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HomeMy WebLinkAbout05.18.22 Staff ReportNOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, May 18, 2022 at 5:00 PM. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Posted: May 12, 2022. J Ern J. Estrada rns, Mayor NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of May 18, 2022. �mh#,l Marlen Garc' City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 May 18, 2022 5:00 PM Audio Streaming will be available at. htt s://www.youtube.com/channel/UCFLZQ dDFRi 59rhiDZ13Fq/featured?view as=subscriber http.-Abaldwinpark.granicus.comNiewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at. https://www.youtube.cam/channel/UC3bPFB1HcoPlks1Xget GcA Pa��ph+ O . H U B O F !•., ` '` ' :THE . '?d AN,. ABRIEL a �R'aT�DJANV�� Emmanuel J. Estrada - Mayor Daniel Damian - Mayor Pro Tem Alejandra Avila - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se in vita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda. agenda. In accordance with Chapter 39 of the De acuerdo con el capitulo 39 del Codigo Municipal Baldwin Park Municipal Code, Speakers must de la Ciudad de Baldwin Park, los comentaros deben address the Council as a whole and refrain se dirigidos al Concilio como una sola entidad, y no from making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of the interrumpir la paz de la reunion. meeting. CITY COUNCIL SPECIAL MEETING — 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algCjn asunto a menos que sea incluido en la agenda, o a menos que exista a1gC1na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on May 18, 2022 to commenisLy,baldwinpark. corn. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. OPEN SESSION/STUDY SESSION • Esperanza Villa Year Two & Garvey 2.0 Grant Funding Opportunities Presentation Presented by Brielle Acevedo, Regional Housing Trust Administrator for SGVRHT and Manuel Carrilo Jr., Director of Recreation & Community Services RECESS TO CLOSED SESSION 1. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Gonzalo Cetino, Jorge Huerta, Jose Jimenez, Case No. 22STCV14121 Edwin Parra, Francisco Real, and Luis Valdivia v. City of Baldwin Park Case Name: Maria Cortez Vides v. City of Baldwin Park Case No. 22STCV1 1511 Case Name: David Lopez Becerra v. City of Baldwin Park Case No. 22STCV06605 Case Name: John Rios v. City of Baldwin Park Case No. 19STCP05465 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6(b)(3): Agency Designated Representative: Enrique C. Zaldivar, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees 3. Public Employment Pursuant to Government Code §54957: Position: Director of Community Development RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of May 18, 2022. on Marlen Gar is City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail Imorales(ftaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 • 1 EFRITIJUM Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZO dDFR�y59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.comlViewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at: https:llwww.voutube.com/channel/UC3bPFBIHcoPIksIXAetmGcA 200 ` V A LL E ,� ,��� fo' 7eD .IAN0� ' Emmanuel J. Estrada - Mayor Daniel Damian - Mayor Pro Tem Alejandra Avila - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquier Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda para hablar sobre cualquier asunto publicado en la or on any other matter within its jurisdiction. agenda o cualquier tema que este bajo su In accordance with Chapter 39 of the jurisdiccion. De acuerdo con el capitulo 39 del Baldwin Park Municipal Code, Speakers Codigo Municipal de la Ciudad de Baldwin Park, los must address the Council as a whole and comentaros deben se dirigidos al Concilio como refrain from making impertinent, slanderous, una sola entidad, y no ser impertinentes, or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la the meeting. reunion. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council M embers: Alejandra A vila, M onica G arcia, Paul C . Hernandez, M ayor P ro Tem Daniel D amian, a nd M ayor E mmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS The C ity C ouncil are also m embers of t he Board of D irectors of the H ousing A uthority, an d Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Lupus Proclamation Presented to Juana Mata, Patient/Advocate from Looms for Lupus • Fibromyalgia Proclamation Presented to Juana Mata, Patient/Advocate from Looms for Lupus • Public Works Week Proclamation Presented to Sam Gutierrez, Director of Public Works and Baldwin Park Public Works Staff • Kids to Parks Day National Park Trust Proclamation Presented to National Park Trust • Baldwin Park Police Oath of Office Police Officer Thomas Ip Police Officer Janae Moreno Records Supervisor Joan Gasca Records Clerk Anai Chavez Parking Enforcement Gerardo Duenaz Parking Enforcement Jaime Barrera Parking Enforcement Andrew Franco Police Cadet Emeralda Herrera City Council Agenda Page 2 PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No ac tion may be t aken on a m atter unl ess i t i s listed on t he ag enda, or unl ess c ertain em ergency or s pecial circumstances e xist. T he legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.2) ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. Ei cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. (Codigo de Gobierno §54954.21 If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on May 18, 2022 to comments Ca)baldwinparkcom. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends t hat t he C ity C ouncil ratify t he attached Warrants an d D emands Register. 2. Treasurer's Report — March 2022 Staff recommends t hat the Cit y Council r eceive an d f ile t he T reasurer's R eport f or March 2022. 3. Approve of Renewal of the General Services Agreement with Los Angeles County Staff recommends that Council approve the renewal of the General Services Agreement between the City of Baldwin Park and the County of Los Angeles, for a five-year period, and authorize the Mayor to execute the Agreement. 4. Approval of R esolution N o. 2 022-021 and C onsideration of a M emorandum of Understanding (MOU) with Goodwill Southern California to Establish the NextGen Youth Workforce Program Staff recommends that the City Council: 1. Approve Resolution No. 2020-021 and the proposed MOU with the GSC; and 2. Authorize the Mayor to execute the MOU; and 3. Authorize the Chief Executive Officer (CEO) and the Finance Director to transfer $127,000 of American R escue P Ian A ct (ARPA) f unds t o G SC f or t he e arly s tart phase of the summer 2022 NextGen Youth Workforce Program; and 4. Authorize the CEO to make technical adjustments as may be necessary to carry out the direction of City Council. City Council Agenda Page 3 5. City Council A cceptance of C ertification of "Initiative M easure R egarding Cannabis Retail Sales Regulation and Tax" Staff recommends that the City Council: 1. Adopt Resolution No. 2022-022 and accept the Certificate of Sufficiency issued by the Chief Deputy City Clerk regarding the initiative petition entitle "Initiative Measure Regarding Cannabis Retail Sales Regulation and Tax"; and 2. Order a r eport p ursuant t o E lections C ode S ection 92 12 on one or al I of t he following: effect on fiscal i mpact, effect o n the i nternal consistency of t he c ity's general an d s pecific pl ans, of fect o n t he us e of I and, i mpact on f unding f or infrastructure o f al I types, i mpact on t he c ommunity's a bility t o attract an d r etain business and employment, impact on the uses of vacant parcels of land, its impact on agricultural lands, and/or any other matters the legislative body requests; and 3. Direct staff to present the findings of the report to the legislative body on or before the regularly scheduled City Council Meeting of June 15, 2022. 6. Request f or A uthorization t o P urchase ne w I nterview R oom C amera and Components from Axon Enterprises Staff recommends that City Council: 1. Waive the formal bidding process for this purchase; and 2. Authorize t he P olice Department t o purchase t he requested camera and related components from Motorola Solutions; and 3. Authorize the Director of Finance to appropriate $19,432.56. from the General Fund and to make the necessary budget adjustments; and 4. Authorize t he C hief of P olice, or hi s de signee, t o c omplete al I appr opriate documentation to complete the purchase. 7. Approval a P roposal f rom G LOBAL C TI for t he P urchase of A M ITEL M IVOICE OFFICE Unified Communications System Staff recommends that the City Council: 1. Approve t he proposal f rom G LOBAL C TI i n t he amount of $182,370.19 a nd authorize t he C hief E xecutive Officer t o p urchase t he r eplacement M itel M iVoice Business System; and 2. Authorize the Director of Finance to make the necessary budget adjustments. 8. Second R eading of O rdinance N o. 1 471 E ntitled: "An O rdinance of t he C ity Council of t he C ity of B aldwin P ark, California, A dopting P olice D epartment (Policy No. 706), in Accordance with Assembly Bill 481" Staff recommends that the City Council waive second reading and adopt Ordinance No. 1471, entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Adopting Police Department (Policy No. 706), in Accordance with Assembly Bill 481". City Council Agenda Page 4 9. A Request f or Consideration of a Recommendation of Approval t o t he C ity Council, City of Baldwin Park, Regarding Commercial Cannabis Agreement (CCA) No. 2 2-01 t o Permit a C ommercial C annabis D istribution F acility wit hin t he I -C, Industrial Commercial Zone, Pursuant Ordinance 1460 and 1461. (Location: 14030 Live Oak Avenue (APN: 8536-001-024); Applicant: Baldwin Park Distribution, LLC; Case Number: CCA 22-01 for CAN 21-05) Staff r ecommends t hat t he C ity C ouncil: Adopt R esolution 2 022-023 entitled, " A Resolution o f t he C ity C ouncil of t he C ity of B aldwin P ark C alifornia, to A pprove Commercial Cannabis Agreement 22-01 to Permit a Commercial Cannabis Distribution Facility withing the IC, Industrial Commercial Zone Pursuant to Ordinance No's. 1460 and 1461 (Location: 14030 Live Oak Avenue (APN: 8536-001-024); Applicant: Baldwin Park Distribution, LLC; Case Number: CCA 22-01 for Can 21-05). 10.Authorization t o A pply f or t he N otice Fundi ng f or C ities a nd C ouncils of Governments Interim H ousing S ervices Fund ( CCOGIHS Fund) f or E speranza Villar Tiny Home Village Year Two (2) Grant Staff recommends that the City Council: 1. Authorize to Apply for the Notice of Funding for Cities and Councils of Governments Interim Housing Services Fund (CCOGIHS Fund) for Esperanza Villa Year Two (2) Grant; and 2. Authorize the partnership with San Gabriel Valley Council of Governments (SGVOG) to submit joint grant application; and 3. Authorize t he D irector of R ecreation a nd Community Services to s ubmit gr ant application and execute any necessary documents associated with the grant. 11.Adoption of a R esolution t o C ontinue Conducting C ity C ouncil/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 Staff r ecommends t hat t he C ity C ouncil adopt R esolution N o. 2 022-024 t o c ontinue conducting C ity C ouncil/Commission/Board Meetings remotely i n ac cordance w ith t he Brown Act executive orders a nd A B 3 61 ( covering meetings hel d f rom M ay 18, 2 022 through June 17, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill's teleconferencing exemptions. CITY CO UNCIL ACT ING AS S UCCESSOR AG ENCY O F THE DI SSOLVED CO MMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — March 2022 Staff r ecommends that t he Board r eceive and f ile the T reasurer's R eport f or March 2022. City Council Agenda Page 5 CITY CO UNCIL / CITY CL ERK / Cl TY TREASURER / STAFF R EQUESTS & COMMUNICATION • None ADJOURNMENT CERTIFICATION I, M arlen G arcia, City Clerk of t he C ity of B aldwin P ark h ereby c ertify t hat, under p enalty o f perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of May, 2022. , /FAa'&' AuZ Marlen Garcia City Clerk For f urther i nformation r egarding agenda i tems, please contact the of fice of t he C ity Clerk a t (626) 960-4011 ex t. 466 or v is e-mail at Imorales@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: May 18, 2022 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $518,207.94 and the attached General Warrants Register was $794,388.25 for a total amount of $1,276,330.47. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 201385 to 201402 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 32737 to 32987 for the period April 17, 2022 through April 30, 2022, inclusive; these are presented and hereby ratified in the amount of $518,207.94. 2. General Warrants, with the bank drafts in the amount of $355,173.58 and checks from 235939 to 236069 in the amount of $439,214.67 for the period of April 7, 2022 to April 21, 2022, inclusive; in the total amount of $794,388.25 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register yN q 0000 oC' c)It CD C.) 000 OTo,PI O In M 000 c. c' a, Orn 111 oIn O Mao ot- O o a oN o rn N oo oo c't N o. M o m Nm p 0 ',.7 OOOb O Or001n O O O P OOO�b m p%q l., r C?o p ppC r npNP moo PO Pp" oN rN N«l . ..-+ r-: a, Yi C]6m WO O O b 9 O a � P'' fV O t-- P r- i h7 C? 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C? a a a a a QO 0100 a o a ao a x000 L v R q1D of rT Ol U of t t t t d t V t t t t t t rl N N N [�`I N N N N N N z mmmaimm rn 0101 m Cn C,, 0f Cr Cn C, C, rnrn N NN N N N NNN N NN N N NN CSI NNN t tt t t t t tt tt n,n In Inln+n In by In In n V In In In In In In n N N N N N N NNN N NN N NN N NN N NNN 66000000000 I W M I) In I n I n V l w 1 h n In In n In In In In I n l a 0000CD<.:) I060666066000000000000060066o6ob 6.)a hl 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 o G G G C1 G G G G G❑ G G G G❑ C❑ c C G 0 U < a^1 plQ b€ -s 6{--� 0 0 0 0 0 a a a o Q o o Q o a a a o 0 0 0 0 0 0 0 0 o a o 0 0 6 0 0 0 0 o a o Ate. Nri�c-4elN f--IQr-i�QRA Q �QRn�rwiQQWWWWW4�rkWSlS�134�WWl t f�f-1WWf I t S C1- In m Wli rn ri cn r� v)i cn v vii ITEM NO. 2 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: May 18, 2022 SUBJECT: Treasurer's Report — March 2022 SUMMARY Attached is the Treasurer's Report for the month of March 2022. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for March 2022. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 3131/2022 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIFI 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City -Including General Fund & all other Special Revenue Funds 6.3660/0 Varies Varies $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 Housing Authority 0.3651% Varies Varies 14,123,30 14,123.30 14,123,30 14,123.36 24,908,751.23 24,908,761.23 24,908,761.23 24,908,751.23 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,718,112.66 6,716,112.66 6,718,112.66 6,718,112.66 Fiscal Agent Funds -Successor Agency jrust]Debt Service Fund) Varies Varies Varies 0.82 0.82 0.82 0.82 6,718,113.38 6,718,113.38 6,718,113.38 6,710,113.38 $ 31,626,664.61 $ 31,626,864.61 $ 31,626,864.61 $ 31,626,864.61 Total Investments $ 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City Miscellaneous Cash (WIC, PIR) 632,307.54 Successor Agency 1,224,643.44 Housing Authority 929,427.67 Financing Authority 11,700.60 Total Cash with Bank of the West 26,274,412.43 Investment Brokerage Capital Reserves (Dlvdend Option Cash) 267,721.14 Total Cash and Investments $ 68,168,998.18 in accordance with AB X126,the Community Development Commission Is dissolved effective January 31, 2012. The successor agency name Is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of March 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. 3 TO: Honorable Mayor and City Councilmembers FROM: Enrique C. Zaldivar, Chief Executive Officer DATE: May 18, 2022 SUBJECT: Approval of Renewal of the General Services Agreement with Los Angeles County SUMMARY This report seeks City Council approval for renewal of a five-year contract with Los Angeles County to provide a variety of general civil services to the City on an as -needed basis. RECOMMENDATION Staff recommends that Council approve the renewal of the General Services Agreement between the City of Baldwin Park and the County of Los Angeles for the term of July 1, 2022 through June 30, 2027 (a five-year period), and authorize the Mayor to execute the Agreement. FISCAL IMPACT There is no direct fiscal impact associated with the execution of this agreement. Fees may be incurred at rates established by the County Auditor -Controller, depending on the service(s) provided. The utilization of the contract is very minimal with no costs incurred over the last five years. BACKGROUND The City of Baldwin Park (City) and the County of Los Angeles (County) have entered into a General Services Agreement (GSA) every five years under which the County provides such services as predatory animal control, prosecution of city ordinances, direct assessment collection services, and a variety of public works services. The most recent GSA, approved on June 30, 2016, will expires on June 30, 2021. To ensure continuity of services to the community, the County has requested that the Council approve a GSA for the period from July 1, 2016 through June 30, 2021. This Agreement includes the option to renew for one five-year period (July 1, 2022 through June 30, 2027). The rates associated with services provided under the Agreement are established by the County Auditor -Controller and no services are provided unless requested in writing by City and approved by the City Council. ALTERNATIVES Council may choose to not renew the Agreement and consider other methods of providing comparable services to the community. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. General Services Agreement GENERAL SERVICES AGREEMENT THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference o nly, July 1, 2022, is m ade by a nd between t he C ounty of L os A ngeles, hereinafter referred to as the "County", and the City of Baldwin Park, hereinafter referred to as the "City." RECITALS: (a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions. (b) T he C ounty i s a greeable t o p erforming s uch s ervices o n t he t erms an d conditions hereinafter set forth. (c) Such contracts are authorized and provided for by the provisions of Section 56'/2 of t he C harter of t he C ounty of Los A ngeles a nd S ection 51300, et s eq., of t he Government Code. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for. 2. The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor -Controller in accordance with the policies and procedures established by the Board of Supervisors. These rates shall be readjusted by the County Auditor -Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County. 3. No C ounty agent, officer or de partment s hall perform f or s aid C ity any 1 of 6 function not coming within the scope of the duties of such agent, officer or department in performing services for the County. 4. No s ervice s hall be performed h ereunder unl ess t he C ity s hall hav e available funds previously appropriated to cover the cost thereof. 5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each s uch s ervice or f unction s hall be performed at t he t imes a nd un der circumstances which do not interfere with the performance of regular County operations. 6. Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in the City, t he C ity s hall f urnish at i is own cost and expense all necessary of fice s pace, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense. It i s ex pressly u nderstood that i n t he ev ent a I ocal ad ministrative of fice i s maintained in the City for any such County agent, officer or department, such quarters may be us ed by t he C ounty agent, officer or d epartment i n c onnection w ith t he performance o f i is du ties i n territory o utside t he C ity an d adjacent t hereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 7. All persons employed in the performance of such services and functions for 2of6 the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right. For t he purpose of p erforming s uch s ervices an d f unctions, a nd f or t he purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement. 8. The C ity s hall not be c ailed upon t o as sume any I iability f or t he di rect payment of any salary, wages or other compensation to any County personnel performing services h ereunder for t he C ity, or a ny I iability of her t han t hat provided f or i n this agreement. Except as her ein otherwise s pecified, the Cit y s hall n of be Iia ble f or compensation or indemnity to any County employee for injury or sickness arising out of his or her employment. 9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 10. Each County agent, officer or department performing any service for the 3of6 City provided for herein shall keep reasonably itemized and in detail work or job records covering t he c ost of al I s ervices per formed, i ncluding s alary, w ages a nd o ther compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County -owned machinery and equipment, rental paid for all rented machinery or equi pment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable han dling charges, an d al I a dditional i tems of ex pense i ncidental t o t he performance of such function or service. 11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder. 12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice. If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion t hereof calculated f rom the I ast d ay of t he month i n w hich t he s ervices were performed. 13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, 4of6 including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so. 14. This A greement s hall bec ome effective on t he date herein -above f irst mentioned and shall run for a period ending June 30, 2027, and at the option of the City Council of t he C ity, with the consent of the Board of S upervisors of County, s hall be renewable thereafter for an additional period of not to exceed five (5) years. 15. In t he event the C ity desires to renew this Agreement f or said f ive-year period, the City Council shall not later than the last day of May 2027, notify the Board of Supervisors of C ounty t hat i t w ishes f o r enew t he s ame, w hereupon t he Board of Supervisors, not later than the last day of June 2027, shall notify the City Council in writing of i is w illingness t o a ccept s uch r enewal. O therwise, such Agreement s hall f inally terminate at the end of the aforedescribed period. Notwithstanding t he p rovisions of this p aragraph herein -above s et f orth, t he County may terminate this Agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this Agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County. 16. This Agreement is designed to cover miscellaneous and sundry services which m ay b e s upplied by the C ounty o f L os A ngeles an d t he v arious d epartments thereof. In the event there now exists or there is hereafter adopted a specific contract between the C ity and the C ounty w ith respect to s pecific s ervices, s uch contract w ith respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference. 5of6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. Executed this ATTEST: City Clerk ATTEST: CELIA ZAVALA Executive Officer/Clerk of the Board of Supervisors Deputy APPROVED AS TO FORM: day of RODRIGO A. CASTRO-SILVA County Counsel In Senior Deputy 6of6 r� The City of Baldwin Park, Mayor THE COUNTY OF LOS ANGELES Chair, Board of Supervisors 7of6 ITEM NO. 4 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Robert Tafoya, City Attorney DATE: May 18, 2022 SUBJECT: Approval of Resolution No. 2022-021 and Consideration of a Memorandum of Understanding (MOU) with Goodwill Southern California to Establish the NextGen Youth Workforce Program SUMMARY The purpose of this staff report is to consider a Memorandum of Understanding (MOU) for a term of one year with Goodwill Southern California (GSC) to establish the NextGen Youth Workforce Program (NextGen) that will provide Baldwin Park youth in general, with an emphasis on at -risk youth with employment opportunities. RECOMMENDATION Staff recommends that the City Council: 1. Approve Resolution No. 2020-021 and the proposed MOU with the GSC; and 2. Authorize the Mayor to execute the MOU; and 3. Authorize the Chief Executive Officer (CEO) and the Finance Director to transfer $127,000 of American Rescue Plan Act (ABPA) funds to GSC for the early start phase of the summer 2022 NextGen Youth Workforce Program; and 4. Authorize the CEO to make technical adjustments as may be necessary to carry out the direction of City Council. FISCAL IMPACT There is no General Fund fiscal impact with the approval of this MOU. Funding for the program will be provided primarily by GSC as part of the LA County's Youth@Work Program. The City will provide funding for the beginning of the summer program for 69 participants placed in the City departments utilizing ARPA funds from the Community Assistance programs with account #275-25-719-51101- 17518. If ARPA funds are unavailable, General Fund will be used to fund the program. BACKGROUND The City of Baldwin Park has committed to creating employment opportunities for local youth and at - risk youth that offer them constructive options while on summer break, while also assisting employers with hiring needs. To address this, and with City Council guidance staff initially began exploring establishing a youth employment program that would target youth in the 16-19 age group but was expanded to the 14-24 age group. Discussions were initiated with the Baldwin Park Unified School District (BPUSD) and GSC regarding collaborating. GSC is contracted to provide workforce programs in the area and can provide pay to participating youth for 120 hours. Of these 120 hours, 20 would be for job readiness training and 100 would be for actual work. After additional discussions it was decided that the best course of action would be for the city to establish an MOU with GSC. The MOU would facilitate data sharing and establish roles and responsibilities, including establishing the city as a job site for the program. The immediate program goal is to have 200 youth participate in the summer. To meet this goal GSC has committed to reserving 150 spots for the program and an additional 50 spots that will be funded through their Summer Training & Employment Program for Students (STEPS) grant. The STEPS grant is a Department of Rehabilitation grant that will be used is to establish a work experience and job preparation training program for students with disabilities and has already been awarded to GSC. The long-term goal is to establish this program year-round and to eventually serve up to 600 students. To further advance the goals of the NexGen Program and City Council, the city will fund an early start phase for 69 participants, who will be placed within city departments. This will be done in partnership with the GSC, the BPUSD and is done in recognition of the fact that the summer break for BPUSD students begins on June 2, 2022, but the GSC program starts on July 1, 2022, leaving a gap. Breakdown of Funding Estimated To Be Utilized in the NextGen Program: A. Funding Provided By the City of Baldwin Park to Participants for 4 Weeks, at 20 Hours/Week, $15/hour (June 6 -June 30, 2022) • Wages: $84,000 • Fringe Benefits: $24,000 • Supervising Staff Cost: $10,000 • Administration Fee Cost (10%): $8,400 • Total: $126,400, rounded to $127,000 • American Recovery Program Account Fund 275-25-719-51101-17518 B. Funding Provided Directly By GSC From the LA County's Youth@Work Program. • 150 Participants for Weeks (July 1, - July 30, 2022) @ $15/hour for 120 Hrs Total. • Plus 50 additional participants thru the STEPS Program. Placement of the 69 participants within city departments breaks down as follows: • Park & Recreation, 45 • Community Development, 7 • Public Works, 13 • Human Resources, 1 • Admin Office, 2 • Finance, 1 • Total 69 GSC will act as the Program Administrator and Employer of record for all the youth hiring related to the Next Gen Program referred to in this report. LEGAL REVIEW The City Attorney has reviewed the attached draft agreement and has approved its form and content. ALTERNATIVES The City Council may decide not to pursue this MOU. ATTACHMENTS 1. Resolution No. 2022-021 2. Memorandum of Understanding (MOU) RESOLUTION NO. 2020-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF BALDWIN PARK AND GOODWILL SOUTHERN CALIFORNIA ("GSC") FOR THE PURPOSES OF ESTABLISHING THE NEXTGEN YOUTH WORKFORCE PROGRAM WHEREAS, the City of Baldwin Park has identified the need for employment opportunities for at -risk youth that offer them constructive options; and WHEREAS, the City of Baldwin Park acknowledges the collaborative benefits of partnering with GSC on establishing the NextGen Youth Workforce Program; and WHEREAS, GSC is contracted to provide workforce programs in the area and is able to provide pay to participating youth for 120 hours; and WHEREAS, GSC will recruit program participants, provide initial assessment of potential participants, provide job readiness training, provide supportive services such as work clothing and transportation assistance, employment referrals, overall program monitoring; and WHEREAS, the City of Baldwin Park will participate in implementing the program by assisting in outreach to youth and employers, assisting in promoting the program through the use of city resources, providing access to city facilities, providing employment opportunities in various city departments and promoting program successes. NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City of Baldwin Park as follows: 1. That based upon the acknowledged need of an at -risk youth employment program that would benefit City of Baldwin Park residents. The City Council finds and determines that an MOU between the City of Baldwin Park and GSC that would formalize the establishment of the NextGen Youth Workforce would assist in addressing this need. 2. That the MOU between the City of Baldwin Park and GSC, a copy of which is attached as Exhibit A, is hereby approved. This authorization confers upon the Mayor or his designee the authority to sign the MOU on behalf of the City and to take such other and further actions as may be necessary and proper to carry out the terms of the MOU and the purpose of this Resolution. 3. This resolution shall become effective immediately upon its approval. 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED, AND ADOPTED this 18th day of May 2022. Emmanuel J. Estrada MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK j I, MARLEN GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-021 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 18, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA, CITY CLERK IT, l4►T&C:?-ALIIBig 1IT, to] 211'Ll111:1 &1r_1'1p71'[c] PURPOSE: The purpose of this Memorandum of Understanding (hereafter referred to as "MOU") is to enter into an agreement between Goodwill Southern California (hereafter referred to as "GSC") and the City of Baldwin Park, a public body, corporate and politic ("Cites 1. This agreement is entered into in a spirit of cooperation by the signatory agencies in order to maximize utilization of resources in serving at -risk youth job seekers and employers. It is understood that the development, implementation and ultimate success of GSC Career Resource Center (CRC) and the establishment of the NextGen Youth Workforce Program requires mutual trust and teamwork between agencies working together to accomplish common goals. The intent of this MOU is to establish the operational collaboration between GSC and the City. 2. PARTIES: The Parties to this MOU are: Goodwill Southern California 342 N. San Fernando Road Los Angeles, CA 90031 323-539-2049 Attn: Patrick McClenahan President & CEO City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: Enrique C. Zaldivar Chief Executive Officer 3. DURATION OF AGREEMENT: This MOU shall become effective May 18, 2022 and terminate June 1, 2023. A. Modification: This MOU may be modified with the approval of both parties, provided both parties sign the revised agreement. A modification request must be presented in writing, 30 days prior to effective date. B. Termination: For non -mandated partnerships, either party may terminate its participation in this MOU without cause by providing 30 -day written notice by a nationally recognized overnight delivery service with delivery to, personal service at, or mail to, the addresses in Section 2. The 30 days will begin on the date of personal service, the date placed with the overnight delivery service or the date of mailing as applicable. C. Extension: This MOU may be extended by written agreement between both parties, provided such agreement is signed by both parties prior to the termination date and contains the following: Memorandum of Understanding 1 (1) A statement of intent to continue the provisions of the MOU; (2) Revised effective and termination dates and (3) Dated signature of the signatory's designee. 4. INDEMNIFICATION: The City shall indemnify, defend and hold harmless GSC, its officers, agents and employees from all liability, to the extent related to the City's negligent acts, errors, omissions or those of its employees or agents under this agreement. GSC shall indemnify and hold harmless the City, its officers, agents and employees from all liability, to the extent related to GSC negligent acts, errors, omissions or those of its employees or agents under this agreement. 5. PARTNERSHIP PROVISIONS: Both GSC and the City have certain rights and responsibilities as outlined below: A. Scope of Services: Both parties agree to perform during the term of this MOU, the task, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this MOU as Exhibit "A". B. Compensation: City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit «D„ C. Dispute Resolution: All parties shall first attempt to resolve disputes informally. Any party may call a meeting to discuss and resolve disputes. All dispute resolutions must be approved by GSC's Vice President to be binding on GSC and Chief Executive Office of the City. If the dispute is not resolved, it shall be referred to GSC's President & CEO who will work cooperatively with the City's executive management to resolve the issue. While informal dispute resolution is preferred, it shall not be a condition precedent to filing a lawsuit. D. Governance: GSC consists of various partners representing the various facets of the community served. Therefore, the governance of GSC requires cooperative involvement of all partners. The GSC's Executive Leadership shall endeavor to see that all contractual, fiscal and legal provisions are adhered to and that GSC remains fully operational. The City Executive Leadership shall ensure that their staff provides services outlined in Exhibit A and participate in GSC operations as outlined in the "Scope of Services". E. Political Activity/Lobbying Certification: Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. Memorandum of Understanding 2 6. OPE RATIONALPROVISIONS: A. Both parties shall be committed to health and safety requirements and to providing equal access to services by persons with disabilities. B. Both GSC and the City will support each other's Mission, Vision and Values. It is understood that each organization has specific performance goals that they are striving to meet and that supporting each other through training and teamwork will result in increased achievement by all partners. C. Both GSC and the City will take an active role in promoting the services of the CRC to be provided by GSC and the City. Each shall provide current marketing materials for programs and services that indicate the nature of services offered, cost (if any), schedule, contact information, eligibility for services and other pertinent information. 7. INSURANCE AND SUBROGATION: A. Both GSC and the City will maintain at least $2,000,000 aggregate General Liability Insurance with a reputable insurance provider and each party shall name the other as additional insured on said policy. Both GSC and City will provide proof of insurance to the other. B. Proof of Coverage. The City is self-insured, will provide adequate evidence of financial viability of such self-insurance coverage and such evidence must be updated annually. If GSC reasonably determines that the City's finances do not sustain self- insurance, the City shall be required to obtain third -party coverage from a reputable insurance company. C. GSC and the City each agree to provide a waiver of subrogation for the other in the event of any property or liability loss or damage caused to GSC or the City, by the other. 8. CONFIDENTIALITY: A. Subject to any limitation imposed on the City by law, information regarding persons served will be shared amongst the City through a variety of methods, including but not limited to case management, referrals, electronic systems (such as Skills Match, email and local area network)., subject to any limitations imposed by law with regard to student records. Exhibit B further outlines the data sharing arrangement between the parties. B. All staff of both GSC and the City will respect confidentiality of all persons served. C. All parties agree to adhere to legal requirements set forth by the Welfare & Institutions Code, the Rehabilitation Act, Health Insurance Portability and Accountability Act (HIPAA) and other legal statutes or requirements to ensure the protection and privacy of persons served, as it pertains to this particular MOU. Memorandum of Understanding 3 9. RELATIONSHIP OF THE PARTIES: A. It is the intention of the parties to create a relationship wherein the City is a local government agency. Notwithstanding any term(s) or terminology used in this Agreement (i.e. the reference to the City as "Partner"), nothing in this Agreement shall be construed as creating the relationship of employer-employee or establishing any trust, partnership or joint venture arrangement between GSC and the City. Nothing in this Agreement shall deprive or otherwise affect the right of either party to conduct business activities which may be competitive with the services to be provided hereunder. B. GSC and the City shall each be responsible, respectively, for the assessment, qualifying, hiring, management, compensation and/or termination of employment of their respective employees who may provide any of the services contemplated by this Agreement. Nothing in this Agreement is to be construed to create any co -employment of any GSC and/or the City employee by the other. 10. NON-DISCRIMINATION: Both GSC and the City agree to comply with all Federal and State statues that prohibit discrimination. The parties certify that all persons employed by and customers served by the GSC CRC, the City, or affiliates shall be treated equally without regard to race, religion, ancestry, national origin, sex, age, disability, marital status, political affiliation or beliefs. 11. CODE OF CONDUCT: Both parties agree to uphold each other's code of conduct/ethics and maintain the highest levels of integrity when serving as a representative of their organization and the Career Resource Center. 12. FACILITIES USE: It is agreed that the City will provide GSC with the use of City facilities as outlined in Exhibit A "Scope of Services". 13. AUTHORITY: The individuals signing below have the authority to commit the party they represent to the terms of this MOU and its attachments and do so commit by signing. This agreement is not in effect until it is signed by representatives of both GSC and The City. Memorandum of Understanding 4 SIGNATURES Signature: Printed Name & Title: Patrick McClenahan, President & CEO Agency: Goodwill Southern California Address: 342 N. San Fernando Rd. Los Anaeles. CA 90031 Telephone: (323) 539-2049 Signature: Printed Name & Title: Emmanuel J. Estrada, Mayor Agency: City of Baldwin Park Address: 14403 E Pacific Ave.. Baldwin Park CA 91706 Telephone: (626) 813-5204 Memorandum of Understanding 5 Attachments: Exhibit A: Scope of Services Exhibit B: Data Sharing Agreement Exhibit C: Universal Release of Information Form\ Exhibit D: Compensation Memorandum of Understanding 6 EXHIBIT A SCOPE OF SERVICES NextGen Youth Workforce Program Goodwill Southern California and the City of Baldwin Park May 18, 2022 Under this Memorandum of Understanding agreement Goodwill Southern California (GSC) and the City of Baldwin Park (City) shall agree to the following related to the NextGen Youth Workforce Program: GSC will provide the following: o For youth ■ Streamlined employee outreach, recruitment intake and orientation to services; ■ Initial assessment of skills, aptitudes, abilities and supportive services; ■ lob search and placement assistance including career counseling; ■ Supportive services such as (interview and work clothing, transportation assistance, work items based on need and funding); • On-going intensive career assessment, counseling and planning. • Occupational classroom training; • Skills upgrading and retraining; ■ On -the -lob Training; ■ lob readiness training; ■ Soft -skills training; • Fund required screenings for employment such as fingerprinting services, medical exams, and testing for Tuberculosis; • Industry -based, customized training based on employer need with up front agreement to hire based on established conditions; ■ Employment referral and follow-up services for customers attaining employment for not less than 12 months after the first known day of employment. o For the City ■ Periodic updates to include progress on agreed to goals and data to verify progress • Agree to share information regarding youths that are participating; • Agree to meet periodically in person to discuss program progress, potential improvements or recommendations; ■ Periodically provide program progress updates to city council; ■ Provide updates on specific cases; ■ Participate in promoting program successes through public relations effort. o For employers • Participate in recruitment efforts; ■ Provide program informational seminars; ■ Respond to employer inquires; ■ Work site assessment; ■ Execute Youth Work Site Agreements; ■ Assist in completing Worksite Expectation Reviews; ■ Assist in completing Work Performance Evaluations. The City will provide the following: ■ Assist with outreach and recruitment of youth; ■ Assist with the promotion of the program including the use of the city's website, local BPNow newspaper, city events such as Concerts in the Park and the Farmers Market, billboard advertising, city related social media platforms, bus stops, the placement of informational material in city facilities and announcements at city council meetings; • Provide employment opportunities in various city departments for youth participants; • Complete all requirements for hired youth including Work Performance Evaluations and Worksite Expectation Reviews; ■ Assist with the recruitment of employers, including employers in and outside the city by providing information directly to businesses, business associations, other public entities and other city partners; • Provide GSC with the use of city facilities to conduct informational seminars; • Promote program successes through public relations efforts. Memorandum of Understanding 7 •I :, Data Sharing Agreement GSC CRC is an agency designed to help meet the vocational goals of customers. Data is one of the Center's most valuable resources and requires responsible and ethical use. GSC relies heavily on its electronic data processing systems and data stored in them to meet its educational, informational and operational needs. It is essential that these systems be protected from misuse. Further, data and computer systems will be maintained to ensure the highest levels of confidentiality and privacy as required by legal and regulatory requirements (including, but not limited to Welfare & Institutions Code, HIPAA, etc.). All documentation shall be maintained in a systematic way and in a secure environment. To maintain the highest quality and to protect the trust given to us by the community, it is essential that we collectively demonstrate adherence to ethical and legal standards and ensure that these standards are enforced. Standards of Professional Data Sharing Practice: 1. Notwithstanding anything in this Memorandum of Understanding or its Exhibits, participant information will only be shared by GSC subject to limitations imposed by law. 2. Customer information may be shared with the City and collaborative agencies of the GSC CRC to determine and tailor services based on the needs of the customer and to reduce redundancy of information asked of the customer; 3. In that the City and its employees are exposed to sensitive information on a regular basis, each shall use discretion when and to whom they shall disclose such information. the City and its employees shall not disclose privileged and/or confidential information to unauthorized parties; 4. The City and its employees shall not discuss in public areas privileged and/or confidential information as pertains to GSC CRC clients. 5. User names and passwords may be assigned to each individual City employee and GSC CRC employee to ensure security of our information systems. All information exchanged between parties authorized to use the information systems, shall be processed in such a way that unauthorized persons cannot retrieve such information by any means; 6. Each user name and password is unique to the individual and shall not be shared with others at any time; 7. Data shall be disseminated in cooperation with organizational policies on confidentiality and H I PAA; 8. Reports or any information contained in our information systems is not for release to the general public without approval of the person served and the authorization of the Vice President of Workforce and Career Development for Goodwill Southern California. Definitions: Privileged: Access due to status or association. Confidential: Information that has a legal implication. Memorandum of Understanding 8 i=171allMwo Universal Release of Information Form (To be used with all Job Seeker customers) Name: Date of Birth: Prior Name(s): Address: City, State, Zip: Home Phone: Cell Phone: Social Security #: Other Phone: I hereby authorize GSC, its staff and the City of Baldwin Park to engage in verbal, written, facsimile or computerized communication of information for the express purpose of determining my eligibility for services and/or for identifying services or agencies to assist me. All pertinent records and information can be released, including those regarding past, present or future information or records that may be needed for eligibility determination, monitoring or follow up purposes. This information may include, but shall not be limited to, income records, employment information, public assistance records, educational records, credit history, health/physical status records, vocational rehabilitation assessment and other assessments or evaluations. It is my understanding that any information obtained by any agent or partner of the GSC will hold this information in strictest confidence. Further I acknowledge that any information shared will be used in my best interests and to provide ease of access to services. This agreement is time-limited to 12 months while I am receiving services and a new agreement shall be signed for services extending beyond that point. Customer Name Customer Signature & Date Witness Name & Title cc: customer Witness Signature & Date Memorandum of Understanding 9 ='7:11:16 DII Compensation Breakdown of Funding Estimated To Be Utilized in the NextGen Program: A. Funding Provided By the City of Baldwin Park to Participants for 4 Weeks, at 20 Hours/Week, $15/hour (June 6 -June 30, 2022) • Wages: $84,000 • Fringe Benefits: $24,000 • Supervising Staff Cost: $10,000 • Administration Fee Cost (10%): $8,400 • Total: $126,400, rounded to $127,000 B. Funding Provided Directly By GSC From the LA County's Youth@Work Program. • 150 Participants for Weeks (July 1, - July 30, 2023) @ $15/hour for 120 Hrs Total. • Plus 50 additional participants thru the STEPS Program. Memorandum of Understanding 10 ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer BY: Lourdes Morales, Chief Deputy City Clerk DATE: May 18, 2022 SUBJECT: Resolution No. 2022-022 City Council Acceptance of Certification of Initiative Petition entitled "Initiative Measure Regarding Cannabis Retail Sales Regulation and Tax" SUMMARY Staff seeks City Council approval for the RECOMMENDATION Staff recommends that the City Council: 1. Adopt Resolution No. 2022-022 and accept the Certificate of Sufficiency issued by the Chief Deputy City Clerk regarding the initiative petition entitle "Initiative Measure Regarding Cannabis Retail Sales Regulation and Tax"; and 2. Order a report pursuant to Elections Code Section 9212 on one or all of the following: effect on fiscal impact, effect on the internal consistency of the city's general and specific plans, effect on the use of land, impact on funding for infrastructure of all types, impact on the community's ability to attract and retain business and employment, impact on the uses of vacant parcels of land, its impact on agricultural lands, and/or any other matters the legislative body requests; and 3. Direct staff to present the findings of the report to the legislative body on or before the regularly scheduled City Council Meeting of June 15, 2022. FISCAL IMPACT There is no fiscal impact associated with the certification. BACKGROUND The initiative petition entitled "Initiative Measure Regarding Cannabis Retail Sales Regulation and Tax" was submitted by proponents to the City Clerk's Office on April 19, 2022. The required number of signatures on the initiative petition for a regular general election to qualify was 3,496, which is ten percent (10%) of the registered voters. Based on an initial review, the petition contained 4,022 signatures. On April 28, 2022, the ROV provided the City with confirmation of 3,731 valid signatures and based on those findings, the City Clerk's Office has deemed the petition sufficient. California Elections Code Section 9215 provides that upon acceptance of the Certificate of Sufficiency, the legislative body shall, in summary, do one of the following: 1) adopt the ordinance; 2) submit it to the voters for consideration; or 3) call for a report pursuant to Section 9212 (9212 Report) of the Elections Code. Pursuant to Elections Code Sections 1405 and 9215, if an initiative has sufficient signatures and the City does not want to adopt the measure as is, it must submit the initiative to the voters at the "jurisdiction's next regular election occurring not less than 88 days after the date of the order of the election", which is scheduled for November 8, 2022. LEGAL REVIEW City Attorney has reviewed the content of this report. ALTERNATIVES The City Council may direct staff to adopt the ordinance as is not later than 10 days after the adoption of the certificate of acceptance or submit the measure to the voters for consideration. ATTACHMENTS 1. Resolution No. 2022-022 2. Certificate of Sufficiency 3. Title and Summary Prepared by the City Attorney 4. Correspondence of findings from the County Registrar of Voters RESOLUTION NO. 2022-022 A RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ACCEPTING THE CERTIFICATION OF THE CITY CLERK AS TO THE SUFFICIENCY OF THE INITIATIVE PETITION ENTITLED "BALDWIN PARK MARIJUANA RETAIL SALES, REGULATION, AND TAXATION MEASURE" WHEREAS, on January 24, 2022, the proponents of an initiative measure entitled "Baldwin Park Marijuana Retail Sales, Regulation, and Taxation Measure" submitted a Notice of Intention and written text of the measure and requested that a title and summary be prepared by the City Attorney for the measure in order to circulate the petition; and WHEREAS, on February 28, 2022, the City Attorney prepared and provided an official ballot title and summary for the proposed Initiative for use by the proponents for publication and circulation of the petition; and WHEREAS, on February 22, 2022, the Baldwin Park City Clerk contacted the Los Angeles County Registrar Recorder's Office to determine the number of registered voters in the City of Baldwin Park as of its last report to the Secretary of State pursuant to Elections Code Section 2187, effective February 22, 2022, and the Clerk determined that the number of registered voters in the City was 34,962; and WHEREAS, the initiative petition would require at least 3,496 (10%) valid signatures to be sufficient to qualify for a regular election; and WHEREAS, the petitions regarding the initiative were filed with the City Clerk on April 19, 2022 and were them submitted to the Los Angeles County Registrar Recorder on April 20, 2022 for signature verification; and WHEREAS, the results of the signature verification conducted by the Los Angeles County Registrar -Recorder established that 4,022 signatures on the petition were examined of which 3,731 were found to be sufficient; and WHEREAS, the number of signatures qualified (3,731), is in excess of the minimum number of signatures required for a regular election pursuant to Election Code Section 9215 and 1405; and WHEREAS, the City Clerk has prepared the Certificate of Sufficiency of the petition "Exhibit A"; and WHEREAS, Elections Code Section 9114 requires that the voter initiative petitions be submitted to the City Council at the next regularly City Council meeting certifying the results of the examination. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the City Council of the City of Baldwin Park hereby accepts the Certificate of Sufficiency regarding the initiative petition. Section 2. That the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 18th day of May 2022. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, MARLEN GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-022 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 18, 2022, and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK CITY OF BALDWIN PARK CERTIFICATE OF SUFFICIENCY OF PETITION I, Lourdes Morales, Chief Deputy City Clerk/Elections Official of the City of Baldwin Park, County of Los Angeles, State of California hereby certify that: The petition entitled "Baldwin Park Marijuana Retail Sales Regulation and Taxation Measure" was filed with the City Clerk's Office on January 24, 2022. That said petition consists of 12 sections. That each section contains signatures purporting to be signatures of qualified electors of the City of Baldwin Park, California. On April 28, 2022, the Los Angeles County Registrar of Voters completed the process of verifying the petition signatures. Based on the County of the Los Angeles Registrar of Voters' Signature Verification findings, I have determined the following facts regarding this petition: Total number of signatures filed: Total number of signatures verified: Number of signatures found sufficient: Number of signatures found insufficient: Number of signatures insufficient because of duplication: Total number of signatures required to qualify: Based on the above, the petition is deemed to be sufficient. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 4,022 4,022 3,731 291 16 3,496 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Baldwin Park this 4t" day of May 2022. Lourdes Morales Chief Deputy City Clerk City of Baldwin Park Initiative Measure to be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure, pursuant to California Elections Code Section 9203. The title and summary must be printed across the top of each page of the petition whereon signatures are to appear as required by California Elections Code Section 9203. BALLOT TITLE: Initiative Measure Regarding Cannabis Retail Sales Regulation and Tax. BALLOT SUMMARY This Measure would amend the Baldwin Park Municipal Code to authorize the sale and delivery of medical cannabis and cannabis products to persons 18 years and older and adult -use cannabis and cannabis products to persons 21 years or older if a person obtains a retail cannabis business permit and meets certain conditions. This Measure adds Chapter 127.5 of Title XI to the Baldwin Park Municipal Code relating to cannabis retailers. In creating a new chapter specific to the sale and delivery of cannabis and cannabis products, the Measure also amends existing provisions in Chapter 127 relating to commercial cannabis activity to specify that those provisions do not include delivery, dispensing and retail sales of cannabis and cannabis products, but are applicable only to commercial cannabis production. The Measure, under the new Chapter 127.5, sets forth the location and design requirements, application procedure, and establishes a permitting structure for cannabis retailers. The Measure also specifies the security measures, restrictions on alcohol and tobacco sales, general operating requirements, and other obligations of the cannabis retailers. The Measure would require a cannabis retailer with two or more employees to enter into a labor peace agreement. The City's Chief Executive Officer or designee would be allowed to inspect the cannabis retailer's premises without notice and enforce the local cannabis regulations. Material violations of the regulations are deemed nuisances and may be prosecuted as a misdemeanor. The Measure would also impose a general tax on cannabis retailers. The tax for retailers of medical cannabis or medical cannabis products shall be 0.5% of gross receipts from the retail sale of medical cannabis or medical cannabis products. The tax for retailers of adult -use cannabis or adult -use cannabis products shall be 4% of gross receipts from retail sale of adult -use cannabis or adult -use cannabis products. The taxes are due on a quarterly basis, and non-payment of the tax will result in penalties and interest on the unpaid tax. This Measure allows the City Council to increase the tax rates up to 5% without voter approval. 3 DEAN C. LOGAN Registrar-Recorder/County Clerk ffir. Lourdes City of Baldwin Park 14403 E. Pacific Avenue laidwin Park, California 91706 Dear Ms. Morales: We have completed the signature verification resubmitted on April 20, 2022, for An Initiative Measure Regarding Cannabis Retail Sales Regulation and Tax. The results oft signature verification are as follows: Number of signatures filed 4,022 Number of signatures verified 4,Oa Number of signatures found sufficient 3,731 Number of signatures found not sufficient 291 Not sufficient because duplicate 16 Please call Tiffany Olsen, Head, Data Entry and Signature Verification, at (562) 462-2376 if you have any questions regarding the signature verification of this petition. Sincerely, DEAN C. LOGAN Registrar-Recar derrountyy (Clerk ST ITEM NO. 6 TO: Honorable Mayor and City Councilmembers FROM: Robert A. Lopez, Chief of Police DATE: May 18, 2022 SUBJECT: Request for Authorization to Purchase New Interview Room Camera and Components from Axon Enterprises SUMMARY This report seeks authorization from the City Council to purchase a new interview camera and related components for the police department's Interview Room. RECOMMENDATION Staff recommends that City Council: 1. Waive the formal bidding process for this purchase; and 2. Authorize the Police Department to purchase the requested camera and related components from Motorola Solutions; and 3. Authorize the Director of Finance to appropriate $19,432.56. from the General Fund and to make the necessary budget adjustments; and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. FISCAL IMPACT There will be no negative impact to the General Fund. This purchase will utilize funds from an awarded 2020 Department of Justice local JAG Program from the Office of Justice Programs (OJP). BACKGROUND In 2020, the City of Baldwin Park entered into a subrecipient agreement with the United States Department of Justice (DOJ) Office of Justice Programs (OJP) and was awarded $19,873 as part of DOJ's Edward Byrne Memorial (JAG) Program. This award allows for the purchase of Police Department cameras, specifically one replacing the interview room video/audio recording equipment. The OJP will reimburse the City up to the maximum grant amount of $19,873 as expenditures are incurred and paid by the City and all documentation is reviewed and approved by the OJP Office. The requested interview camera and components will provide upgraded recording technology to the Police Department that is essential for presenting video/audio evidence to the Los Angeles County District Attorney's Office for criminal filing considerations. Currently, the Baldwin Park Police Department uses both body -worn cameras, in -car video cameras, and a cloud -based data storage solution manufactured by Axon Enterprises. Purchasing the replacement Interview Room camera from Axon allows us to utilize the same cloud -based data storage system at an adjusted cost. Because only Axon products are compatible with their data storage system, Axon Enterprises meets the definition of a sole source provider for the replacement camera withing the meaning of City Ordinance 1457. LEGAL REVIEW The proposed contract has been reviewed by the City Attorney as to form and content. ALTERNATIVES 1. Decline to authorize the purchase. 2. Provide Staff with other direction. ATTACHMENTS 1. Quote from Axon Enterprises 2. Axon Enterprises sole source letter 3. GMS Grant award Package — 2020 -DJ -BX -0258-00 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-388466-44672.646KP 04/21/2022 Quote, Expiration: 06115/2022 Estimated Contract Start D, 07/01/2022 Account Number: 110874 Payment Terms: N30 Delivery Method: Fedex - Ground 14403 Pacific Ave Baldwin Park Police Department CA Kyle Panasewicz Joshua Hendricks 14403 Pacific Ave 14403 Pacific Ave Phone: +14803294734 Phone: 626-960-1955 Baldwin Park, CA 91706-4226 Baldwin Park, CA 91706-4226 Email kylep@axon.com Email: jhendricks@baldwinpark.com USA USA Fax: (480) 905-2071 Fax: (626) 338-5545 Email: Quote Summary Discount Summary Payment Summary Page 1 Q-388466-44672.646KP Pricing All deliverables are detailed in Schedules section lower in 50118 INTERVIEW - MIC - WIRED (STANDARD MIC) 50298 INTERVIEW -CAMERA - OVERT DOME 50322 INTERVIEW - TOUCH PANEL PRO 74056 INTERVIEW -TOUCH PANEL WALL MOUNT 50294 INTERVIEW - SERVER - LITE A la Carte Software $743.05 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH $2,301.75 PANEL -PC) 50045 INTERVIEW - SOFTWARE - UNLMITED E.COM 1 STORAGE (PER CAMERA) 50039 INTERVIEW -SOFTWARE - CLIENT MAINTENANCE $5.17 (PER TOUCH PANEL -P 50041 INTERVIEW - SOFTWARE - STREAMING SERVER $1,662.38 LICENSE (PER SERVER) 50043 INTERVIEW - SOFTWARE - STREAMING SERVER 1 MAINTENANCE (PER SER A la Carte Services 1 $1,278.75 85170 _ INTERVIEW - SERVICE- STANDARD INSTALL AND 1 60 SETUP (PER ROOM) A la Carte Warranties 50448 EXT WARRANTY, INTERVIEW ROOM Quote Unbundled Price: Quote List Price: Quote Subtotal: $21,943.90 $21,943.90 $18,707.19 1 $196.50 $167.52 $167.52 $15.92 $183.44 1 $796.00 $678.59 $678.59 $64.46 $743.05 1 $2,700.00 $2,301.75 $2,301.75 $218.67 $2,520.42 1 $64.00 $54.56 $54.56 $5.17 $59.73 1 $1,950.00 $1,662.38 $1,662.38 $157.91 $1,820.29 1 $1,500.00 $1,278.75 $1,278.75 $121.51 $1,400.26 1 60 $99.00 $84.40 $5,063.85 $0.00 $5,063.85 1 60 $25.00 $21.31 $1,278.75 $0.00 $1,278.75 1 $1,750.00 $1,491.88 $1,491.88 $141.73 $1,633.61 1 60 $29.17 $24.87 $1,492.05 $0.00 $1,492.05 1 $2,500.00 $2,131.25 $2,131.25 $0.00 $2,131.25 1 60 $21.62 $18.43 $1,105.86 $0.00 $1,105.86 Page 2 Q-388466-44672.646KP Delivery Schedule Hardware Software Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL -PC) 1 07/01/2022 06/30/2027 A la Carte 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER 1 07/01!2022 06/30/2027 TOUCH PANEL -P A la Carte 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE 1 07/01/2022 06/30/2027 (PER SERVER) Ala Carte 50043 INTERVIEW - SOFTWARE - STREAMING SERVER 1 07/01/2022 06/30/2027 MAINTENANCE (PER SER A la Carte 50045 INTERVIEW - SOFTWARE - UNLMITED E.COM STORAGE (PER 1 07/01/2022 06/30/2027 CAMERA) Services BundleItem _ Description .. . QTY A la Carte 85170 INTERVIEW - SERVICE - STANDARD INSTALL AND SETUP (PER ROOM) 1 Warranties BundleItem _ Description QTY _ Estimated Start Date Estimated End Date A la Carte _ .......... 50448 EXT WARRANTY, INTERVIEW ROOM 1 07/01/2022 06/3012027 Page 3 Q-388466-44672.646KP Payment Details Page 4 Q-388466-44672.646KP 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 Master Services and Purchasing Agreement: ACEIP Axon Enterprise Inc. Sales Terms and Conditions 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 www.axon.coM/legal/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. 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. Page 5 Q-388466-44672.646KP Signature 4/21/2022 Page 6 Q-388466-44672.646KP January 1, 2022 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, |no.'mAxon brand products and Amon Evidence (Evidence.com) Data Management Solutions' Asole source justification exists because the following goods and services required tosatisfy the agency's needs are only manufactured and available for purchase from Axon Enterprise. Axon Digital Evidence Solution Description Axon Body 3 Video Camera (DVR) * Improved video quality with reduced motion blur and better low -light performance * K4u|ti-mioaudio—four built-in microphones * Wireless upload option * Gunshot detection and alerts * Streaming audio and video capability * "Find mycamera" feature * Verbal transcription with Axon Records (coming soon) * End-to-end encryption * Twelve-hour battery * Up to 120 -second buffering period to record footage before pressing record button Axon Flex 2Video Camera * Video playback onmobile devices inthe field via Bluetooth pairing ° Retina Low Light capability sensitive toless than 0.1 lux * Audio tones bualert user ofusage * Low SD, high SD, low HD, and high HDresolution (ountomizab|abythe agency) * Up to 120 -second buffering period to record footage before pressing record button * Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley nung|aaomounts available * 120 -degree diagonal field of view camera lens, 102 -degree horizontal field of view, and 55 -degree vertical Ua|d of view Axon Flex Controller ° 12+hours ofbattery operation per shift (even inrecording mode) * LED lights hoshow current battery level and operating mode * Haptic notification available * Tactical beveled button design for use inpocket * Compatible with Axon Signal technology Axon Air System * Purpose-built solution for law enforcement UAV programs * Supported applications oni(}Sand Android , Axon is also the sole developer and offeror of the Evidence.com data managementservices. Evidence.com is both a division of Axon and a data management product solution offered by Axon. Evidenoe.00mionot aseparate corporate entity. Axon Enfierpriae.|nc, Axon 3o|aSource LauarVons,i"n38 Poge1 AXON AN& • Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to 2 -minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143 -degree lens • Includes Axon Signal technology Axon Fleet 3 Camera • High-definition Dual -View Camera with panoramic field of view, 12x zoom, and Al processing for automatic license plate reader (ALPR) • High-definition Interior Camera with infrared illumination for back seat view in complete darkness • Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solid- state storage, and Signal inputs • Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event • Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more • Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com • Multi -cam playback, for reviewing up to four videos, including body -worn and in -car footage, at the same time • Fully integrated with Evidence.com services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on -officer cameras allows for multi -camera playback on Evidence.com. • Prioritized upload to Evidence.com of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA). • Best -in -class install times, wireless updates and quick remote troubleshooting • Optional Axon Aware live stream, alerts, and location updates for situational awareness • Optional Axon ALPR hotlist alerts, plate read retention, and investigative search Axon e p) ,�,ee, (wAx:c)V. Suk'.' &)L F Lotter Version 38 Page, 2 AXON AN& Axon Fleet 2 Camera • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on -officer cameras allows for multi -camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit • Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm. • Plug -And -Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras. Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) • Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor • Can be installed on common duty holsters • Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High-definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch -screen user interface • Motion -based activation • Up to 7 -minute pre- and post -event buffering period • Full hardware and software integration • Upload to Axon Evidence services • Interview room files can be managed under the same case umbrella as files from Axon on -officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and Axon e p n.!ee, (wAxono,,io Sa. up e L. €-LLor taonsion 38 P,�'ve 3 AXON AN& interview room video are managed as part of the same case in Axon Evidence • Dual integration of on -officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology • Sends a broadcast of status that compatible devices recognize when certain status changes are detected • Only compatible with TASER and Axon products Axon Dock • Automated docking station uploads to Axon Evidence services through Internet connection • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously • The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA -C22.2 N0.60950-1-07+AI:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre- defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types:.mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Axon Evidence via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256 -bit AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure Axon Eerp �,ee, hic., .,x.on S.l..Sfi:e'uroe Let!' ? Vension 38 Page, 4 AXON AN& • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category -based fields, create cases for multiple evidence files Axon Evidence for Prosecutors • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services • Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application • Free app for iOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Commander Services • On -premises data management platform • Chain of custody reports with extensive audit trail • Automated workflows, access control, storage, and retention • Compatible with multiple file formats Axon View Application • Free app for iOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time • Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data Axon Records • Continuously improving automated report writing by leveraging Al and ML on officer recorded video, photo, and audio from BWC, In -Car, Mobile App (Axon Capture), or other digital media • Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene • Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible • Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors AXON AN& • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos • Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence • Automatic association of digital evidence to the record and incident through Axon Evidence integration • In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system • Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access based on pre -defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards • Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups • Automated alerts • Compatible with digital documents, photos, and videos • Connection with Transcription (beta) • Shared Index with evidence.com and Records • Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools. Axon Ee p se, I wAxon „k. e 1,3uin;u LeitCr eC.ra_t.xn38_ Page, 6 AXON AN& • Workflow analytics to provide SLA on throughputs • Integration with the TASER 7 CEW for automatically pulling firing logs (alpha) • Available as an option for Axon Records • Automatically bundled with Officer Safety Plan 7+ Axon Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems Axon Auto -Transcribe • Transcribes audio to text, producing a time -synchronized transcript of incidents • Allows searches for keywords (e.g., names, and addresses) • Embedded time stamps when critical details were said and events occurred • Produce transcripts in substantially less time than with manual methods • Pull direct quotes and witness statements directly into reports Axon Support Engineer: • Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits • Solution and Process Guidance custom to your agency • White -Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis • Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance Axon Respond for Dispatch (CAD) • Integration with Axon Respond for Devices (Axon Body 3) for location and/or live streaming in CAD. • Integration with TASER 7 CEW devices for enhanced situational awareness. • Native ESRI based mapping with ability to connect to SSRI online communities and your agency's local ArcGIS data. • SaaS model reduces security and administration by local IT staff: no local installation • Robust API and SDK allows data to be easily ingested and pushed out to other systems -- preventing data silos. • Complete leveraging of Axon Evidence (evidence.com) sharing to allow fast, efficient, digital and secure sharing of data to DAs and Prosecutors. • Future versions/enhancements included with minimal down time and no need to purchase an upgrade to the latest version. • Native integration with Axon Records. • Reliability: Fault — and disaster — tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States. • Security Testing: Independent security firms perform in depth security and penetration testing. • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement. Axon ,... ";i:W. �) �.!e�-', I+ t .,m..n ,..,-....Source La ,'t4 , t., t....:oCl 38 Rage 7 AXON AN& Axon Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday—Friday 7:00 AM -5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48" (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 7. Universal Helmet Mount Model: 11548 8. Axon Air System with Axon Evidence (Evidence.com) 5 -Year License Model: 12332 9. Axon Body 2 Camera Model: 74001 10. Axon Body 2 Camera Mounts: • Axon RapidLock Velcro Mount Model: 74054 11. Axon Flex 2 Controller and Axon Body 2 Camera Mounts: • Z -Bracket, Men's, Axon RapidLock Model: 74018 • Z -Bracket, Women's Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4" (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6" (15.2 cm), Axon RapidLock Model: 74023 ° K4OLLEMount, Single, Axon RapidLnokModel: 11507 * yWOLLEMount, Double, Axon RapidLockModel: 11508 * Belt Clip Mount, Axon RapidLookModel: 115U0 12.Axon Fleet Camera * Axon Fleet 2Front Camera: 71079 * Axon Fleet 2Front Camera Mount: 71080 ~ Axon Fleet 2Rear Camera: 71081 * Axon Fleet 2Rear Camera Controller: 71082 ° Axon Fleet 2Rear Camera Controller Mount: 71083 ° Axon Fleet Battery System: 74O24 * Axon Fleet Bluetooth Dong|a: 74027 13.Axon Signal Unit Model: 70112 14.Axon Dock Models: * AxnnOook—|ndividua Bay and Core for Axon Flex 2 * Axon Dock —G-Bayand Core for Axon Flex 2 * Individual Bay for Axon Flex 2Model: 11G28 * Core (compatible with all Individual Bays and 6-Bayo)Model: 70027 ° Wall Mount Bracket Assembly for Axon Dock: 70033 ° Axon Dock — Individual Bay and Core for Axon Body 2and Axon Fleet Model 74O00 ° Axon Dock —0'Bayand Core for Axon Body 2and Axon Fleet Model 74O08 * Individual Bay for Axon Body 2and Axon Fleet Model: 74011 15.Axon Signal Performance Power Magazine (SPPK4)Model: 70110 Axon Product Packages 1. Officer Safety Plan: includes aCEVV Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers. 2. TASERAssurance Plan (7AP):Hardware extended coverage, Spare Products (for Axon cameras), and Upgrade Models, for the Axon Flex camera and controller, Axon Body camera, and Axon Dock. (The TAP is available only through Axon Enterprise, Inc.) SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY AXON BRAND PRODUCTS FOR AXON BRAND PRODUCTS Axon Enterprise, Inc. Axon Enterprise, Inc. 17800 N. 85t' Street, Scottsdale, AZ 85255 17800 N. 85 th Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local Axon sales representative nrcall uscd1 with any questions. Sincerely, �xunEmam�me.|ncAxunSu�Sou�m�euerve�mn38 Page AXON AN& 4�d-"e- JoshIsner Chief Revenue Officer Axon Enterprise, Inc. Android is a trademark of Google, Inc., Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, Pod Touch is a trademark of Apple Inc, DS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance. —4, &", AXON, Axon, Axon Evidence, Axon Flex, Axon InterviewFleet, X2, X26, TASER 7, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2020 Axon Enterprise, Inc. Axon Emerpn,�,.',e, liw, Ammn &-4e Lotter Vens�on 38 Page 10 5 Department of Justice O Office of Justice Programs Office of the Assistant Attorney General Washington, U.C. 20531 September 19, 2020 The Honorable Manuel Lozano City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706-4226 Dear Mayor Lozano: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Baldwin Park for an award under the OR funding opportunity entitled "JAG Local: Eligible Allocation Amounts of Less than $25,000." The approved award amount is $19,873. These funds are for the project entitled FY 20 Local JAG Program. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OR sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Baldwin Park accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Elaine Vanlandingham, Program Manager at (202) 305-0034; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdcj.gov. We look forward to working with you. Sincerely, Katharine T. Sullivan Principal Deputy Assistant Attorney General Encl. September 19, 2020 The Honorable Manuel Lozano City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706-4226 Dear Mayor Lozano: Department of Justice (DOJ) Office of Justice Programs Office of Civil Rights Washington, DC 20531 Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https:Hojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (ESOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the ESOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst 4 Department of Justice (DOJ) Office of Justice Programs PAGE 1 OF 30 Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2020 -DJ -BX -0258 City of Baldwin Park 14403 E. Pacific Avenue 5. PROJECT PERIOD: FROM 10/01/2019 TO 09/30/2021 Baldwin Park, CA 91706-4226 BUDGET PERIOD: FROM 10/01/2019 TO 09/30/2021 6. AWARD DATE 09/1.9/2020 8. SUPPLEMENT NUMBER 7. ACTION Initial 2a. GRANTEE IRS/VENDOR NO. 956005575 00 2b. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT $ 0 070207998 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 19,873 FY 20 Local JAG Program 11. TOTAL AWARD $ 19,873 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Katharine T. Sullivan Manuel Lozano Mayor Principal Deputy Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21, VDJUGT2938 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 19873 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements PAGE 2 OF 30 The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ('DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements PAGE 3 OF 30 The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UnifonnRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the `DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017,.various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 5. Required training for Point of Contact and all Financial Points of Contact PAGE 4 OF 30 Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 8. Requirements related to System for Award Management and Universal Identifier Requirements PAGE 5 OF 30 The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- PAGE 6 OF 30 A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both -- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confinnation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 7 OF 30 any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.13., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer agents can email E - Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information (PIT) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PIT to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 11. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https:Hojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award; association with federal government PAGE 8 OF 30 SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 9 OF 30 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide") 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 18. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 19. Effect of failure to address audit issues PAGE 10 OF 30 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 24. Restrictions on "lobbying" SPECIAL CONDITIONS PAGE I t OF 30 In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by --(1) online submission accessible via the OIG webpage at https:Hoig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters PAGE 12 OF 30 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 13 OF 30 The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 14 OF 30 31. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information -communication restriction." B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. LA of this condition) that would be reimbursed wholly or partly with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in par. LA of this condition, is in compliance with the award condition entitled "Noninterference (within the funded'program or activity') with federal law enforcement: information -communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. LA of this condition, may be subject to any information, communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient described in par. LA of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information - communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information - communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... information -communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... information - communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 15 OF 30 32. Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: information -communication restrictions; unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in paragraph LA of this condition) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph LA of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in paragraph LA of this condition, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient described in paragraph LA of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "infonnation-communication restriction" has the meaning set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ... information -communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 16 OF 30 33. Noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/frorn/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information - communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terns that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 17 OF 30 34. No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance 1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 4. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) "DHS" means the U.S. Department of Homeland Security. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 18 OF 30 35. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U. S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (.) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the tern "federal law-enforcement information" means law -enforcement -sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the tern "law -enforcement -sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: information -communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 19 OF 30 36. No use of funds to interfere with federal law enforcement: No public disclosure of certain law -enforcement -sensitive information SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U. S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could forin a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition-- (.) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the tern "federal law-enforcement information" means law -enforcement -sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the tern "law -enforcement -sensitive information" means records or information compiled for any law- enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: information -communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 20 OF 30 37. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement'; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I -247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 38. No use of funds to interfere with federal law enforcement: Notice of scheduled release PAGE 21 OF 30 SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government -contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government -contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. B. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I -247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. C. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 22 OF 30 39. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" funded (wholly or partly) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations --including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain" in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside" the U.S.--within the funded program or activity, no State or local government entity, -agency, or - official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien." (2) The term "juvenile offender" means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of - (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that - (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS PAGE 23 OF 30 (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d -4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 40. No use of funds to interfere with federal law enforcement: Interrogation of certain aliens PAGE 24 OF 30 SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government - contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means "criminal alien." (2) The term "juvenile offender" means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 USC 1227(a)(2), or (b) conduct described in 8 USC 1227(a)(4). (4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 USC 10251(a)(7)). (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) hat(a) is designed to prevent or to significantly delay or complicate, or OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS (b) has the effect of preventing or of significantly delaying or complicating. PAGE 25 OF 30 (7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe. (8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (9) "Program or activity" means what it means under 42 USC 2000d -4a. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 41. Requirement to collect certain information from subrecipients Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. 42. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 43. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 44. Use of program income SPECIAL CONDITIONS PAGE 26 OF 30 Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 45. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 46. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 47. Compliance with National Environmental Policy Act and related statutes PAGE 27 OF 30 Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an. incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 48. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 49. Prohibition on use of award funds for match under BVP program PAGE 28 OF 30 JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 50. Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 51. Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https:Hnij.gov/topics/technotogy/body-armor/Pages/compliant-ballistic-annor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 52. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 53. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF -425) and annual performance reports through OJP's GMS (https:/ / grants.cjp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 54. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 55. Expenditures prohibited without waiver PAGE 29 OF 30 No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 56. JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA] Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OR (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 57. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 58. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission fonn. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. OJP FORM 4000/2 (REV. 4-88) ... Department of Justice (DOJ) Office of Justice Programs x$41 Bureau of Justice Assistance PROJECT NUMBER 2020 -DJ -BX -0258 SPECIAL CONDITIONS 59. Initial period of performance; requests for extension PAGE 30 OF 30 The recipient understands that the initial period of performance for this award is two years. The recipient further understands that any requests for an extension of the period of performance for this award will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. 60. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as detennined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 61. Withholding of funds: NIBRS set-aside The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 62. Withholding of funds: Disclosure of lobbying The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF -LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. 63. Withholding of funds: Disclosure of pending applications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition. OJP FORM 4000/2 (REV. 4-88) Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Baldwin Park The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with. NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice (DOJ) GRANT MANAGER'S MEMORANDUM, PT. I: �Office of Justice Programs PROJECT SUMMARY fG� Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF 1 2020 -DJ -BX -0258 This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Elaine Vanlandingham Jorge Huerta (202) 305-0034 Lieutenant 14403 E. Pacific Avenue Baldwin Park, CA 91.706-4226 (626) 960-1955 ext.406 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) JAG Local: Eligible Allocation Amounts of Less than $25,000 4. TITLE OF PROJECT FY 20 Local JAG Program 5. NAME, & ADDRESS OF GRANTEE 6. NAME & ADRE,SS OF SUBGRANTEE City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706-4226 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2019 TO: 09/30/2021 FROM: 10/01/2019 TO: 09/30/2021 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 19,873 09/19/2020 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information OJP FORM 4000/2 (REV. 4-88) sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar u" BY: Mark Hsu, Information Systems Manager 4iRjiL m ° aLTW, A DATE: May 18, 2022 ""W3� SUBJECT: Approve a Proposal from GLOBAL CTI for the Purchase of A MITEL MIVOICE OFFICE Unified Communications System u►1_C 1 Staff seeks City Council approval for the purchase of a Mitel MiVoice Business Unified Communications System supporting the City as a single, geographically distributed solution onto City provided VMware hardware and software, for an amount of $182,370.19 which includes the Mitel hardware and software purchase, deployment services, and three years of maintenance and support. The purpose of the system is to replace the existing 17 -year-old Siemens PBX which was discontinued several years ago resulting in the unavailability of parts and technical support. RECOMMENDATION Staff recommends that the City Council: 1. Waive the formal bidding process for this purchase based on the City's exemption policy; and 2. Approve the proposal from GLOBAL CTI in the amount of $182,370.19 and authorize the Chief Executive Officer to purchase the replacement Mitel MiVoice Business System; and 3. Authorize the Director of Finance to make the necessary budget adjustments. FISCAL IMPACT There is no fiscal impact to the General Fund. The funds for this project were approved for Fiscal Year 2021-2022 Capital Improvement Program (CIP No. 22-002). Approved funds will come from the American Rescue Plan Act (ARPA), account number 275-10-764-58110-51002 in the amount of $182,370.19. BACKGROUND The City Information Technology Division has a practice of maintaining its telecommunications systems for a lifespan of 10 years, based on industry standards and practical observation. In addition, maintenance and support agreements are routinely established with manufacturers of mission critical equipment such as telephone systems to ensure optimal performance, long term reliability, and expeditious repair in the event of a failure. As a part of its information technology practices, the City typically upgrades and deploys hardware in a timeframe that keeps City equipment in a state of secure, reliable, and efficient performance. This practice helps to make sure that critical technology infrastructure is up to date with security -related improvements, functional product enhancements, and resilient to failure. Acquiring ongoing maintenance and support from the solution provider and manufacturer allows the City to best ensure reliable operations and respond quickly and efficiently to any failure that may arise. The existing 17 -year-old Siemens PBX telephone system is manufacturer discontinued resulting in the unavailability of system components and support. This puts the City at considerable risk. Should a critical component fail, taking the Siemens system out of service, it is unknown when service would be or if it could be restored. From a functionality standpoint, the existing Siemens PBX is antiquated. The connectivity technology it uses with public switched telephone network providers will soon be unsupported by providers including the City's current provider which has already provided an end of service date in the coming months. The City's Siemens PBX is also incapable of providing the unified communications services which the workforce has come to be expect, that enhance the efficiency of communications within the City and of serving residents. The Mitel MiVoice Business unified communications solution will bring together seamless voice, video, chat and messaging into a single platform, increasing the effectiveness of internal City communications and the ability to serve residents, regardless of where a staff member is located. The total cost of this purchase is $182,370.19 which includes the necessary Mitel hardware, software, telephones, cabling, supplemental network switches, paging equipment, deployment, configuration services, user training, three years maintenance and support and sales tax. Pricing for this purchase is based on the Global CTI contract number 022719 -MBS. City Policy provides for an exemption from formal bidding procedures when participating in established governmental cooperative purchasing programs such as the Global CTI agreement. LEGAL REVIEW City Attorney has reviewed the contract. ALTERNATIVES 1. The City Council may choose not to purchase this new unified communications system and keep using our current Siemens PBX. 2. Provide staff with alternate direction. ATTACHMENTS 1. Global CTI Agreement 2. 022719 -MBS — Sourcewell Formal Bidding Exemption Agreement Global CTI Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT ia made and entered into this 12 day ufMay 2O22 by and batmx*an the City ofBaldwin Park' ("City"), and Global CTI ("Consultant"). |nconsideration ofthe following mutual covenants, provisionsand agreements, and other valuable oonsiderabon, the receipt and sufficiency of which is hereby ooknow|edged. City and Consultant agree oafollows: 1. SCOPE OF SERVICES. Consultant agrees to pedbmo during the term of this Agreement, the taoko, ob|igaUuna, and earvioaa set forth in the ''Soupa of Services" attached to and incorporated into this Agreement as Duration of Scope of Services may be extended on a month-to-month basis but shall not exceed the total compensation. 2. COMPENSATION. City ahoU pay for the services performed by Consultant pursuant to the terms of this /\orenrnant at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in atimely manner in accordance with the professional standard practices: Global CTI provides services 8 hours per day, 5 days per week. Contract will take no more than O months for completion. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and materio|, at its sole expenae, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deamed, for all purpoeea, on independent contractor and oho|| have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as oresult ofservices performed hereunder. 8. ASSIGNMENT.This Agreement infor the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement toafinancial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. O. COMPLIANCE WITH LAW. Contract services shall beprovided inaccordance with the applicable |ovvs and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such |avva and ensuring that all aarvioaa provided hereunder conform to Global CTI Consultant Services Agreement Page 2 of 7 such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify;, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, Global CTI Consultant Services Agreement Page 3 of 7 agents nremployees shall beinexcess ofConsultants' insurance and not contributed with it. (3) The insurer shall provideotleast thirty (3O)days prior written notice io City ofcancellation mofany material change incoverage before such change or cancellation becomes effective. OF\ With respect to Workers' Compensation |naunanmy. the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard oho|| be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All ofthe documents required bxba prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all ona|yaio, oonnpuiabono, p|ana, correspondence and/or other pertinent data, infonmation, dooumanta, and computer media, including disks and other nnataha|n gathered or ppapon*d by Consultant in performance of this Agreement. Such work product shall be transmitted to City within tan (10) days after written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk ofCity and without liability toConsultant. 12. RECORDS AND INSPECTIONS. Consultant ehoU maintain full and accurate records with respect to all services and nootbera covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list ofkey personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with e complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the |ntanno| Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict orpotential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15.POLITICAL CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, offioer, or employee ofany governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, |omn, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity inbeing performed enapart ofthis Agreement. 10. RIGHT TO TERMINATE. City may terminate this Agreement atany time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph ^10^ufthis Agreement, City shall be |ioU|e to Consultant only for work performed by Consultant up to Global CTI Consultant Services Agreement Page 4 of 7 and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible forjob performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Global CTI Group, Inc. 5329 Office Center Court Suite #200 Bakersfield, CA 93309 (661) 323 7553 (B) City of Baldwin Park Att.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Global CTI Consultant Services Agreement Page 5 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: Mayor Dated: CONSULTANT: GLOBAL CTI By: Name/Title Dated: May 12, 2022 FurnIK9 (Rev. Cc!tober 2018) C ar1Tenikp1.t.h.?Tre-a..ry r:.o par In Intel Rare.c. S.J irs Service M Request for Taxpayer Identification Number and Certification MEEM required on this line; do not leave this line blank, Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to M following seven boxes. M certain entities, not individuals; see CL C instructions on page 3): 0 El Individual/sole proprietor or ED C Corporation 11 S Corporation ❑ Partnership El Trust/estate 0 single -member LLC C Exempt payee code (if ani ­ E] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnershlild Ill 0 :3 Jb Noi Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the I is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member ULC that code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. Ift (OD EJ Other (see instructions) Ill to $UCamfs xwiwoos Me U.S.) CL -i Address (number, �str as set, and apt, or suite hi �See instructions. Requester's name and address (optional) 8 PO Box 2028 U) -i City, —state, and Zi—Pcode —'--- Bakersfield, CA 93303 T-U.—taccount n6iWiserls) here —(optional} Enter your TIN in the appropriate box, The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN)° However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later, For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later, or Bull It the account is in more than one' name, see the instructions for line 1. Also see What Name and E9KP§=y.,:@:.­p­bf1lE.­­ti. ! rarrul Number To Give the Requester for guidelines on whose number to enter. F—T-1 F 7-----7 --7— Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (t) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or I the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, can ation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, yea p are not repairedsign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. III Signature of lire I U.S. Derson I General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form Val and its instructions, such as legislation enacted after they were published, go to weloolks.goolFormVIA), Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number I which may be your social security number (SSN), individual taxpayer identification number (ITINI adoption taxpayer identification number (ATINI or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following, * Form 1099 -INT (interest earned or paid) Date P. * Form 1099 -DIV (dividends, including those from stocks or mutual funds) e Form 1 099-MISC (various types of income, prizes, awards, or gross proceeds) 9 Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T Oultion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a 7710 you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev, 10-2018) F{ t t l + t 4 II tt 3 F ft u I �11(11111i��ii �ITI OM Business Name: Type of Company: Established: CA Entity ID Federal ID: Dun & Bradstreet CA Reseller Number CA Contractors C-7 Number SPIN# DIR Number Mailing Address: Physical Address: President: Global CTI Group, Inc. Corporation California, 2001 2334291/000 77-0568535 098295699 SR ARH 97-862891 815066 143016795 1000008172 PO Box 2028 Bakersfield, CA 93303 5329 Office Center Court, Ste 200 Bakersfield, CA 93309 David Kaiser Mailing Address: PO Box 2028, Bakersfield, CA 93303 www.gcti.com 800-366-1711 — Phone 661-323-0748 - Fax a Do mite[ City of Baldwin Park Exhibit A - Mitel - MiVoice Business `d Mitel Business Systems, Inc. Sourcewell Contract #022719 -MBS 2 54001627 1 NPUM Record A Call 0.00 0.00 3 54002701 12 MiVoice Business License -SINGLE LINE EXT 540.00 45.00 4 54004491 50 SIP TRUNKING CHANNEL PROXY 1,500.00 30.00 5 54004975 22 MiVoice Bus License - Enterprise User 2,310.00 105.00 6 54005330 1 Enterprise License Group 600.00 600.00 7 54005339 1 MiVoice Border Gateway Virtual 150.00 150.00 8 54005380 1 MiCClient Licnse - Peering Adv Server 0.00 0.00 9 54005381 1 MiCClient Licnse - Federation Adv Server 0.00 0.00 10 54005401 1 MiVoice Business SIP Trunks x50 2,400.00 2,400.00 11 54005442 1 MiCollab Virtual Appliance 597.00 597.00 12 54005611 1 MiCollab NPUM MiVBus Mailbox Licensesx50 900.00 900.00 13 54005968 1 MiVBus Enterprise SW for 3300 (no users) 897.00 897.00 14 54005970 1 MiVoice Bus Enterprise ISS SW (no users) 897.00 897.00 15 54006539 26 UCCv4.0 Entry User for MiVoice Bus x1 3,510.00 135.00 16 54006540 2 UCCv4.0 Entry User for MiVoice Bus x50 11,220.00 5,610.00 17 54006542 6 UCCv4.0 STND User for MiVoice Bus xl 1,170.00 195.00 18 54006543 1 UCCv4.0 STND User for MiVoice Bus x50 8,280.00 8,280.00 19 20 50004871 3 3300 ANALOG OPTION BOARD II 1,431.00 477.00 21 50006271 5 PWR CRD C13 10A 125V - NA Plug 52.50 10.50 22 50008230 1 EX Controller 8/12OG Dual PS 2,340.00 2,340.00 23 50008231 3 4 Port FXS for EX Cont. 558.00 186.00 24 50008232 2 4 Port FXO for EX Cont. 606.00 303.00 25 50008234 1 DSP card for EX Cont. 270.00 270.00 26 52002547 3 3300 CX Analog Survivable Branch Office 5,490.00 1,830.00 27 ®®► • . 28 50006767 161 6920 IP Phone 31,395.00 195.00 29 50006769 16 6930 IP Phone 4,329.60 270.60 30 50008271 6 6970 IP Conference Phone 3,268.80 544.80 31 50008301 18 6905 IP Phone 1,188.00 66.00 32 33 50006763 1 68xx/69xx Bluetooth Handset 114.00 114.00 34 35 50006266 3 3300 CX(i) II Controller SATA SSD 450.00 150.00 36 37 51303911 3 RFP 12 Single Cell Base Station (NA) 519.00 173.00 38 51303913 3 112 DECT Phone, Universal (w/Charger) 519.00 173.00 39 Analog Telephone 40 255400 -VBA -20M 1 Cortelco 2554 Basic Single -Line Wall Telephone (Black) 56.84 56.84 41 250000 -VBA -20M 2 Cortelco 2500 Basic Single -Line Desk Telephone (Black) 114.43 57.21 42 Switch Cable & Hardware Installation Hardware (Cables, Blocks, Connectors &Patch Cords for 43 MISC 4 Controllers.) 450.00 112.50 44 Valcom Paging Equipment 45 V-1036C-GY 2 Valcom 15 Watt Paging Horn 311.34 155.67 46 V -2003A 1 Valcom 3 Zone Paging Unit 402.25 402.25 47 VP -6124 1 24 Volt Power Supply - 6 Amp 294.80 294.80 Confidential 5/6/2022 Page 1 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Cable-MISC JL680A JL807A JL809A EN911-MMRC3H City of Baldwin Park Exhibit A - Mitel - MiVoice Business Mitel Business Svstems, Inc. Sourcewell Contract #022719 -MBS 1 Cat 6 cable materials 1 Aruba Instant On 1930 8G 2SFP Switch 5 Aruba Instant On 1960 24G 20p CL4 4p CL6 PoE 2XGT 2SFP+ 370W Switch 1 Aruba Instant On 1960 48G 40p CL4 8p CL6 PoE 2XGT 2SFP+ 60OW Switch 12 Enterprise 911 Service Minimum Monthly Charge - SMB - Up to 300 locations / 300 endpoints EN911-SMB3HS 1 ERS Account Setup Fee -SMB - Up to 300 locations / 300 endpoints * GCTI will assign a PM as single point of contact for coordination, planning, scheduling and task management. * GCTI Project Manager will compile and review the clients user details and all call flow requirements and will document this data collected for system programming * GCTI Project Team will install a CAT 6 drop between the IDF and MDF to support the extension of PRI's * GCTI Engineer will install, configure, test and ready all Mitel System components for cutover * This quote assumes the client will provide a network to support VoIP and PoE requirements * GCTI Project Team will deploy and provision all IP Phones prior to cutover and user training * GCTI Project Manager will deliver in-person User Training in a Classroom setting to ensure users are trained prior to cutover * GCTI Engineer, at cutover, will convert existing PRI's from the current system to SIP Trunks on the new Mitel System and test * GCTI Project Team will provide adequate manhour onsite for First Day of Business Help Desk and User support after cutover * GCTI will install a new Valcom PA system with cabling for 2 horns to support the Public Works Yard location 125.00 125.00 125.00 125.00 6,000.00 1,200.00 2,200.00 2,200.00 3,600.00 300.00 3,400.00 3,400.00 Equipment Material Total $101,181.55 Equipment Handling $320.00 Subtotal $101,501.55 Sales Tax will be applied at time of invoice. Estimated Sales Tax Rate: $9,642.65 9.500% 3 Year Mitel Support for Switches & Software $25,376.00 Intrado ERS - One Time Setup Fee $3,400.00 Installation / Pro -Services $42,450.00 Total Price $182,370.19 Confidential 5/6/2022 Page 2 I= City of Baldwin Park Exhibit A - Mitel - MiVoice Business `d Mitel Business Systems, Inc. Sourcewell Contract #022719 -MBS Proposal Date: May 6, 2022. This quote will remain valid until June 5, 2022. Enhanced Support Plan Sales Tax is based on currently stated Sales and Use Tax rates from the California Department of Tax and Fee Administration. Current state and district sales tax will be applied at time of invoice. Normal system shipping is 10 business days from time of contract signature. Additional shipping fees will apply for expedite shipping. Payment Terms: 50% - Net 30 upon signing, 40% - Net 30 upon delivery, and 10% - Net 30 upon final acceptance $91,185.10 $72,948.08 $18,237.02 Buyer's signature below indicates that you have read, understand, and agree with the Terms and Conditions stated on this Exhibit A as well as the following: - Itemized Products Above - Description of Professional Services Above - Payment Terms Above - Attached Exhibit M - List of itemized products covered by Software Assurance, Hardware Warranty, and/or Global CTI Support Buyer = City of Baldwin Park, This Exhibit A is an Agreement between Global CTI and Buyer. Authorized Contact: Emmanuel Estrada Authorized Signature: X Confidential 5/6/2022 Page 3 City of Baldwin Park Exhibit M - Equipment Covered Enhanced Support Plan 1 2 Covered 1 NPUM Record A Call 3 Covered 12 MiVoice Business License -SINGLE LINE EXT 4 Covered 50 SIP TRUNKING CHANNEL PROXY 5 Covered 22 MiVoice Bus License - Enterprise User 6 Covered 1 Enterprise License Group 7 Covered 1 MiVoice Border Gateway Virtual 8 Covered 1 MiCClient Licnse - Peering Adv Server 9 Covered 1 MiCClient Licnse - Federation Adv Server 10 Covered 1 MiVoice Business SIP Trunks x50 11 Covered 1 MiCollab Virtual Appliance 12 Covered 1 MiCollab NPUM MiVBus Mailbox Licensesx50 13 Covered 1 MiVBus Enterprise SW for 3300 (no users) 14 Covered 1 MiVoice Bus Enterprise ISS SW (no users) 15 Covered 26 UCCv4.0 Entry User for MiVoice Bus x1 16 Covered 2 UCCv4.0 Entry User for MiVoice Bus x50 17 Covered 6 UCCv4.0 STND User for MiVoice Bus xl 18 Covered 1 UCCv4.0 STND User for MiVoice Bus x50 19 20 Covered 3 3300 ANALOG OPTION BOARD II 21 Covered 5 PWR CRD C13 10A 125V - NA Plug 22 Covered 1 EX Controller 8/120G Dual PS 23 Covered 3 4 Port FXS for EX Cont. 24 Covered 2 4 Port FXO for EX Cont. 25 Covered 1 DSP card for EX Cont. 26 Covered 3 3300 CX Analog Survivable Branch Office 27 Not Covered 16 6930 IP Phone 28 Not Covered 6 6970 IP Conference Phone 29 Not Covered 18 6905 IP Phone 30 31 Not Covered 1 68xx/69xx Bluetooth Handset 32 Not Covered 161 6920 IP Phone 33 34 EN911-SMB3HS 1 ERS Account Setup Fee -SMB - Up to 300 locations / 300 endpoints 35 Confidential 5/6/2022 Page 1 Global CTI Schedule f Services — EnhancedMitel Support This Agreement is by and between Global CTI Group, Inc., a California corporation ("we", "us", or "Global"), and the person or entity signing below as a Buyer ("you" or "Buyer") and is made and entered into as of the latest date shown in the signature blocks below (the "Effective Date"). This Agreement sets forth the terms and conditions upon which Global will provide services (the "Services") to Buyer. 1) Definitions a) Normal Business Hours: 8:00 a.m. to 5:00 p.m. PST — Monday thru Friday, excluding Holidays. b) After -Hours: All hours not included in Normal Business Hours. c) Business Day: Monday through Friday inclusive, excluding holidays. d) Holidays: Global observes the following calendar days in the United States as holidays; New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day following Thanksgiving Day and Christmas Day. Global may designate two additional holidays each year. e) System: As referenced in Schedule M. f) Time of Coverage: As referenced in Exhibits. g) TAC: Defined as Technical Assistance Center. May also be referenced to as Client Care or NOC (Network Operations Center). h) Authorized Contacts. Buyer employee approved to request service with Global. i) Professional Services: Labor performed by Global to complete a task. 2) Term and Termination. a) Term. The initial term of this Agreement will commence on the date product is first shipped to Buyer. i) Additions to the term shall be prorated to end per the initial commencement of this Agreement. b) Renewal. At the end of the initial term, this Agreement will auto renew unless cancelled in writing by Buyer. Renewal price shall be based on Global's then price for the current applicable Support plan. c) Termination. Either party may terminate this Agreement upon 30 days' prior written notice from the end date of the initial term. If Buyer terminates contract prior to the end date of initial term, all prepaid payments are forfeited. If a multi-year contract is cancelled before the end of the term any discounts applied will be billed to Buyer. 3) Pricing and Payment Terms a) Price. Unless otherwise agreed by Global and Buyer in writing, pricing for the Support plan is based on pricing set forth on the Exhibit M. b) Add -On Purchases. Support for all add-on purchases will be billed at the time of shipment, pro -rated for the remaining term, and at the rate on Global's then current price list for the current Support plan. All applicable taxes, if any, will be billed at the time Support Charges are invoiced. c) Payments. Terms are net ten (10) days. Accounts thirty (30) days past due will be subject to a monthly charge at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum legal rate permitted under the applicable law. 4) Services: a) This Agreement covers services for equipment and material specified on Schedule M, only. i) IP Phones are not covered unless otherwise specified on the Schedule M. ii) Mitel Switch equipment replacement is Next Business Day. iii) Onsite labor for replacement of defective hardware is included. (1) Travel charges will be billed for locations not within 50 miles of the following California metro areas: City of Fresno, City of Visalia, City of Bakersfield, City of Los Angeles, City of Irvine, City of Corona. Travel charges will be invoiced at standard hourly charge. b) Mitel system software updates are included in this Agreement. i) This Agreement includes remote labor to upgrade the Director Application software, Remote (DVS) Application software, SG/ST Switches, Phones and confirm and test functionality after the upgrade is performed. Communicator/Connect Client upgrades per workstation will be performed by the Buyer with instruction and guidance from GLOBAL. A qualified Buyer representative is required to be on-site during the entire remote upgrade process. This upgrade does NOT include Server Operating System upgrades, server hardware upgrades, or migration onto another server (Physical or Virtual). Remote labor for one remote upgrade per year is included in GLOBAL's annual Enhanced Support Agreement. If the upgrade is required due to a service affecting situation, then there is no labor charged for the upgrade and it does not count towards the one remote upgrade. If the upgrade requires on site assistance due to service affecting problems caused by the upgrade, there is no charge for onsite labor. To protect the Buyer from downtime, GLOBAL reserves the right to determine which Mitel (Operating System) will be installed for the yearly upgrade. If Buyer insists on upgrading to a different software release not approved by GLOBAL, then the Buyer acknowledges that they will be invoiced for any additional labor expended solving issues caused by the "Not Yet Approved Software". Global is responsible for procurement of Mitel Software Assurance and will purchase when and if necessary. c) Remote Professional Services to troubleshoot system issues are included for covered equipment. d) All on-site Professional Services will be invoiced per applicable hourly rates. e) Professional Services provided by Global to work on equipment not covered by this Agreement will be invoices per applicable hourly rates. f) Support performed during After -Hours is subject to charges. g) This Agreement includes replacement of defective Mitel IP Phone Handsets, Handset Cords, and Ethernet Patch Cords. i) Ethernet Patch Cords replacements cannot exceed 10 per year. h) Remote Troubleshooting Support and Support for Down Systems after hours is included. i) Microsoft Windows Operating System Maintenance—Connect Director is included i) Includes required Microsoft Windows Updates and Patches per Mitel's technical specification and recommendations. Offsite backup of Connect Director is included. ii) GLOBAL will back-up and store Buyers Connect Director database folder as installed or upon agreement at a centrally secure storage location in the GLOBAL NOC. GLOBAL Amigo Client is required. This procedure is executed twice monthly on the 15th and end of the month. Global reserves the right to change the dates of monthly backups. j) Additional Web -based Administration and End User Training is included. k) 24 X 7 Monitoring is included. i) Global will provide monitoring of Connect Director Servers and Connect Switches via Global's AMIGO Managed Services. Monitoring requires remote internet connectivity of the AMIGO Client Application between the Buyer's locations and Global's NOC. Buyers firewall and /or routers will be required to allow AMIGO to notify and be accessed by Global's NOC to perform Monitoring. During Non -Business Hours the Global NOC will notify a person designated by Buyer via email of a system outage. The Buyer's representative will have an option to call the emergency on-call phone number for a Global technician. Please note: There may be instances where the Global NOC will not receive signals of a downed system. For example, with some SIP Trunking, the carrier runs software that does not provide a downed system signal and therefore Global's AMIGO service will not be able to detect the system as down. Global will provide every effort to notify Buyer of downed carrier service but please note that this Agreement does not cover carrier services and therefore Global cannot be held liable for downed carrier service. 5) Service Level Agreement (SLA) 6) Emergency 911 Dialing: The Mitel system has the capability of deploying various Mobility, Softphones, VPN phones, and Remote Sites. Public Safety considerations have to be considered when 911 emergency dialing is made from these devices and environments. a) Remote Mobility, Softphones, and VPN phones: These devices obtain dial tone from the Headquarters Mitel system. With that said, if a user dials emergency services (911) via these devices, the 911 Public Safety Answering Point (PSAP) will recognize the caller -ID as the Headquarters main address and NOT the remote user's location. It is not recommended that these devices be used for dialing 911 emergency services since they are not physically located at the Headquarters address. b) Remote Sites: Remote Sites may or may not have local Public Switched Telephone Network (PSTN) circuits deployed at their location. It is highly recommended that a local backup PSTN circuit be deployed for dialing 911 emergency services. In the event the Remote Site does not have a local backup circuit, the user calling 911 emergency services would have to notify the PSAP of their address of the emergency. Remote Sites without local PSTN will obtain dial tone from the Headquarters system of the main address and NOT of their local address. c) Data Center where all the PSTN circuits are installed: With the ability of deploying the Mitel system within a Data Center environment, it is highly recommended that local PSTN circuits be installed on the local premise for dialing 911 emergency services. With all the PSTN circuits residing in a Data Center, the user calling 911 emergency services would have to notify the PSAP of their address of the emergency. 7) Server Warranty & Maintenance: (1) Server warranty is provided by the server manufacturer. Servers provided by Mitel as a SBE (Small Business Addition) bundle or DVS are manufactured by Dell. By default, Global servers are provided by Dell unless other manufacturer is specified by client. If another server manufacturer such as HP, etc., then that server will be cover by said server manufacturer. Dell servers come with 3 year Basic hardware only warranty support. Local business hours only Next Business Day (5 x 10). SATA hard drives are only covered for 1 year regardless the length of contract. Global maintenance does not add additional server coverage other than what is provided by the server manufacturer. Dell Servers are covered by Dell's 3 -year warranty and should Buyer wish to p'rol;rrieiary & Confidential Page 2 of 5 extend this warranty at the end of the 3 -years it is Buyer's responsibility to contact Dell to obtain quotes for to extend this service. Note: Exception to above, The Mite) SBE -100 UC Server 20/25 is covered under Mitel Support plan by Mitel. 8) Travel Expenses: Travel charges may apply for onsite labor required to service System outside a 50 mile radius of the following metro areas: City of Fresno, City of Visalia, City of Bakersfield, City of Los Angeles, and City of Irvine. Travel shall be invoiced at applicable hourly rates. 9) Third Party Product Issues: In the event that product issues assigned to Global are ultimately defined as third party issues or equipment not covered in the Schedule M, Buyer may be charged an appropriate hourly rate from Global's then current price list for Global's efforts. 10) Time of Coverage: Unless otherwise agreed to in writing and signed by Global and Buyer, the period of support hours are defined as Normal Business Hours. 11) Hardware Updates: In the event Mitel deems it necessary to issue critical Engineering Change Orders, ("ECO's"), Buyer will receive a replacement Mitel switch with those ECO's installed during the term of the agreement. The installation of replacement Mitel switches is not included as part of Basic Support Plan and is the responsibility of the Buyer 12) No Installation or Delay: The Buyer may elect to not install or to delay the installation of Connect System software or ShoreGear updates. If the Buyer elects not to install two successive updates of either hardware or software, Buyer will be subject to an update charge or may incur additional charges for support due to the additional costs associated with supporting older versions of the product. 13) Buyer Responsibilities: a) Authorized Contacts: Buyer shall designate specific Authorized Contacts. Buyer shall maintain the responsibility of notifying Global's TAC via written request in the event changes to the Buyer's previously designated Authorized Contacts are required. b) On Site Contacts: In situations in which the Buyer has multiple locations, Buyer shall provide at least one individual per location to work with Global personnel to resolve cases if initial efforts to resolve the incident with the Buyer are unsuccessful. These contacts can be system administrators and/or trainers that have received training. c) Latest Release: Buyer shall maintain all Mitel hardware and software within two versions of current release level including equipment held as replacement parts. Installation of new software and hardware is the Buyer's responsibility and will be installed in accordance with Mitel's specifications. Installation support for subsequent hardware and software purchases and/or releases are available and are priced separately. d) Remote Access: Buyer shall provide Global with remote access to Buyer's network. Global reserves the right to remotely access Buyer's system to a) review the final installation for quality assurance purposes, b) provide remote installation support, c) provide troubleshooting and support tasks, and/or d) for system auditing and license compliance reviews. If Buyer does not elect to provide remote access, Global shall charge Buyer fees for on-site access in accordance with Global's then -current price list. e) Onsite Access: Global may utilize certain items of Buyer's equipment and may gain access to certain Buyer facilities. Buyer retains title and ownership in all of Buyer's equipment owned by Buyer and utilized by Global, and must grant authority for Global to access Buyer's facility. Facility access may be denied for any reason at any time, however if access to facilities is denied, Buyer understands that Global may be unable to perform their duties adequately and if such a situation should exist, Global will be held harmless. f) Maintenance of Facilities: Buyer shall maintain the switch room, cable plant, Mitel server, including software updates, Buyer PC's, LAN/WAN equipment, telephone sets, and all other third party products or applications. Buyer shall keep the equipment in good working condition and shall provide proper site environment as defined in the product documentation during the continuance of this Agreement. Consumable items such as batteries, wall mount kits and line cords are not covered under this Agreement. Buyer shall maintain all Mitel hardware and software within two versions of current release level including replacement equipment held as replacement parts g) System Care: Buyer shall maintain the switch room cable plant, Mitel server, Buyer PC's, LAN/WAN equipment, telephone sets, and all other third party products or applications in good working condition and shall provide proper site environment as defined in the product documentation during the continuance of this Agreement. Buyer shall maintain all Mitel hardware and software within two versions of current release level including Mitel equipment held as replacement parts. Consumable items such as batteries, wall mount kits and line cords are not covered under this Agreement. 14) Confidentiality and Solicitation of Employees: a) Global recognizes that in the course of performing Services, it may have access to confidential and proprietary information, and trade secrets concerning Buyer's business and operations, (collectively referred to as "Confidential Information"). Global recognizes that disclosure of the Confidential Information to competitors, non -authorized third parties, or the general public would be detrimental to the Company. Accordingly, Global covenants and agrees with Buyer that it will keep secret and treat confidentially the Confidential Information, and will not disclose any of the Confidential Information to any person or entity nor shall we use the Confidential Information for any purpose other than purposes which serve Buyer. b) SOLICITATION OF EMPLOYEES: Buyer acknowledges that Global is involved in a highly strategic and competitive business. Buyer further acknowledges that Buyer would gain substantial benefit and that Global would be deprived of such benefit, if Buyer were to directly hire I roipneetnry & Co fidendal Page 3 of 5 any personnel employed by Global. Except as otherwise provided by law, Buyer shall not, without the prior written consent of Global, solicit the employment of Global personnel or induce any Global personnel to leave to go to another firm during the term of this Agreement and for a period of two (2) years following the termination or expiration of this Agreement. Buyer agrees that damages to Global resulting from breach by Buyer of this provision would be impracticable and that it would be extremely difficult to ascertain the actual amount of damages. Therefore, in the event Buyer violates this provision, Buyer shall immediately pay Global an amount equal to US $100,000 as liquidated damages and Global shall have the option to terminate this Agreement without further notice or liability to Buyer. The amount of the liquidated damages reflected herein is not intended as a penalty and is reasonably calculated based upon the projected costs Global would incur to identify, recruit, hire and train suitable replacements for such personnel. 15) Miscellaneous a) Governing Law: The laws of the United States and the State of California, without reference to conflict of law principles govern this Agreement. Any dispute between the Buyer and Mitel regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the State of California. b) Entire Agreement; Severability. This Agreement is the entire agreement between Buyer and Global with respect to support services provided by Global and supersedes any other verbal or written communications or advertising. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. c) Force Majeure: Global is not liable for any failure or delay in performance due to any cause beyond its control. In any event, if Global's ability to deliver services is impaired by Buyer or circumstances beyond Global's control, Global may terminate this Agreement, in which event, Buyer will receive a refund for any unused portion of the service term for which it had paid. 16) Equipment Warranty: a) Global hereby warrants the equipment defined in the Schedule M against defective parts and workmanship. Global shall use its reasonable, best efforts to provide the support services defined in this Agreement and warrants that such services shall be performed in a professional manner. Global will make available a list of supported hardware platforms, operating systems, database versions, and other third party software products for covered equipment and this warranty covers only the configurations set forth in the Schedule M. This warranty is contingent upon Buyer's adherence to these supported configurations and following the proper installation and support practices and procedures in which the System was intended. Global's obligations for breach of any warranty shall be limited to compliance with applicable Exhibit/Schedule which shall be Buyer's exclusive remedy and Global will not be liable for consequential damages, personal injury, commercial loss or any other matter. All warranties shall be void as to equipment damaged or rendered unserviceable by negligence, misuse, theft, fire, water, electrical power surges, electrical power outages, or acts of God. All warranties shall be void as to equipment stolen or damaged by wiring, repair, relocation or alteration not authorized by Global. b) EXCEPT AS EXPRESSLY PROVIDED FOR THIS AGREEMENT, Global MAKES NO WARRANTIES WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND Global SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTY OR CONDITION OF MERHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. IN THE EVENT Global BREACHES ANY WARRANTY, BUYER'S EXCLUSIVE REMEDYWILL BE FOR Global TO MAKE ANY NECESSARY EQUIPMENT ADJUSTMENTS, REPAIRS OR PARTS REPALCEMENTS. 17) LIMITATION OF LIABILITY: a) IN NO EVENT SHALL GLOBAL'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO ITS SUPPORT PLAN OR THIS AGREEMENT EXCEED THE AMOUNT PAID TO Global BY Buyer FOR THE SERVICES GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL Global BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, UNAUTHORIZED CALLS THAT MAY BE MADE USING THE SYSTEM AND CHARGED TO THE Buyer, ANY TELEPHONE TOLL FRAUD, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. Global SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS, DAMAGE OR EXPENSE, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING FROM (1) BUYER'S USE OF OR INABILITY TO USE THE EQUIPMENT, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT, (2) PERSONAL INJURY, LOSS OR DESTRCUTION OF OTHER PROPERTY OR (3) ROUTING OR PROGRAMMING ERRORS OR UNAUTHORIZED TRESPASS OF PROGRAMMING, SOFTWARE AND/OR EQUIPMENT. Global SHALL NOT BE RESPONSIBLE FOR THE PROCUREMENT OF, OR PAYMENT FOR, ANY LICENSES REQUIRED AS A RESULT OF THE USE OF COPYRIGHTED MUSIC ON THE EQUIPMENT. ADDITIONALLY, Global SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY CHARGES OWED BY BUYER TO ANY COMPANY (1) FOR TERMINATION OF OR FAILURE TO TERMINATE PRE-EXISTING AGREEMENTS OR FOR REMOVAL OF EXISTING EQUIPMENT OR (2) FOR MODEM LINES AND/OR CARRIER SERVICES. THE PARTIES ACKNOWLEDGE THAT THE SUPPORT CHARGES WERE DETERMINED BASED UPON THE FOREGOING LIMITATION OF LIABILITY. I roipneetery & Confdendal Flage 4 of 5 By signing below, you acknowledge and agree that, prior to signing, you read the entire Agreement, consulted with legal counsel of your choice (or had the opportunity u,consult with legal counsel of your choice but declined to do so), you are authorized to enter such agreement, and you are willfully bound bvall the terms and conditions set forth inthis Agreement. Further, bvour signature below, welikewise agree tnbelegally bound bvthe Agreement and bvall the terms and conditions set forth init. "Buyer" Signature Emmanuel /�� `_��[���U�.^_�TF���,.".aVo[ PrintedNanoe/Tde Propheta,y & QonMdexUa| Global CTI Group, Inc. Signature John Richardson / VP of Sales Printed Name/Title 05/06/2022 Page 5 of 5 MASTER SERVICES AGREEMENT GLOBAL CTI GROUP, INC. Customer Global CTI Group, Inc. Legal Name: City of Baldwin Park Business Name (if different): Global CTI Group, Inc. Address for Official Notices 5329 Office Center Ct. 14403 E Pacific Avenue Suite 200 Baldwin Park, CA 91706 Bakersfield, CA 93309 Company Contact Authorized Contact Name: John Richardson Name: Emmanuel Estrada Title: VP of Sales Title: Mayor Email: jrichardson@gcti.com Email: eestrada@baldwinpark.com Telephone: (661) 716-3701 Telephone: (626) 337-2965 TH8MA3TERSERVCEAGREEK4ENT|5ENTEREDBYANDBETVVEENTHE"BUYER"ANDTHE"VENDOR"L8TEDBELOVV BUYER ACKNOWLEDGES, UNDERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY ATTACHEMENTS HERETO. AFACSIMILE OFTHIS DOCUMENT |3VALID AND BINDING. VENDOR: GLOBAL CTI GROUP, John Richardson Print Name: \/[z of Sales Title: Date: 05/06/2022 BUYER: City DfBaldwin Park Signature: Print Name: Emmanuel Estrada Title: Mayor O5/Q6/2O22 Master Service Agreement Global CTI Group Inc., a California Corporation hereinto referred to as the "Vendor" and City of Baldwin Park hereinto referred to as "Buyer" agree as follows: 1. Definitions a. Normal Business Hours: 8:00 a.m. to 5:00 p.m. PST — Monday thru Friday, excluding Holidays. b. After -Hours: All hours not included in Normal Business Hours. C. Business Day: Monday through Friday inclusive, excluding holidays. d. Next Business Dav: Next Business Day following acknowledgement by Vendor of defect. e. Holidays: Vendor observes the following calendar days in the United States as holidays; New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day following Thanksgiving Day and Christmas Day. Vendor may designate two additional holidays each year. f. On -Hours: 8:00 a.m. to 5:00 p.m. Monday through Friday. g. Product: the product as described in Schedule A. h. System: As referenced in Exhibits and Schedule M. i. Time of Coverage: As referenced in Exhibits. j. Professional Services: Labor. k. TAC: Defined as Technical Assistance Center. May also be referenced to as Client Care or NOC (Network Operations Center). I. Exhibits: • Schedule A: Itemized list of equipment purchased by Buyer, including any applicable terms. • Schedule M: Itemized list of equipment covered under this Agreement, including any applicable terms. • Schedule of Services: Describes services covered under a support contract. • Scope of Work (SOW): Describes work to be performed by Global for Professional Services purchased by Buyer. 2. Support a. Authorized Contacts. GCTI Support provides authorization for specific Buyer employees to engage Vendor's TAC. Authorized Contacts may contact the TAC by sending e-mail, by telephone, or by web chat. b. Third Party Product Issues. In the event that product issues assigned to Vendor are ultimately determined by Vendor to be outside the scope of Schedule M, the Buyer may be charged an appropriate hourly rate from Vendor's then current price list for Vendor's services. C. Telephone Support, E -Mail Support, and Web Chat Support. Available as referenced in Exhibits. d. Response Standards and Service Level Agreement (SLAs). Response Standards and Service Level Agreements define the level of support that can be expected by Buyer. Page 1 1 Vendor commitments surrounding these Response Standards and SLAB are referenced in Exhibits. 3. Buyer Responsibilities a. Authorized Contacts. Buyer shall designate specific Authorized Contacts. Buyer shall maintain the responsibility of notifying Vendor's TAC via written request in the event changes to the Buyer's previously designated Authorized Contacts are required. b. On Site Contacts. In situations in which the Buyer has multiple locations, Buyer shall provide at least one individual per location to work with Vendor personnel to resolve questions if initial efforts to resolve Buyer's questions are unsuccessful. These contacts can be system administrators and/or trainers that have received training. C. Access. Vendor reserves the right to remotely access Buyer's system to a) review the final installation for quality assurance purposes, b) provide remote installation support, and/or c) for system auditing and license compliance reviews. If Buyer does not elect to provide remote access, Vendor shall charge Buyer fees for on-site access in accordance with Vendor's then -current price list. d. Add -On Purchases. Support for all add-on purchases will be billed at the time of shipment, pro -rated for the remaining term, and at the rate on Vendor's then current price list for the current Support plan. All applicable taxes, if any, will be billed at the time Support Charges are invoiced. e. Payments. Terms are net ten (10) days. Accounts thirty (30) days past due will be subject to a monthly charge at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum legal rate permitted under the applicable law. f. Buyer shall obtain or prepare the location within the telephone equipment room for installation of any equipment. It must be relatively dust free with an ambient temperature not to exceed 104 degrees Fahrenheit. Buyer shall provide at the location indicated for installation of the Equipment a 20 Amp. 110 -volt commercial A.C. outlet within 8 feet of placement of the equipment to be used exclusively by Vendor. Vendor and Buyer shall cooperate fully in making the premises available and ready for installation of the equipment and in completing such installation. Vendor will inform Buyer of all requirements for proper installation and will provide Buyer (at a minimum of 30 -days) notice of such requirements. Buyer shall supply, at its sole cost, all supplemental equipment necessary for the installation such as conduits, boxes, high voltage wiring and outlets. Personnel of the Vendor or Vendor representatives shall have access to Buyer's premises at any reasonable time for the purpose of installing, inspecting, servicing or repairing equipment. 4. Term and Termination. a. Term. The initial term of this Agreement will commence on the date product is first shipped to Buyer. b. Additions to the System shall be prorated to end per the initial term of this Agreement. C. Renewal. At the end of the initial term, this Agreement will automatically renew unless cancelled in writing by Buyer or Vendor. Renewal price shall be based on Vendor's then price for the current applicable Support plan. d. Termination. Either party may terminate this Agreement upon 30 days' prior written notice from the end date of the initial term. If Buyer terminates contract prior to the end Page 12 date of initial term, all prepaid payments are forfeited. If a multi-year contract is cancelled before the end of the term, any discounts applied will be billed to Buyer. 5. Pricing and Payment Terms a. Price. Unless otherwise agreed by Vendor and Buyer in writing, pricing for the Support plan is based on pricing set forth on Schedule M. b. Add -On Purchases. Support for all add-on purchases will be billed at the time of shipment, pro -rated for the remaining term, and at the rate on Vendor's then current price list for the current Support plan. All applicable taxes, if any, will be billed at the time Support Charges are invoiced. 6. Limited Service Warranty. a. Vendor shall use its reasonable, best efforts to provide the support services defined in this Agreement and warrants that such services shall be performed in a professional manner. Vendor will make available a list of supported hardware platforms, operating systems, database versions, and other third party software products for covered equipment, and this warranty covers only the configurations set forth in the Schedule M. This warranty is contingent upon Buyer's adherence to these supported configurations and following the proper installation and support practices and procedures in which the System was intended. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, SELLER MAKES NO WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. 7. Miscellaneous a. Governing Law. The laws of the United States and the State of California, without reference to conflict of law principles govern this Agreement. Any dispute between the Client and ShoreTel regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the State of California. b. Entire Agreement; Severability. This Agreement is the entire agreement between Buyer and Vendor with respect to support services provided by Vendor and supersedes any other verbal or written communications or advertising. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. C. Force Majeure. Neither party shall be liable for any failure or delay in performance due to any cause beyond its control. In any event, if Vendor's ability to deliver services is impaired by Buyer or circumstances beyond Vendor's control, Vendor may terminate this Agreement, in which event; Buyer will receive a refund for any unused portion of the service term for which it had paid. 8. Limited Equipment Warranty: Vendor hereby warrants the equipment defined in the Schedule M against defective parts and workmanship as defined in the applicable Exhibit. Vendor's obligations for breach of any warranty shall be limited to compliance with applicable Exhibit which shall be Buyer's exclusive remedy and Vendor will not be liable for consequential damages, personal injury, commercial loss or any other matter. All warranties shall be void as to equipment damaged or rendered unserviceable by Page 13 negligence, misuse, theft, fire, water, electrical power surges, electrical power outages, or acts of God. All warranties shall be void as to equipment stolen or damaged by wiring, repair, relocation or alteration not authorized by Vendor. EXCEPT AS EXPRESSLY PROVIDED FOR THIS AGREEMENT, VENDOR MAKES NO WARRANTIES WITH RESPECT TO THE EQUIPMENT, EITHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT VENDOR BREACHES ANY WARRANTY, BUYER'S EXCLUSIVE REMEDY WILL BE FOR VENDOR TO MAKE ANY NECESSARY EQUIPMENT ADJUSTMENTS, REPAIRS OR PARTS REPALCEMENTS. 9. LIMITATION OF LIABILITY: IN NO EVENT SHALL SELLER'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO ITS SUPPORT PLAN OR THIS AGREEMENT EXCEED THE AMOUNT PAID TO SELLER BY CLIENT FOR THE SERVICES GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL SELLER BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, UNAUTHORIZED CALLS THAT MAY BE MADE USING THE SYSTEM AND CHARGED TO THE CLIENT, ANY TELEPHONE TOLL FRAUD, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. VENDOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS, DAMAGE OR EXPENSE, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING FROM (1) BUYER'S USE OF OR INABILITY TO USE THE EQUIPMENT, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT, (2) PERSONAL INJURY, LOSS OR DESTRCUTION OF OTHER PROPERTY OR (3) ROUTING OR PROGRAMMING ERRORS OR UNAUTHORIZED TRESPASS OF PROGRAMMING, SOFTWARE AND/OR EQUIPMENT. VENDOR SHALL NOT BE RESPONSIBLE FOR THE PROCUREMENT OF, OR PAYMENT FOR, ANY LICENSES REQUIRED AS A RESULT OF THE USE OF COPYRIGHTED MUSIC ON THE EQUIPMENT. ADDITIONALLY, VENDOR SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY CHARGES OWED BY BUYER TO ANY COMPANY (1) FOR TERMINATION OF OR FAILURE TO TERMINATE PRE-EXISTING AGREEMENTS OR FOR REMOVAL OF EXISTING EQUIPMENT OR (2) FOR MODEM LINES AND/OR CARRIER SERVICES. THE PARTIES ACKNOWLEDGE THAT THE SUPPORT CHARGES WERE DETERMINED BASED UPON THE FOREGOING LIMITATION OF LIABILITY. 10. CONTROLLING DOCUMENTS: This Agreement shall become effective and binding upon Buyer and Vendor only upon approval, acceptance and execution hereof by Vendor. This Agreement contains the entire agreement between parties with respect to the subject matter hereof, and supersedes all prior discussions or agreements between the parties, whether oral or written. Vendor is not bound by representations or inducements not set forth herein. 11. DEFAULT and DELAYS: If any payments due from Buyer to Vendor, shall not be paid promptly when due, or if Buyer breaches any other provision hereof, Buyer shall be in default hereunder. Upon default hereof by Buyer, Vendor, may accelerate payment of all or part of the amount unpaid hereon and as permitted by law (1) sue for the same, or (2) repossess the equipment and (a) retain it and all payments in satisfaction of the balance or (b) sell it and pay any surplus to the extent not prohibited by law to recover any deficiency from Buyer. All remedies of Vendor hereunder shall be cumulative and no remedy provided for hereunder shall be exclusive. With payment terms set at 50% at Page 14 contract signing, 40% is due upon equipment delivery with the remaining 10% due upon acceptance. If for any reason the installation date is delayed due to Buyer choice, 40% is still due upon original equipment delivery date. If for any reason the acceptance is delayed due to Buyer choice, Buyer agrees to pay the final 10%. If delay is due to Vendor, the 40% payment will not be required until rescheduled equipment delivery and the 10% payment will not be due until acceptance. Any payment which has not been made pursuant to this Agreement will be subject to interest charges. Buyer will pay Vendor, a finance charge on the unpaid balance at the rate of eighteen (18) percent per annum, one and one-half (1 1/2) percent monthly. The finance charge shall commence after the initial default of a scheduled payment. (Computed daily) 12. SECURITY INTEREST: The equipment described herein and any and all additional Equipment acquired by Buyer shall be security for the full payment of the purchase price provided for herein until Vendor received full payment. Buyer authorizes Vendor to file a UCC Financing Statement to perfect the security interest. Buyer shall not sell, dispose of, or encumber any interest in the Equipment or commence or permit the maintenance of any proceeding against it in bankruptcy or receivership or make an assignment for creditors. 13. TITLE TO EQUIPMENT AND RISK OF LOSS: Buyer shall acquire full title to the equipment only upon full payment of the purchase price therefore to Vendor. Risk of loss of the equipment shall pass to Buyer on Delivery of Equipment. 14. INSURANCE: If Buyer leases equipment, Buyer must provide insurance for the full value of the equipment, as required by the financier. 15. ARBITRATION OR LITIGATION EXPENSES: Should any litigation or arbitration be commenced between the parties to this Agreement concerning the project or any provisions to this agreement, or the rights and obligation of either in relation thereto, the prevailing party to any arbitration or litigation shall be entitled to its actual attorney's fees and costs expended in the matter. 16. RETURN POLICY: In the event purchased equipment is returned to Vendor, a 15% restocking fee will be charged for those returned items, unless equipment is returned for Vendor's breach of this agreement. The equipment must be returned in original condition, and in manufacturers packaging (if applicable). Loose items must be returned in original packaging. If equipment is damaged upon receipt, then Buyer will be charged repair and return charges in addition to the above stated 15% restocking fee. Vendor does not refund shipping and handling fees unless Vendor has caused the error in shipment. Mitel software licenses ordered from Mitel cannot be returned. 17. MATERIAL, PRICING, ESTIMATES, AND QUOTATIONS: Upon acceptance of this agreement, prices included in the Schedule A are not subject to change. Written quotations automatically expire, unless accepted, within 30 days from the date quoted and are subjected to termination by notice within that period. Verbal quotations expire, unless accepted, the same day they are made. All non -material errors are subject to correction. Page 15 SAP No.: 378443 MITEL SELLING AGENT AGREEMENT For Sourcewell "Selling Agent Agreement" Mitel Business Systems, Inc. "Mitel"("Selling GLOBAL CTI GROUP, INC. Agent") Principal Place of Business (Address): 1146 North Alma School Road Mesa, AZ 85201 Principal Place of Business (Address): 5329 OFFICE CENTER COURT, SUITE 200 BAKERSFIELD, CA 93309 Signature: Signature: Name: Name: Dove olSe-r Title: Title: Ces v4 E-mail: E-mail: &L C ft QUf i co,ql Tel: Tel: 7 L-- S fog Date: Date: (A i - This Agreement shall be effective when signed by the Selling Agent and accepted and signed by Mitel ("Effective Date"). WHEREAS: I) Mitel Networks, Inc. and Selling Agent previously entered into a Master Authorized Partner Agreement (the "AP Agreement"); ii) Mitel entered into "Vendor Agreement" Contract No. 022719 -MBS with Sourcewell (formerly known as National Joint Powers Alliance or NJPA) ("Sourcewell") dated May 21, 2019 ("Prime Contract"); iii) The terms and conditions of the Prime Contract shall be incorporated by reference below as if expressly stated herein and shall apply to the Selling Agent, except that when applicable, the term "Vendor" and similar references shall mean the Selling Agent. These clauses have the same force and effect as if they were given in full text; and, iv) the parties now mutually desire to adopt the terms and conditions of the AP Agreement and augment them under this Selling Agent Agreement in order to allow Selling Agent to sell product to Authorized Users as an authorized agent for Mitel under the Prime Contract (the "Sourcewell Program"). NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the parties agree as follows: 1. Definitions Unless otherwise defined herein, capitalized terms shall have the meaning given to them in the AP Agreement and the Prime Contract, as applicable: "Active Products" means Mitel products included in the Prime Contract, excluding Mitel hosted cloud offerings. "Authorized Users" means agencies and organizations who are Sourcewell members. "Exception Pricing" means pricing that differs from the Sourcewell Price. "Direct Order" means an Order fulfilled by Mitel through the Mitel Government Order Desk. "Distributor" means the distributor from which Selling Agent procures its Mitel products. "Distributor Order" means an Order fulfilled via a Distributor. "Open Market Item" means any product or service sold to Authorized Users that are outside the scope of the Prime Contract. "Order" means a purchase order, delivery order, task order, or any other order issued against the Prime Contract. "Pricing Tool" means a Mite[ proprietary pricing tool for pricing Orders. "Sales Report" means a report of all Orders taken or received by Selling Agent under this Agreement. "Sourcewell Price" means the prices for the Active Products as discounted per the discount structure listed in the Prime Contract, 2. Appointment and Scope of Agency Subject to the terms of this Agreement and the Prime Contract, in support of the Sourcewell Program, Mitel authorizes the Selling Agent, on a non- exclusive basis, to represent Mitel for sales and/or to sell certain Mitel products to Authorized Users. Selling Agent agrees: (a) Selling Agent may only represent the sale of Active Products under the Prime Contract that the Selling Agent is authorized to sell under the AP Agreement; (b) Selling Agent may not offer Open Market Items without Mitel's prior written approval. Any offer and sale of Open Market items shall be subject to the terms and conditions of the Prime Contract; (c) Selling Agent may not sell manufacturer -discontinued items without prior written approval from Mitel; (d)Selling Agent may offer leasing options in consultation with Mitel; (e)Selling Agent may not offer or submit any bid to an Authorized User that adds to, deletes or otherwise changes any term or condition of the Prime Contract; and (f) Selling Agent must obtain prior written approval from Mitel before offering Exception Pricing. 3. Sales/Orders SOURCEWELL Selling Agent Agreement (21 May19) SAASOURCEWELL Rev 01 Page 1 of 4 © Copyright Mitel Business Systems, Inc. 2019 Authorized User may issue an Order directly to Mitel or directly to Selling Agent. Active Products shall be ordered either from Mitel or thru a Distributor, as directed by Mitel. (a) All Orders issued by the Authorized User directly to Mitel must be made out to: Mitel Business Systems, Inc., 1146 North Alma School Road, Mesa, AZ 85201, and emailed or faxed to the following: FAX: (703) 904-0568, EMAIL: USGovernmentsales@mitel.com. (b) For any Order issued by the Authorized User directly to the Selling Agent, Selling Agent shall issue a back to back purchase order to Mitel or Distributor (as applicable) which includes a reference to the Prime Contract number (Sourcewell Contract No. 022719 -MBS). Selling Agent must also supply a copy of any Order from Authorized User (with the back to back purchase order) which shall include all information listed in 3(c) below. (c) Selling Agent must ensure that each Order contains the following information: • Prime Contract name and number ("022719 -MBS") ■ part numbers • Sourcewell Price (net of any allowable discounts); • quantity of products/services ordered; ■ Mitel quote number (if any); • shipping and billing instructions; ■ requested delivery dates; and, • any other special instructions. (d) If the Authorized User issues the Order directly to Mitel's Order Desk, it shall be the responsibility of the Selling Agent to identify such Order to Mitel for payment of earned Commission within five (5) days of issuance of the Order by the Authorized User by including with the Order a cover page that clearly and conspicuously references this Agreement, the name of the Authorized User and the following label - "Sourcewell Contract No. 022719 -MBS". (e) Selling Agent acknowledges and agrees that all Orders made by it hereunder and all of Selling Agent's obligations in connection therewith shall be subject to the terms and conditions of this Agreement, the Prime Contract and the AP Agreement. Selling Agent also acknowledges and agrees to comply with all other terms and conditions of the Prime Contract and the AP Agreement, including but not limited to, order acceptance, order processing, invoicing, reporting, warranty and record keeping. (f) Selling Agent acknowledges and agrees that any returns and/or cancellation of Orders will only be accepted by Mitel in accordance with the Selling Agent's AP Agreement, 4. Invoicing (a) If the Authorized User issues the Order directly to Mitel, Mitel shall invoice the Authorized User directly upon shipment. (b) For Direct Orders, where the Authorized User issues the Order directly to the Selling Agent, Mitel will invoice Selling Agent upon shipment. Invoices are payable as per the payment terms of the AP Agreement. 5. Contract Pricing Selling Agent shall be responsible for: (i) ensuring that any quote to an Authorized User is based on the current Sourcewell Price list using the Pricing Tool; and, (ii) obtaining Mitel's prior approval of such quote. Selling Agent shall be responsible for any amount that is under -quoted from the Price List as a result of Selling Agent's error or failure to provide accurate quotes. 6. Commission (applicable to Direct Orders only) For Direct Orders, Mitel will issue a commission in the form of a credit memo to the Selling Agent's Mitel account of twenty percent (20%) of the Order purchase price exclusive of services and taxes upon shipment of the order ("Commission"), as set out below: (a) Where the Authorized User's Order is issued directly to Mitel, Mitel will issue quota credit for the total purchase order to the Selling Agent; and (b) Where the Authorized User's Order is issued directly to the Selling Agent, referencing the Sourcewell contract, then Mitel will issue quota credit to the Selling Agent for the amount of the purchase order from the Selling Agent to Mitel. 7. Sales Reporting (a) Selling Agent understands and acknowledges that Mitel is responsible for submitting a Sales Report on all Orders received by Selling Agent. Selling Agent shall cooperate with Mitel to the fullest extent in meeting the requirements for submitting the Sales Report, Selling Agent must report all Orders received and completed under the Prime Contract, Selling Agent shall submit its Sales Report to Mitel no later than the tenth (10th) day of each month (regardless of whether there are zero sales) providing sales records for all Orders received during the prior month period. Selling Agent shall certify the completeness and accuracy of each Sales Report and submit them in the format required by Mitel. At a minimum, the information must identify for each Order the following: ■ Order number ■ name of the Authorized User ■ Sourcewell Price for each item and quantity ■ any discounts ■ total amount of Order (net of any discounts) SOURCEWELL Selling Agent Agreement (21May19) ©Copyright Mitel Business Systems, Inc. 2019 SAASOURCEWELL Rev 01 Page 2 of 4 ■ Mitel product family (identified in Pricing Tool) ® Open Market Items ® Services / Labor (b) Selling Agent shall maintain all sales records pertaining to all Orders for four (4) full fiscal years after final payment for the Order has been made under the Prime Contract and make all such records available for third party audit as may be required by SOURCEWELL or by Mitel. 7. Services At Mitel's request, Selling Agent agrees to use its best efforts to provide labor and fulfillment services related to an Order received by the Selling Agent as a subcontractor to Mitel under the terms and conditions of the AP Agreement. Selling Agent agrees to negotiate reasonable terms and conditions of the subcontract in good faith. Selling Agent shall not accept any Orders that require labor or fulfillment services at a site that is outside of its Service Area as defined in the AP Agreement. 8. Selling Agent Obligations (a) Selling Agent must employ and designate personnel sufficiently knowledgeable with Sourcewell procurement process and requirements in order to fulfill its duties and obligations under this Agreement and to manage the fulfillment of each Order. (b) Selling Agent must notify Mitel within three (3) days if any performance of the Order is not accepted unconditionally by the Authorized User for any reason. In the event that the Authorized User does not accept any part of an Order due to any negligence or failure by the Selling Agent, Mitel may in its sole discretion either complete performance or subcontract the performance to a third -party in which case the Selling Agent shall not be entitled to any credit for that Order or payment of any earned Commission for that Order. (c) Selling Agent must complete an Sourcewell procurement sales training session offered by Mitel. (d) Selling Agent must provide to Mitel applicable insurance certificates subject to the minimum requirements set out in the Prime Contract. (e) In the event required by an Authorized User and upon Mitel's request, Selling Agent shall promptly provide Mitel (i) all required performance bonds; and (ii) all necessary or applicable certifications, as may be required by law, regulation or rule. 9. Marketing (a) Selling Agent may not add, delete, modify, reproduce or distribute the Sourcewell Price or the Pricing Tool, (b) Marketing media that advertises the Prime Contract must list prices exactly as published in the Sourcewell Price and must note that the prices are subject to change without notice. Selling Agent may not suggest that it is the sole and exclusive source of Active Products through the Prime Contract or that its prices are lower than any other source. 10. Term This Agreement is effective as of the Effective Date and shall remain in effect unless terminated in accordance with Section 11. 11. Termination. (a) Mitel or Selling Agent may terminate this Agreement for its convenience at any time with a 30 -day prior written notice to the other party hereunder. (b) Mitel may terminate this Agreement at any time upon 10 -days written notice in the event of any of the following: a) Selling Agent is in default of its obligations under this Agreement, including without limitation: A. failing to complete any obligation under this Agreement, including the refusal to perform any installation and/or warranty obligations for which the Selling Agent has accepted an Order; B. failing to remain in good standing under its AP Agreement; C. failing to submit timely and accurate Sales Reports; D. failing to place and Order within any 12 month period during the Term; or (c) This Selling Agent Agreement shall terminate immediately upon termination or expiration of the Prime Contract. (d) Termination of this Agreement does not excuse Selling Agent from its obligations with regard to fulfilling Orders, invoicing, maintaining records and reporting, for Orders received prior to the effective date of termination. 12. Confidential Information Both parties shall maintain in confidence and prevent the unauthorized use, disclosure, copying or publication of, as applicable (i) customer and financial information and data; (ii) the hardware and software, which shall include any associated intellectual property rights; and (iii) any other information which is designated as confidential (or like designation), is disclosed in circumstances of confidence, or would be understood by the receiving party, using reasonable business judgment, to be confidential. 13. Limitation of Liability FOR DIRECT ORDERS, IN NO EVENT SHALL MITEL OR ITS SUPPLIERS BE LIABLE TO SELLING AGENT FOR MORE THAN THE AMOUNT OF ANY ACTUAL DIRECT DAMAGES UP TO THE AMOUNT OF EARNED COMMISSIONS FOR THE PRODUCT OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST SAVINGS), EVEN IF INFORMED OF THEIR POSSIBILITY. 14. Indemnification SOURCEWELL Selling Agent Agreement (21 May19) SAASOURCEWELL Rev 01 Page 3 of 4 © Copyright Mitel Business Systems, Inc. 2019 Selling Agent shall indemnify, defend and hold harmless Mitel against all claims, actions, damages, liabilities, and expenses including, without limitation, reasonable attorney's fees, arising out of Selling Agent's failure to perform an Order or comply with its obligations under this Agreement, the Prime Contract or the AP Agreement, including failure to provide an Authorized User with the current Sourcewell Price for an Order. For purposes of clarity, Selling Agent shall reimburse Mitel for any losses resulting from Selling Agent's failure to use the most current SourcewellL Price and Pricing Tool. 15. General Independent Contractors — Selling Agent's officers, employees or agents shall not be deemed to be officers, employees or agents of Mitel, and Selling Agent shall not represent that its relationship with Mitel is other than that of an independent contractor. Nothing in this Agreement shall create in either party any right or authority to incur any obligations on behalf of, or to bind in any respect, the other party. The parties hereto agree that the arrangement created by this agreement is not in the nature of a franchise, agency, joint venture or partnership. This Agreement does not create privity of contract between the Selling Agent and Sourcewell. Publicity. Each party agrees not to make public announcements regarding the other party's name in any way or to make any disclosure regarding the existence or content of this Agreement, or joint initiatives without the prior written consent of the other party. Assignment — Except as expressly provided for in this Agreement, Selling Agent shall not assign its rights or delegate or subcontract its obligations under this Agreement in whole or in part without Mitel's prior written consent, which will not be unreasonably withheld. Severability - In the event a provision contained herein is for any reason be held to be unenforceable, such unenforceability shall not affect the validity of any other provision of this Agreement, and this Agreement shall then be construed as if such unenforceable provision had never been contained herein. Applicable Law This Agreement shall be interpreted under the laws of the State of Arizona in the United States of America. Venue and jurisdiction are contractually agreed and mandated to be in Phoenix, Maricopa County, Arizona, USA. Entire Agreement - This Agreement, including any appendices and/or amendments signed by Mitel and Selling Agent referencing the Agreement, expresses the entire agreement of the parties and supersedes any prior agreement or negotiation between the parties. There is no other understanding, agreement or representation that in any way limits, extends, defines or relates to this Agreement. Any terms or conditions of a purchase order or other document that purports to add, delete or otherwise amend this Agreement shall be null and void. In the event of a conflict between this Agreement, the Prime Contract and the AP Agreement, the precedence shall be as follows: (i) this Agreement; (ii) the Prime Contract, and (iii) the AP Agreement under which Selling Agent is authorized to sell or distribute Mitel products and/or services. Amendment - This Agreement shall not be amended or modified except in writing and signed by an authorized representative of both parties with the exception of any unilateral amendment right given to Mitel elsewhere in this Agreement. Notices - All notices and communications between Selling Agent and Mitel pertaining to this Agreement shall be addressed to Selling Agent and Mitel at the addresses set out in this Agreement or may be communicated by facsimile or e-mail to the other party. Mitel may, in its discretion, also opt to provide notice to Selling Agent via MOL. Counterparts - This Agreement may be executed in counterparts with the same effect as if both parties signed the same document. The counterparts shall be construed together and shall constitute one and the same original Agreement. A signature on this Agreement by one party communicated to the other by electronic transmission, such as PDF, e-mail or facsimile, will constitute execution of this Agreement. Waiver - Any failure by either party to enforce any right hereunder shall not constitute a waiver of such right. Each party may waive its rights under this Agreement only by execution of a writing expressly waiving such right. Time is of the Essence - The parties to this Agreement agree that, unless otherwise specified, in all cases time shall be of the essence. Survival - The covenants contained in this Agreement that, by their terms, require or contemplate performance by the parties after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. SOURCEWELL Selling Agent Agreement (21 May19) © Copyright Mitel Business Systems, Inc. 2019 SAASOURCEWELL Rev 01 Page 4 of 4 ITEM NO. 8 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Lourdes Morales, Chief Deputy City Clerk DATE: May 18, 2022 SUBJECT: Second Reading of Ordinance No. 1471 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Adopting Police Department (Policy No. 706), in Accordance with Assembly Bill 481" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1471 to provide guidelines for the approval, acquisition, and reporting requirements of military equipment in accordance with assembly bill 481. Ordinance No. 1471 was introduced for first reading during a regular meeting of the City Council on April 20, 2022. RECOMMENDATION Staff recommends that the City Council waive second reading and adopt Ordinance No. 1471, entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Adopting Police Department (Policy No. 706), in Accordance with Assembly Bill 481". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1471 was introduced for first reading during a regular meeting of the City Council held on April 20, 2022. ALTERNATIVES Not Applicable LEGAL REVIEW This ordinance has been reviewed by the City Attorney. ATTACHMENTS 1. Ordinance No. 1471 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1471. WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill ("AB") 481 to address the funding, acquisition, and use of items lawmakers deemed to be considered "military equipment;" and WHEREAS, AB 481 requires law enforcement agencies, including the Baldwin Park Police Department, "to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, "to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined;" and WHEREAS, the Baldwin Park City Council finds that the public has a right to know about any funding, acquisition, or use of military or militaristic equipment by the City of Baldwin Park, as well as a right to participate in any City decisions to fund, acquire, or use such equipment; and WHEREAS, the Baldwin Park City Council finds that decisions regarding whether and how military or militaristic equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input; and WHEREAS, the Baldwin Park City Council finds that legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military or militaristic equipment is RIV #4883-5129-2182 v1 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 funded, acquired, or used; and WHEREAS, the Baldwin Park City Council finds that for at least thirty (30) days prior to date of the public hearing on Ordinance No. 1471, concerning the proposed Military Equipment Policy, along with any Attachments, was made available on the Baldwin Park Police Department's public website; and WHEREAS, the Baldwin Park City Council finds that the military equipment identified in the Military Equipment Policy, entitled " Baldwin Park Police Department Military Equipment Policy " and attached hereto as Exhibit "A," is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS, the City Council finds that the proposed Military Equipment Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; and WHEREAS, the City Council finds that the military equipment identified in the Baldwin Park Military Equipment Use Policy, entitled "Baldwin Park Police Department Manual Policy 706" is reasonably cost effective as compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, the Baldwin Park City Council finds that prior military equipment use by the US Military is consistent with the proposed Military Equipment Policy of the Baldwin Park Police Department; or, if not consistent, the Baldwin Park Police Department has taken corrective action to remedy nonconforming uses and ensure future compliance; and WHEREAS, the Baldwin Park City Council has determined and finds the Baldwin Park Police Department has timely sought approval of Ordinance No. 1471 from the Baldwin Park City Council to continue the use of any military equipment that was acquired prior to April 19, 2022, RIV #4883-5129-2182 vl -2- 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and that by approving this Ordinance No. 1471, within 1.80 days from the date this approval process was initiated, the City Council authorizes the Baldwin Park Police Department to continue its use of such Military Equipment. NOW, THEREFORE,/ OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN 1 1 SECTION 1. RECITALS The City Council finds that all recitals, facts, findings and conclusions set forth above are true and correct and hereby incorporated by reference. SECTION 2. ADOPTION OF MILITARY EQUIPMENT POLICY The City Council hereby adopts the BPPD Manual Policy No. 706, Military Equipment Use Policy, along with any related Attachments, which are all attached hereto as Exhibit "A." SECTION 3. EFFECTIVE DATE. This ordinance shall take effect 30 days after the passage of the second reading by the City Council of the City of Baldwin Park. SECTION 6. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Baldwin :Park hereby declares they would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. PUBLICATION. The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be RIV #4883-5129-2182 v1 -3- 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c). INTRODUCED at the regular meeting of Rialto Council on the 20th day of April 2022. PASSED, APPROVED AND ADOPTED at the regular meeting of Baldwin Park City Council on the day of 2022. ATTEST: Marlen Garcia, City Clerk Robert Tafoya, City Attorney RIV #4883-5129-2182 v1 Emmanuel Estrada, Mayor 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF BALDWIN PARK ) I, Marlen Garcia, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. was duly passed and adopted at a regular meeting of the City Council of the City of Baldwin Park held on the day of 12022. Upon motion of Councilmember seconded by Councilmember , the foregoing Ordinance No. was duly passed and adopted. Vote on the Motion: AYES: NOES: ABSENT: IN WITNESS WHEREOF, l have hereunto set my hand and the Official Seal of the City of Baldwin Park, this day of , 2022. RIV #4883-5129-2182 v1 Marlen. Garcia, City Clerk Baldwin Park Police Department Baldwin Park PD Policy Manual Military Equipment 706.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 706.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body — The elected or appointed body that oversees the Department. Military equipment — Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. Military Equipment - 1 Published with permission by Baldwin Park Police Department Baldwin Park Police Department Baldwin Park PD Policy Manual Military Equipment 706.2 POLICY It is the policy of the Baldwin Park Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Baldwin Park Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 706.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: 706.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. Military Equipment - 2 Published with permission by Baldwin Park Police Department Baldwin Park Police Department Baldwin Park PD Policy Manual Military Equipment (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department shall comply with their respective military equipment use policies in rendering mutual aid. 706.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. Military Equipment - 3 Published with permission by Baldwin Park Police Department Baldwin Park PD Policy Manual Attachments Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. Attachments - 4 Published with permission by Baldwin Park Police Department Baldwin Park PD Policy Manual BPPD Military Equipment Inventory.pdf Copyright Lexipol, LLC 2022/03/17, all Rights Reserved. BPPD Military Equipment Inventory.pdf - 5 Published with permission by Baldwin Park Police Department A. Military Equipment Authorized by the Baldwin Park Police Department: 1. Unmanned, Remotely Piloted, Ground Vehicles (Robots): A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers. a. Description, quantity, capabilities, and cost: i. RoboTex AVATAR Tactical Robot I Cost: $ 24,885 1 Quantity: 2 1 The AVATAR is a heavy-duty battery -powered robot. It has a stair -climbing ability and an arm capable of lifting several pounds. The AVATAR is also equipped with a camera that can provide a live video and audio feed to the operator. b. Purpose: To be used to remotely gain visual data, deliver an HNT phone, open doors, and clear buildings without requiring an officer to enter. c. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate the robots. d. Expected Life Span: i. All robots: 3-5 years e. Fiscal Impact: i. All robots: Annual maintenance and battery replacement cost are approximately $0 to $5,000. f. Training: All robot operators must complete an 8 -hour department training to operate the robots during live operations. Operators also conduct reoccurring training throughout the year. g. Legal and Procedural Rules: It is the policy of the Baldwin Park Police Department to utilize a robot only for official law enforcement purposes and according to State and Federal law. 2. Armored Vehicle: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes. a. Description, quantity, capabilities, and purchase cost: i. Lenco BearcatI Cost: $245,113.49 1 Quantity: 11 The Bearcat is an armored vehicle that seats 10 to 12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. b. Purpose: i. The primary purpose of the Bearcat is to protect employees during high-risk incidents. They are also designed to safely transport officers into positions of tactical advantage or to evacuate civilian personnel during critical incidents. Both vehicles provide greater safety to citizens and officers beyond the protection level of shield and personal body armor. c. Authorized Use: An armored vehicle may be used if one or more of the following criteria are present: i. Incidents where human lives may be in immediate peril ii. Incidents where a threat of confrontation by gunfire or other weapons exists iii. Incidents involving a significant threat of violence iv. Rapid response deployments v. Acts of terror (violent attacks upon populated areas such as schools, community events, government buildings, shopping malls, and places of worship) vi. Natural disasters (significant earthquakes, major fires, floods, etc.) vii. Incidents deemed appropriate by the Chief of Police or their designee viii. Training exercises or approved demonstrations. d. Lifespan: i. Lenco Bearcat: Approximately 25 years e. Fiscal Impact: i. Bearcat: Annual maintenance cost of approximately $0 to $5,000 f. Training: Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of one or more armored vehicles shall receive training in the safe operation and care for each vehicle and show competence before operating any of the listed armored vehicles. The BPPD policy does not restrict an employee from temporarily operating one of the vehicles during an exigent circumstance to prevent serious bodily injury, death, or damage to the vehicle. g. Legal and Procedural Rules: Use is established under Baldwin Park Police Department Policy Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the BPPD to utilize armored vehicles for official law enforcement purposes, according to State and Federal law. 3. Command and Control Vehicles: The mobile command post (MCP) is a vehicle used as a mobile office that provides shelter, access to Department computer systems, dispatch communication consoles, radio communications, and restroom facilities during extended events. a. Descriotion. auantity. caaabilities. and purchase cost: i. 2014 Mobile Command Post I Cost: $168,302.65 1 Quantity: 11 A Class A RV outfitted with radio communications, computers, computer-aided dispatch (CAD) capabilities, monitors, and restroom to function as a mobile office for members of the department during department -approved functions. b. Purpose: The purpose of the Mobile Command Post is to provide a safe and private location for employees to conduct Department business or to act as the Command Center as needed. c. Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department policy and training are authorized to operate the MCP. The Mobile Command Post may be deployed for the following: i. Major Criminal Investigations ii. Major Traffic Investigations iii. Critical Incidents iv. Natural Disasters v. BPPD SWAT Call -outs or Pre -Planned Events vi. Community Events vii. Supporting or Replacing the Command Center (e.g., outages, repairs) viii. Requests of use by outside law enforcement agencies with the approval of the Chief of Police or their designee d. Lifespan: i. MCP: 20 -year lifespan on chassis and vehicle structure e. Fiscal Impact: ii. MCP: Annual maintenance cost is approximately $0 to $5,000. f. Training: The MCP may only be operated by employees who possess the proper licensing and have been trained in the proper care and use of the vehicle. g. Legal and Procedural Rules: Use is established under Baldwin Park Police Department Policy Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Baldwin Park Police Department to use the MCP only for official law enforcement purposes and following California State law regarding the operation of motor vehicles. 4. Breaching Apparatuses Explosive in Nature: Tools that are used to conduct an explosive breach. a. Description, quantity, capabilities, and purchase cost: i. Royal Remington Model 870 Express Breaching 12 Gauge ( Cost: $999.00 Quantity: 2 ( This weapon allows for breachers to safely utilize shotgun breaching round to destroy deadbolts, locks, and hinges. The breaching stand-off device that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. ii. Royal Arms Tesar-2 Black Cap 425 Grain Copper Frangible Breaching Round ( Cost: $25 1 The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. iii. Royal Arms Tesar-4 Red Cap 82 Grain Flash Bang Hard Round I Cost: $25 1 The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. Also can be used as a Diversionary or Disorientation Round. b. Purpose: Used to provide officers a way to safely gain entry into a structure. c. Authorized Use: Absent exigent circumstances, only members who have completed department -approved training may be issued or use breaching shotguns. The breaching rounds can also be used for training exercises or approved demonstrations. d. Lifespan: i. Breaching Shotguns: 25 years ii. Royal Arms Tesar-2 Black Cap 425 Grain Copper Frangible Breaching Round: 5 years iii. Royal Arms Tesar-4 Red Cap 82 Grain Flash Bang Hard Round: 5 years e. Fiscal Impact: i. Breaching Shotguns: Annual maintenance approximately $0 to $50 ii. Breaching Round: Expected annual cost between $0 to $300 to replenish used stock f. Training: Sworn members utilizing a breaching shotgun must be certified to do so by a certified breaching instructor during department -approved training. Additionally, members of the BPPD SWAT Team will receive training on breaching shotguns bi-yearly and that training will be conducted by a certified breaching instructor in two-hour blocks. FIT12 . - 1M—F1R11[-M It is the policy of the Baldwin Park Police Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law. 5. Specialized Firearms and Ammunition: Firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, quantity, capabilities, and purchase cost: i. Colt M4 Carbine 5.56MM Rifle, Model: LE6920MPS B ( Cost: $1049.00 1 Quantity: 60 ( Throughout the world today, Colt's reliability, performance, and accuracy provide our Armed Forces the confidence required to accomplish any mission. Colt's LE6920 series shares many features of its combat -proven brother, the Colt M4. ii. FN Special Police .308 Caliber Rifle, Model: Al I Cost: $2,899 1 Quantity: 2 1 The FN SPR with a 24" customized barrel. The firearm is chambered in .308 Winchester and has a 24" customized precision barrel. The magazine holds 5 rounds of ammunition. This rifle is primarily used in an over -watch capacity to protect the community and BPPD SWAT team members during large events and critical incidents. This weapon is no longer being produced. 1. Federal Cartridge .308 Winchester Tactical Bonded Tip 168 Grain Duty Ammunition Cartridge ( Cost: $319 (Case of 500) 1 Considered by most experts to be one of the best "barrier blind" rounds. The Tactical Bonded Rifle Ammunition is another Federal product made exclusively for law enforcement. It achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection or deviation for the most intense situations, Tactical Bonded has quickly become the choice for some of the most intense conditions. The polymer tip and the boat -tail design increase ballistic coefficient and downrange performance - giving shooters added confidence their shot will hit the mark when it matters most. The 308 Winchester Tactical Bonded Tip achieves accuracy and terminal performance unmatched by other ammunition. iii. Heckler & Koch MP5 9MM Sub -gun I Cost: $2,500 ( Quantity: 10 1 Developed by Heckler & Koch in the mid-1960s, the 9 mm MP5 submachine gun uses the same delayed blowback operating system found on the famous HK G3 automatic rifle. Reliability, accuracy, ease of handling, simple maintenance, and safety — all the elements of HK excellence are highlighted on the MP5. Firing from the closed -bolt position in all modes of fire makes MP5 submachine guns extremely accurate and controllable. All HK MP5 models are manufactured using time -tested Heckler & Koch technological invocation and superior materials. Barrels are made using cold hammer forging, a process pioneered and perfected by HK. Machined and stamped high-strength steel and modern polymers make up the rest of the MPS. Continual product improvements over more than 50 years of production have kept the MP5 up-to-date and technologically current; it is firmly established as the world's pre- eminent submachine gun among military and law enforcement users. b. Purpose: To be used as precision weapons to address a threat with more accuracy and/or greater distances than a handgun, if present and feasible. These firearms can also be used to match the firepower of the threat being faced, as well as to penetrate barriers or barricades in critical incidents. c. Authorized Use: All of the listed firearms are guided by the BPPD policy manual. The Colt Carbine is authorized to be carried by all officers regardless of assignment. The M4 Commando carbine rifles are specifically used by SWAT. The FN .308 and H&K MP5 are specifically used by SWAT and the Special Enforcement Team (SET). All of these firearms are only authorized for use by an officer after attending an approved training with annual training and qualifications thereafter. d. Lifespan: i. Colt M4 Commando 5.56MM Rifle: 20 years ii. Colt Carbine 5.56MM Rifle: 20 years iii. FN Special Police .308 Caliber Rifle .308 Caliber Rifle, Model: Al: 20 years iv. Federal Cartridge .308 Winchester Tactical Bonded Tip 168 Grain Duty Ammunition Cartridge: No expiration v. Heckler & Koch MP5 9MM Sub -gun: 20 years e. Fiscal Impact: i. Rifles: Annual maintenance is approximately $0 to $50 per rifle ii. Ammunition: Expected annual cost between $200 to $1000 to replenish used stock f. Training: All officers are authorized to carry the Colt M4 Carbine regardless of assignment. The officers receive training during orientation and conduct continual annual training. The MP5 are specifically used by SWAT Team . All of these firearms are only authorized for use by an officer after attending an approved training with annual training and qualifications thereafter. Before deploying specialty rifles, designated SWAT team members must attend an approved training course provided by a certified instructor. Once certified, authorized users must qualify with the rifle every year. g. Legal and Procedural Rules: Use is established under Baldwin Park Police Department Policy Manual sections (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Baldwin Park Police Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law. 6. Diversionary Devices (Flashbangs): A diversionary device is ideal for distracting dangerous suspects during hostage rescue, room entry, or other high-risk arrest/search warrant situations. a. Description, quantity, capabilities, and purchase cost: i. Defense Technology Low Roll Reloadable Flashbang (#8933) with 12 -Gram Reload (#8901SC) I Cost: $98.30 1 The Low Roll° Distraction Device° is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. The diameter of the hex design body is 2.0 in., 5.0 cm. overall length is 5.0 in., 12.7 cm. The Low Roll bodies' ergonomic features complement its powerful output of light, sound, and twelve top port configurations which results in an even distribution of gases from the opposing ends of the canister. The distinctive shape and capabilities are tools for dynamic entries for police, corrections, and military tactical teams worldwide. The training reload is to be used only when they are screwed into the Distraction Device° body. The Distraction Device° Reload utilizes a standard military -style M201A1 type fuse and produces 175 dB of sound output at 5 feet and 6-8 million candelas for 10 milliseconds. b. Purpose: The proper use and deployment of diversionary devices can increase officer safety and assist officers with the successful completion of a tactical situation. This includes, but is not limited to barricaded suspects, hostage situations, high-risk warrant service, or any life- threatening situation. c. Authorized Use: Absent exigent circumstances, only members who have completed department -approved training by a certified department -approved trainer may be issued, use, or carry diversionary devices. The devices shall be stored and carried within Federal regulations. These devices can also be used for training exercises or approved demonstrations. d. Lifespan: i. Defense Technology Low Roll Flash -Bang Body 8933: Approximately 26 deployments ii. Defense Technology Distraction Device Reload 12 -Gram 8901: Until used e. Fiscal Impact: i. Expected annual cost of $500 to $4,000 to replenish used stock (including training deployments) f. Training: Before use, officers must attend divisionary device training that is conducted by a certified Department approved instructor. Additionally, members of the BPPD SWAT Team will conduct two two-hour training blocks on the use of divisionary devices yearly. V "2492 . - :[1G'F. RII[ Use is established in the Baldwin Park Police Department Policy Manual (Use of Force and Diversionary Devices - Flashbangs). It is the policy of the Baldwin Park Police Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force. 7. Chemical Agents: Canisters that contain chemical agents that are released when deployed. a. Description, quantity, capabilities, and purchase cost: Defense Technology Flameless Tri -Chamber CS, #1032 1 Cost: $44.90 1 Quantity: 51 The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri -Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri -Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. Defense Technology Flameless Tri -Chamber OC, #1030 1 Cost: $47.60 1 Quantity: 3 Designed for law enforcement and corrections, the OC Flameless Tri -Chamber Pyrotechnic Grenade combines the effectiveness of Oleoresin Capsicum (OC) as an incapacitating agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions. The OC Flameless Tri -Chamber Grenade can be used in crowd control, or barricade situations, as a less lethal solution to incapacitate subjects through temporary respiratory discomfort, while reducing or negating the chance of fire to structures. The Tri -Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri -Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. iii. Defense Technology Riot Control, OC, #1080 ( Cost: $40.45 ( Quantity: 3 1 The Riot Control OC Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 0.88 oz. of active agent iv. Defense Technology Riot Control, CS, #1082 1 Cost: $28.45 1 Quantity: 51 The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. b. Purpose: Chemical agents may be used for crowd control, crowd dispersal, or against barricaded suspects based on the circumstances. This is done to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use: Absent exigent circumstances, only members who have completed department -approved training may be issued, use or carry chemical agents. These chemical agents can also be used for training exercises or approved demonstrations. d. Training: Sworn members utilizing chemical agent canisters must be certified by a department chemical agent instructor during orientation and during reoccurring department in-service training. Additionally, members of the BPPD SWAT Team will receive training on chemical agents bi-yearly and that training will be conducted by a certified chemical agent instructor in two-hour blocks. e. Lifespan: i. Defense Technology Flameless Tri -Chamber, CS: #1032: 6 years ii. Defense Technology Flameless Tri -Chamber, OC: #1030: 6 years iii. Defense Technology Riot Control, CS: #1082: 6 years iv. Defense Technology Riot Control, OC: #1080: 6 years f. Fiscal Impact: i. Expected annual cost of $2,500 to $10,000 to replenish used stock (including training deployments) Legal and Procedural Rules: Use is established under the Baldwin Park Police Department Policy Manual (Use of Force, Chemical Agents, and Oleoresin Capsicum - OC). It is the policy of the Baldwin Park Police Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force. Specialty Impact Munitions (SIMs) - 40mm Launchers and Munitions: These devices are considered less lethal and are used to gain compliance from an individual who is violently or actively resisting. The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. a. Description, quantity, capabilities, and purchase cost: i. 40MM LMTTm Tactical Single Launcher 1425, Expandable Stock I Cost: $1,200 1 Quantity: 12 1 Manufactured exclusively for Defense Technology°, the 40LMTS is a tactical single -shot launcher that features an expandable Rogers Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The 40LMTS will fire standard 40mm less -lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. ii. Defense Technology 40MM eXact iMpactT"A Sponge Round: #6325 1 Cost: $20.79 Quantity: 221 The 40 mm exact iMpactT"" Sponge Round is a "point -of -aim, point - of -impact" direct fire round that is most commonly used by tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject. In many municipalities, these are being selected for both tactical call -outs and as an available option for patrol. The 40 mm exact iMpactTM Sponge Round is intended for direct fire deployment. The operator should be adequately trained in the use of Less Lethal Impact Munitions and have a thorough understanding of the round and considerations for selecting shot placement such as level of threat, target distance, size, and clothing. The 40 mm exact iMpactTM Sponge Round will prove most successful for incapacitation when used within its optimal energy range of approximately 5 —40 meters, although it may be used in situations from 1.5 — 50 meters. The optimal zone offers the necessary energy and accuracy to target the large muscle groups of the buttocks, thighs, and even the knees of the subject. These areas provide sufficient pain stimulus, while greatly reducing serious or life-threatening injuries. The 40 mm exact iMpactT1 Sponge Round can also be deployed in crowd control situations to protect the riot line, cover or enhance chemical munitions, or target specific agitators and organizers of the crowd. When used in this fashion, it is primarily both a psychological deterrent and physiological distraction serving as a pain compliance device to either get the crowd or subject moving or keep them at a designated distance. iii. Defense Technology 40MM Direct Impact° OC Round: #6320 1 Cost: $20.79 1 Quantity: 521 A less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single or multi -round purpose-built 40 mm grenade launcher with a rifled barrel at 295 feet per second (FPS). The 39 -gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of OC irritant. The 40 mm Direct Impact OC round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. iv. Defense Technology Ferret 40MM OC Powder Barricade Round, #2290 1 Cost: $25.95 ( Quantity: 10 1 The Ferret' 40 mm Barricade Penetrating Round is filled with a OC powder chemical agent. It is a frangible projectile that is spin -stabilized utilizing barrel rifling. It is non -burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle. v. Defense Technology Ferret 40MM 60- Caliber Rubber Ball #6097 1 Cost: $30.30 Quantity: 10 ( The Stinger° 40 mm 60 -Caliber Round is most widely used as a crowd management tool by Law Enforcement and Corrections. The round contains approximately eighteen 60 -Caliber rubber balls. It utilizes smokeless powder as the propellant and has more consistent velocities and tighter patterns compared to its 37 mm counterpart. It is suitable for administering a means of pain compliance over a greater distance than its 32 -Caliber Stinger® counterpart. Used for routing crowds or groups that are mildly resistive b. Purpose: The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. The devices limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use: Approved SIM projectiles may be used in any of the following circumstances when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to: i. Control a subject who is violent or is actively resisting ii. Control a subject who has demonstrated, bywords or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others iii. Disarm a suspect or control a subject who is reasonably believed to be armed iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of a SIM to apprehend an individual) v. Gain compliance during tactical situations that include but are not limited to a riot or civil unrest vi. Control dangerous animals vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.) viii. Training exercises or approved demonstrations. d. Lifespan: i. LMT 40mm Launchers: 15+ years ii. Defense Technology 40MM eXact iMpactTM Sponge Round: #6325: 6 years iii. Defense Technology 40MM Direct Impact° OC Round: #6320: 6 years iv. Defense Technology Ferret 40MM OC Powder Barricade Round: #2290: 6 years v. Defense Technology Ferret 40MM 60- Caliber Rubber Ball: #6097, 6 years e. Fiscal Impact: i. Launchers: Annual maintenance is approximately $0 to $100 for each launcher ii. Munitions: Expected annual cost of $2,000 to $5,000 to replenish used stock (including training deployments) f. Training: All officers receive training on the use of the 40mm LMT launcher with the sponge (#6325) and OC round (#6320). This training occurs during orientation and through reoccurring in- service training taught by BPPD instructors. SWAT personnel receives additional training internally when they transfer to the unit to include the Penn Arms launcher, CS rounds, barricade rounds, and the other rounds listed. SWAT operators who utilize these munitions have completed an approved chemical agent school and/or training facilitated by a BPPD certified chemical agent instructor. Legal and Procedural Rules: Use is established under the Baldwin Park Police Department Policy Manual (Use of Force, Specialty Impact Munitions (SIM) Less -Lethal, Chemical Agents, and Oleoresin Capsicum - OC. It is the policy of the BPPD to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force. 9. Specialty Impact Munitions (SIMS) - 12 Gauge "Bean Bag" Launchers and Munitions: These devices are considered less lethal and are used to gain compliance from an individual who is violently or actively resisting. The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. a. Description, quantity, capabilities, and purchase cost: i. Mossberg 590 12 -Gauge Shotgun (Standard department -issued with color marking to signify its use as less -lethal) I Cost: $645 1 Quantity: 15 ( The Mossberg 590 Less Lethal Shotgun is used to deploy the 12 -Gauge Drag Stabilized Round up to 75 feet. The range of the weapon system helps to maintain space between officers and an individual, reducing the immediacy of the threat which is a principle of de- escalation. ii. Defense Technology 12 -Gauge Drag Stabilized Round, #3027 1 Cost: $5.34 1 The Drag Stabilized"' 12 -Gauge Round is a translucent 12 -Gauge shell loaded with a 40 - Gram tear -shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12 -Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities' number one choice for specialty impact munitions. This round has a velocity of 270fps with a maximum effective range of 75 feet. b. Purpose: The use of such a device is intended to mitigate the number of serious injuries to officers, the subject, and other individuals. The devices limit the escalation of conflict where employment of lethal force is prohibited or undesirable. c. Authorized Use: Approved SIM projectiles may be used in any of the following circumstances when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to: i. Control a subject who is violent or is actively resisting ii. Control a subject who has demonstrated, bywords or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others iii. Disarm a suspect or control a subject who is reasonably believed to be armed iv. Stop a fleeing subject who is wanted for a serious crime (Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of a SIM to apprehend an individual) v. Gain compliance during tactical situations that include but are not limited to a riot or civil unrest vi. Control dangerous animals vii. Be used on objects to gain a tactical advantage (e.g., windows, lights, etc.) viii. Training exercises or approved demonstrations. d. Lifespan: i. Mossberg 590 Shotgun (Standard department -issued): 15+ years ii. Defense Technology 12 -Gauge Drag Stabilized Round: 5 years e. Fiscal Impact: Launchers: Annual maintenance is approximately $0 to $50 for each launcher Ammunition: Expected annual cost of $200 to $1,000 to replenish used stock f. Training: All officers are trained in the 12 -gauge Mossberg 590 less -lethal shotgun with the 12 -gauge drag -stabilized round. This training occurs during orientation and through reoccurring in- service training taught by BPPD instructors Legal and Procedural Rules: Use is established under the Baldwin Park Police Department Policy Manual (Use of Force and Specialty Impact Munitions (SIM) Less -Lethal). It is the policy of the BPPD to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force. ITEM NO. 9 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Acting Director of Community Development - HUROF DATE: May 18, 2022 saN GA'BR�EL,,,'� SUBJECT: A Request for Consideration of a Recommendation of Approval to the City Council, City of Baldwin Park, Regarding Commercial Cannabis Agreement (CCA) No. 22-01 to Permit a Commercial Cannabis Distribution Facility within the I-C, Industrial Commercial Zone, Pursuant Ordinance 1460 and 1461. (Location: 14030 Live Oak Avenue (APN: 8536-001-024); Applicant: Baldwin Park Distribution, LLC; Case Number: CCA 22-01 for CAN 21-05) SUMMARY On December 27, 2021, the Planning Division received an application from Applicant, Baldwin Park Distribution, LLC, a California limited liability company (aka FAZE), requesting a permit to operate a cannabis distribution facility at 14030 Live Oak Avenue (Site). The Planning Division is recommending that the City Council consider and approve proposed CCA No. 22-01 between the City of Baldwin Park and Applicant (Baldwin Park Distribution, LLC), to permit a commercial cannabis distribution facility at the Site, which is located within the 1-C, Industrial Commercial Zone pursuant to Ordinance No. 1460 and 1461. RECOMMENDATION Staff recommends that the City Council: Adopt Resolution 2022-023 entitled, "A Resolution of the City Council of the City of Baldwin Park California, to Approve Commercial Cannabis Agreement 22-01 to Permit a Commercial Cannabis Distribution Facility withing the IC, Industrial Commercial Zone Pursuant to Ordinance No's. 1460 and 1461 (Location: 14030 Live Oak Avenue (APN: 8536-001-024); Applicant: Baldwin Park Distribution, LLC; Case Number: CCA 22-01 for Can 21-05). FISCAL IMPACT The CCA has a financial component which provides a positive fiscal impact to the City. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) In accordance with the provisions of the California Environment Quality Act (CEQA), the City of Baldwin Park has determined that the proposed Development Agreement, DA 21-02, will not have a significant impact of the environment and is Categorically Exempt pursuant to California Code of Regulations, Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore, the proposed facility is within an existing warehouse building. DISCUSSION The Planning Division has reviewed the application submitted by Applicant, Baldwin Park Distribution LLC, a Delaware limited liability company, to ensure compliance with all requirements set forth in the City's Commercial Cannabis Ordinance Numbers: 1442 and 1443. The Applicant is owned and operated by Stachs LLC, a wholly owned subsidiary of cannabis delivery platform FAZE. They are experienced operators, with operations in compliance with commercial cannabis regulations throughout the State of California. The proposed location is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park. On November 3, 2021, the City issued Code Amendment AZC 21-01, wherein it granted a reduction in distance from the proposed distribution site to a dwelling unit within a residential zone for a site that would be used exclusively for commercial cannabis distribution activity from 50 feet to 24 feet. The Applicant proposes a distribution facility pursuant to a "Type 11" State of California Commercial Cannabis License. A Type 11 State License distributor may: • Move cannabis and cannabis products between cultivation, manufacturing or distribution premises; • Move finished cannabis goods to retail premises; • Provide storage services to other licensees; and • Arrange for testing of cannabis goods. The Applicant proposes to prepare cannabis and cannabis products for retail sales in compliance with applicable laws and to distribute cannabis goods ready for retail sale to its affiliate network of licensed retailers. The total lot size of the subject property is 113,387 square feet with a 36,174 square foot building making it a 31.9% floor to are ratio calculation per City standards for a distribution facility. The interior of the existing building will undergo limited tenant improvements necessary for the distribution business proposed on the Site. The Applicant proposes to create 15 new, salaried positions to be paid an above-average wage for all local hires. The proposed hours of operation will be from 8:00 a.m. to 6:00 p.m.; it will have 24/7, locally hired, on-site security personnel. The Applicant will also have plans for control and mitigation odors. It has been determined by staff, that the proposed business will not have a negative impact on the flow of traffic in the neighboring area, utilizing Live Oak Avenue for all vehicles entering and exiting the facility. As regulated by the City's Municipal Code, no outside signage will be permitted and no public visitation will occur as the business will not be open to the public. The Applicant has negotiated a Commercial Cannabis Agreement and has agreed to pay $350,000, as the annual public benefit fee and a one-time administrative fee of $15,000 upon execution of the CCA. In year five (5), the CCA will be subject to reassessment. LEGAL REVIEW This report has been reviewed and approved by the Special Counsel, Commercial Cannabis Activity, as to legal form and content. ATTACHMENTS 1. Resolution No. 2022-023 2. Exhibit "A", Commercial Cannabis Agreement, CCA 2-01 3. Vicinity Map 2 Resolution 2022-023 A RESOLUTION OF THE CITY COUNCIL TO APPROVE COMMERCIAL CANNABIS AGREEMENT 22-01 TO PERMIT A COMMERCIAL CANNABIS DISTRIBUTION FACILITY WITHIN THE IC, INDUSTRIAL COMMERCIAL ZONE PURSUANT TO ORDINANCE NOS. 1460 AND 1461 (LOCATION: 14030 LIVE OAK AVENUE (APN: 8536-001-024); APPLICANT: BALDWIN PARK DISTRIBUTION, LLC; CASE NUMBER: CCA 22-01 FOR CAN 21-05) WHEREAS, Baldwin Park Distribution, LLC, a Delaware limited liability company (aka EAZE), hereafter Applicant, submitted an application to the City of Baldwin Park ("City") for a request to establish a commercial cannabis distribution facility within the Industrial Commercial (IC) zone, pursuant to Chapter 27 of the City of Baldwin Park Municipal Code ("BPMC"), the property is located at 14030 Live Oak Avenue, Baldwin Park, CA ("Site"); and WHEREAS, a commercial cannabis agreement (CCA), attached as Exhibit A, was negotiated by and among the parties and counsel to the City and the Applicant, which terms and conditions were mutually agreed upon; and WHEREAS, Section 127.06 of the BPMC requires the Applicant to enter into a CCA with the City prior to operating in the City and as a condition for issuance of a business license and certificate of occupancy to operate a commercial cannabis distribution facility (collectively, "Permit"); and WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis distribution facility, that is in addition to the requirements of Chapter 27 of the BPMC, including but not limited to, public outreach and education, community service, payment of community benefit fees, and other fees as mutually agreed upon, approval of architectural plans (including site plan, floor plan and elevations) to conform with commercial cannabis distribution facilities and uses under the BPMC, and such other terms and conditions that will protect and promote public health, safety, and welfare of all persons in the City; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has determined that the proposed cannabis distribution facility will not have a significant impact on the environment and is Categorically Exempt from CEQA pursuant to Article 19, Section 15301, Class 1, "Existing Facilities." WHEREAS, CCA No. 22-01, was reviewed by the Planning Commission on April 27, 2022 at a duly noticed public hearing. NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS: SECTION 1. The proposed use is a commercial cannabis distribution facility. It is being established in the Industrial Commercial (IC) Zone pursuant to the terms defined in Chapter 127 of the BPMC. The establishment of the commercial cannabis distribution facility is consistent with the purpose and intent of the BPMC, and of the Industrial zone CCA 22-01 May 18, 2022 Page 2 and General Plan land use designation. SECTION 2. The Planning Commission does hereby adopt the Findings of Fact applicable to all Cannabis Permittees: 1) The CCA is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the commercial cannabis distribution facility is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The proposed commercial cannabis distribution facility is consistent with Goal 1.0 of the City's Economic Development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on- going campaign with local businesses to hire local residents. 2) The CCA is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1460 and 1461 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided that all of the development standards set forth in Chapter 127 of the BPMC are met. Dispensaries remain prohibited throughout the City. 3) The CCA is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The CCA is in conformance with the general area and City as a whole as it is located within the IC, Industrial Commercial Zone, surrounded by lighter industrial uses. Pursuant to AZC 21-01, the proposed use exceeds the distance requirement of twenty (20) feet between commercial cannabis distribution uses and the closest residential zone. Furthermore, pursuant to Section 127.07.E.1 of the BPMC, the commercial cannabis distribution use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. A comprehensive security plan was provided which addresses security of the commercial cannabis distribution facility from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city. CCA 22-01 May 18, 2022 Page 3 The CCA has been freelynegotiated between the Applicantand the City, there is no inequality bargaining power and it is notambiguous. Applicant r capacity to read and understand the CCA, and has read and understands the terms and conditions therein. The Applicant acknowledges that the CCA is valid and fully enforceable according to its terms. SECTION 3. Staff recommends that the City Council approve the proposed CCA for the proposed commercial cannabis distribution facility, pursuant to the Findings of Fact for CCA 22-01 identified in Section 2 of this resolution; and SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission. PASSED AND APPROVED this 18th day of May 2022. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK EMMANUEL J. ESTRADA MAYOR SS. I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2022-023 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 22nd day of May, 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: y: 4 011 Ke 'OT61tW►T1Wk1c�:a MARLEN GARCIA CITY CLERK mm I M- F-3:401341, ARTICLE 2. RECITALS. WHEREAS LICENSEE intends to develop a commercial cannabis distribution facility rules, and regulations; WHEREAS the CITY seeks to enter into binding agreements with persons having legal or equitable interests in real property for the development of a commercial cannabis distribution facility; WHEREAS LICENSEE has commenced efforts to obtain approvals and permits to 8&M=S16-U-dTff TTMweM�11-&4 ia-awsb authorized in this AGREEMENT are lawfully permitted and authorized to occur on LICENSEE'S Property, as defined herein, subject to LICENSEE'S acquisition of various entitlements, as discussed herein); WHEREAS LICENSEE voluntarily enters into this AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the CITY, LICENSEE has elected to execute this AGREEMENT as it provides LICENSEE with important economic and development benefits; WHEREAS, this AGREEMENT and the Project, as defined herein, are consistent with the CITY's General Plan and Zoning Code and applicable provisions of the CITY's applicable Zoning Map and the Baldwin Park Municipal Code as of the AGREEMENT; WHEREAS. this AGREEMENT shall be subject to Planning Commission Approval pursuant to duly noticed Public Hearing for review, approval and recommendation to the City Council; WHEREAS. the Public Notice for the duly noticed Public Hearing for review, approval and r-tLk,-4Tm-Kui,t2.Y1*n t4, 2W-U�-X LA*Y1-Ft1 T*,#VP #� a week for 4 weeks and written notice to residents within 300 feet radius, WHEREAS. this AGREEMENT shall be subject to City Council approval pursuant to duly noticed Public Hearing for review, approval and recommendation to the City Council; WHEREAS, all actions taken, and approvals given by the CITY have been duly taken or a roved in accordance with all aXeilicable legal reAuireme votes, and other procedural matters; Page 2 of 35 WHEREAS this AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; WHEREAS, in an effort to implement state policy to promote private participation in comprehensive planning and to strengthen the public planning process .'.,• • reduce the economic risk of development, the CITY deems the approval of this AGREEMENT to be in the public interest and intends that the approval of this AGREEMENT be considered an exercise of the CITY's police powers to regulate the development of the Property, as defined herein, during the Term of this AGREEMENT; WHEREAS this AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the CITY and the surrounding region and the CITY has specifically considered and BODroved the im act ai''ii:l I Arm - Page 3 of 35 11 iill!ll Jill 11111111 1111111 17 �ll lill 111111 ill I Ill I 06- 3.4 "California Cannabis Laws" means MAUCRSA and the regulations adopted and promulgated by the State Licensing Authorities pursuant to "MAUCRSN', as such laws and regulations may be amended from time to time. 3.5 "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannab indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether cru or purified, extracted from any part of the plant; and every compound, manufacture, sa derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means t separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also mea marijuana as defined by Section 11018 of the California Health & Safety Code. "Cannabis" do not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made fro the seed f h 3.6 "Cannabis product" means cannabis that has undergone a process whereby ttz plant material has been transformed into a concentrate, including, but not limited to, concentrat-v-9 cannabis, or an edible or topical product containing cannabis or concentrated cannabis and oth ingredients. I 3.7 "Certificate of Occupancy" (COO) means a document issued by the CITY stating that the Property is suitable for use and occupancy for commercial cannabis activity by the LICENSEE, that it is considered compliant with the building code and safety standards imposed by the CITY, and that the State has issued a commercial cannabis license to the LICENSEE to #perate on the Property. 3.9 "Commercial Cannabis Activity" has the same meaning as that term is defined under MAUCRSA and includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as regulated under Chapter 5.18 of the BPMC. WONWt5 e, t Met se 9 IFT"J"'JR-1 the same meaning as that term is defined by the California Business and Professions Code§ 26001 (k). 11!11 Pill 3.12 "Community Benefit Fees" means any and all fees or monetary contributio required to be paid by Licensee, or which Licensee has committed to pay, pursuant to Article 5 this AGREEMENT. I Page 4 of 35 3.14 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security, if necessary, for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.16 "Existing Project Approvals" if applicable, means all Project Approvals granted issued prior to or on the Effective Date. Existing Project Approvals include the approvals set fo in Section 3.27 and all other approvals which are a matter of public record prior to or on t Effective Date. I 3.17 "Existing Land Use Regulations" if and where applicable, means all Land U - Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulatio that are a matter of public record on the Effective Date as they may be modified by the Existi e Development Approvals. 3.18 "Landlord Consent" if applicable, means that the fee simple absolute owner ("Property Owner") has granted the LICENSEE with written authorization to use the Property f commercial cannabis operations. The Property Owner shall execute a separate Proper Maintenance Agreement confirming it understands it obligations to lease to a commercil cannabis operator in the CITY. 3.19 "Land Use Regulations" if and where applicable, means all ordinance resolutions, codes, policies and procedures, adopted by the CITY governing the developme and use of land, including the permitted use of land, the density or intensity of use, subdivisi requirements, the maximum height and size of proposed buildings, the provisions for reservati or Dedication of land for %ublic %rur�ymses and the desi I i t and construction am�: occupancy standards and specifications applicable to the Development of the Property. 3.20 "Licensee" has the meaning set forth in the preamble of this AGREEMENT, abov A person who has been issued a commercial cannabis business permit by the CITY, under th chapter for a licensed premise. I 3.21 "Licensee's Application" means the application for a Commercial Cannabis Vusiness License submitted by Licensee to the CITY, a copy of which is attached as Attachment No. 3. 3.22 "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safell Act, codified as Business and Professions Code Section 26000 et seq., as may be amended fro' time to time. I 3.23 "Medicinal" with regard to cannabis or cannabis products means cannabis A cannabis products, respectively, intended to be sold or used for medicinal purposes as set fo in MAUCRSA. 11 91 •_„!.•__ 1 11 - 9 0-0 1 Page 5 of 35 &25 "Processing Fees" means the normal and customary application, filing, plan chec permit fees for land use approvals, design review, tree removal permits, building permit demolition permits, grading permits, and other similar permits and entitlements, and inspecti fees, which fees are charged to reimburse the CITY's expenses attributable to such application processing, permitting, review and inspection and which are in force and effect on a general bas at such time as said approvals, permits, review, inspection or entitlements are granted conducted by the CITY. 3.26 "Project" means the development of the Property contemplated by th AGREEMENT, as such Project may be further defined, enhanced, or modified pursuant to t %rovisions of this AGREEMENT. The Prblect, . I any and all entitlements, licenses, and permits related to the Project. 127 "Project Approvals" if applicable, means all other entitlements for the developmel of the Property in furtherance of the Project, including any and all conditions of approval, subje to approval or issuance by the CITY in connection with Project. "Project Approvals" also incluc both the Existing Project Approvals and the Subsequent Project Approvals approved or issued 1: the CITY that are consistent with this AGREEMENT. 3.28 "Project Development" if applicable, includes grading, construction or installatic of public and private facilities and the right to maintain, repair or reconstruct any private buildin! structure, improvement or facility after the construction and completion thereof; providei however, that such maintenance, repair, or reconstruction take place within the Term of th AGREEMENT on the Property. 3.29 "Project Plan" if applicable, means the Project Approvals and the Existing Lar Use Regulations applicable to development of the Property for the Project, as modified ar supplemented by Subsequent Project Approvals, 3.30 "Property" means the real property commonly known as and identified i Attachment No. 1, herein (common address, APN, and legal description of the Property), whic is incor"r 24t Oiqj#- to the Property subject to approval by the City Council of the CITY approval and all applicab - zoning and distance requirements. 3.31 "Reasonable" means using due diligence to accomplish a stated objective that t - subject party is capable of performing or providing under the circumstances in a manner that consistent with the intent and objectives of the AGREEMENT. 3.32 "Reservations of Authority" means the rights and authority excepted from t assurances and rights provided to LICENSEE under this AGREEMENT and reserved to the Cl as described in Section 4.4. 3.33 "Space or Canopy Space" means any space or ground, floor or other surface ar, (whether horizontal or vertical) which is used during the marijuana germination, seedlin vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitati any space used for activities such as growing, planting, seeding, germinating, lighting, warmin cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or dryi marijuana or any such space used for storing any cannabis, no matter where such storage m take place or such storage space may be located. Page 6 of 36 3.34 "State" means, collectively, the State of California and the Department of Cannabis Control • the State. 3.35 "Subsequent Project Approvals" if applicable, means all future discretionary approvals and all ministerial Project Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Project Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, • or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for theogradinf •" '.i' times and in such sequences as LICENSEE may choose consistent with the Project • this AGREEMENT. 3.36 "Subsequent Land Use Regulations" if applicable, means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this • The following documents are attached to and, by this reference, are made part of this AGREEMENT: No. 1 — Legal Description of the Property and/or Properties. No. 2 — Map showing Property and its or their location(s). No. 3 — CITY Cannabis Permit Application. No. 4 — Landlord Consent, see separate Property Owner Agreement. No. 5 — Personal Guaranty or Performance Bond, as appropriate. No. 6 -- Project Plan. No. 7 —Three years revenue projections from date of execution of AGREEMENT. No. 8 — Community Benefit Plan. No. 9 — California State License Type (11). 3.37 Binding Effect of AGREEMENT. The Property is hereby subject to terms and conditions of this AGREEMENT. Subject to LICENSEE's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this AGREEMENT, be carried out only in accordance with the terms of this AGREEMENT. 3.38 Ownership of Property; Landlord Consent. LICENSEE represents and covenants that it has a legal or equitable interest in the Property, as defined herein. In the event that LICENSEE is not the fee simple absolute owner of the Property, LICENSEE shall provide CITY with Landlord Consent. Owner shall execute the Property Owner Agreement with the CITY. Page 7 of 35 3.39 Term. The parties agree that the Term of this AGREEMENT shall b 'fte n e f years commencing on the Effective Date subject to the written extension and early te=inati provisions described in this AGREEMENT. Upon termination of this AGREEMENT, th AGREEMENT shall be deemed terminated and of no further force and effect, except terms tht are expressly stated in this AGREEMENT to survive termination without the need of furth documentation from the parties hereto. The LICENSE will expire at the close of the 15 th year a will require the LICENSEE to reapply with the CITY for a new LICENSE. 3.40 Extension of Term. This AGREEMENT may only be extended by mutual 2greement of CITY and LICENSEE in writing and signed by LICENSEE and the Mayor of the CITY. If the Mayor of CITY does not sign the AGREEMENT or renegotiated agreement any such agreement is null and void. 3.41 Termination, This AGREEMENT shall automatically terminate upon the happening of any of the following material events: (a) Revocation of License by the State and/or the CITY that prohibits the LICENSEE from operation of a commercial cannabis facility in the CITY; or (b) Abandonment and/or Surrender by LICENSEE of State and/or CITY License that abandons and/or surrenders the License to operate a commercial cannabis distribution facility in the CITY. 3.42 Effect of Termination. The automatic termination of this AGREEMENT (as set forth in section 3.41, above) shall constitute termination of all land use entitlements and permits approved for the LICENSEE and/or the Property. Upon the termination of this AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this AGREEMENT, which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this AGREEMENT. In the event of abandonment and/or surrender of License by LICENSEE, LICENSEE shall pay all fees due and payable to the CITY, up to date of abandonment and/or surrender. CITY shall immediately notify the State of any termination of this AGREEMENT. 3.43 Notices 3.43.1 Notice Defined. As used in this AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, repo acceptance, consent, waiver, appointment, or other communication required or permitt hereunder. I 3.43.2 Written Notice and Delive!y. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipie named below; or I Page 8 of 35 (ii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (ii) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the CITY: Chief Executive Officer I mrok", WH3L%WV'111.1 With •! to: 14403 E. Pacific Avenue If • LICENSEE: Baldwin Park Distribution, LLC 14030 Live •. Avenue Baldwin Park, CA 91706 with •• to: ^•. Department Stachs, LLC 2800 Third Street, Suite 202 San • CA 94107-3502 3A3.3 a•• Changes. Either party may, • • given at any time, require gubsequent notices to be given to another person or entity, whether a party or an officer or -epresentative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.44 Validity of this AGREEMENT. LICENSEE and the CITY each acknowledge th of any one or more provisions of this AGREEMENT. The parties acknowledge and agree th neither party shall allege in any administrative or judicial proceeding that the entering into or t performance of any obligations created in this AGREEMENT violates federal or state law, wi respect to all federal, state, and local statutes, ordinances, or regulations in effect as of t - Effective Date. I 3.45 Fee. Fee means the Community Benefits Fee and the Administrative Fee, set the CITY, negotiated with LICENSEE, at arms -length, to provide CITY commensurate •_ based on a private benefit conferred upon LICENSEE. Fee shall include CITY's cost to resear commercial cannabis and commercial cannabis laws and regulations, draft commercial cannab ordinance, conduct public meetings, negotiate development agreements, process application and any other acts taken by the CITY in furtherance of medical and adult commercial use cannabis. Page 9 of 35 with a bank that allows for payments to the CITY via company check, cashier's check, or mon order. Alternatively, LICENSEE, may wire funds and/or ACH directly to the CITY. 4.1 Right to Develop,. LICENSEE shall, subject to the terms of this AGREEMEN develop the Property with a commercial cannabis facility in accordance with and to the extent the Application. The Property shall remain subject to all Subsequent Project Approvals requir to complete the Project as contemplated by the Application. I 4.2 Effect of AGREEMENT on Land Use Regulations. Except as otherwise provided by this AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be th,-. Application. Provided, however, that in approving tentative subdivision maps, the CITY may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers, and drainage, having a nexus with the particular subdivision; provided, agreements and commensurate security to secure performance of LICENSEE's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project may t appropriate and mutually desirable. The CITY shall act on such applications, if any, in accordanc with the Existing Land Use Regulations, subject to the Reservations of Authority, or except e otherwise provided by this AGREEMENT. If approved, any such change in the Existir Development Approvals shall be considered an additional Existing Project Approval. 4A Reservations of Authority. Any other provision of this AGREEMENT to the contrai notwithstanding, the Project shall be subject to subsequently adopted ordinances, ....• •".. ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") c the following topics: (i) Processing Fees imposed by the CITY to cover the estimated or actual costs to the CITY of processing applications for the Project or for monitoring complianc with any requirements for approval, granted or issued, which fees are charged to reimburse th CITY's lawful expenses attributable to such applications, processing, permitting, review ar inspection and which are in force and effect on a general basis at such time as said approval! permits, review, inspection or entitlement are granted or conducted by the CITY. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and ar other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California an subsequently adopted by the CITY. Page 90 of 35 (iv) Regulations which may be in conflict with the Development Plan, but which are reas,& *ALr following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide LICENSEE with the rights and assurances provided in th AGREEMENT. I (b) That such regulations apply uniformly to all new development projects of the same uses within the CITY. (v) Regulations that do not conflict with the Project. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Project, includin without limitation, the permitted land uses, the density or intensity of use, the phasing or timing the Project, the maximum height and size of proposed buildings on the Property, provisions dedication of land for public purposes and Development Exactions, except as expressly permitt elsewhere in this AGREEMENT, and standards for design, development and construction of t Project; (b) do not prevent LICENSEE from obtaining any Subsequent Project Approval including, without limitation, all necessary approvals, permits, certificates, and the like, at su dates and under such circumstances as LICENSEE would otherwise be entitled by the Proje or (c) do not prevent LICENSEE from commencing, prosecuting, and finishing grading of the Ian constructin . ublic andgrivate improvements and o v the Provert,,,,,, or an*,gortion ccuWi=n, all at such dates and schedules as LICENSEE would otherwise be entitled to do so by t Development Plan, (vi) The CITY shall not be prohibited from applying Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the CITY be prohibited from denying or conditionally approving any Subsequent Project Applications on the basis of such Subsequent Land Use Regulations. 4.5 Other Public Agencies, It is acknowledged by the parties that other public aqenci not within the control of the CITY Xossess authoritur to rexiulate asycects of- the Pro�e se from or jointly with the CITY, including, but not limited to the Los Angeles County Heal Department, the Los Angeles County Fire Department, and the STATE. This AGREEMENT do not limit the authority of such other public agencies. The CITY shall reasonably cooperate wi such other public agencies processing Project Approvals. 46 Tentative Subdivision Map and Project Approvals Lifespan. The term of a tentative subdivisi pursuant to the provisions of the California Subdivision Map Act (Government Code 66410 seq.) All Project Approvals shall not expire if LICENSEE commences substantial construction the Project within one'(1) year from the Effective Date of this AGREEMENT. "Substanti Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. LICENSEE shall comply with any and conditions of approval for any entitlement, permit, or license it receives from the CITY. Page 11 of 35 4.8 Subsequent Entitlements. Prior to commencement of construction of the Projec LICENSEE shall be required to submit applications for any and all subsequent entitlements, any, consistent with the terms and conditions set forth in this AGREEMENT. 4.9 CITY Records Inspection. LICENSEE acknowledges and agrees that the CITY empowered to examine LICENSEE's books and records, including tax returns. The CITY has th power and authority to examine such books and records at any time, with forty-eight (48) houi written notice, including but not limited to, during normal business hours. If the CITY wishes I inspect the areas of the Property where the commercial cannabis is being distributed, CITY me do so at any time with no prior notice to LICENSEE. In addition, CITY agrees that all of il em IoyLAees or aLvents which ent�z�r imposed on LICENSEE's employees, including without limitation, the wearing of any clothing equipment to ensure that no pests or impurities shall enter the distribution areas. 4.10 Commencement of Proiect by LICENSEE. Within six (6) months after th execution of this AGREEMENT, LICENSEE shall commence the submittal of applications for an use entitlements, permits, etc. If LICENSEE fails to apply to CITY for entitlements, permits, etc within six (6) months from the execution of the AGREEMENT, CITY shall have the right i Termination of the AGREEMENT, and may avail itself of any other remedies, as set forth hereii The CITY, it its sole and absolute discretion, may grant extensions to the LICENSEE to comp with this subsection, provided the LICENSEE demonstrates a good faith attempt to seE entitlements, permits, etc, 4.11 Audit. LICENSEE acknowledges and agrees that the CITY is empowered to auc LICENSEE's books and records, including tax returns, at any time, with written notice of fort� eight (48) hours. F-11 Z4 I D] 4 5.1 Intent. The parties acknowledge and agree that the Project will result in substantiffli'l public needs and further acknowledge and agree that this AGREEMENT confers substanti private benefits on LICENSEE, which should be balanced by commensurate public benefit Accordingly, the parties intend to provide consideration to the community to balance the priv benefits conferred on LICENSEE by providing more fully for the satisfaction of the public nee resulting from the Project. The Parties further acknowledge and agree that theLICENSE confe substantial private benefits on the LICENSEE that will impose burdens on the CITY infrastructure, maintenance, repair, safety, services, traffic, noise, pollution, etc., and that t private benefits provided to the LICENSEE should be balanced with commensurate publ benefits for the community ("Community Benefits"). Nil X'VMn, f -m -F IN'triFT1720-71 ",TUTTSTY—eil Irle G*7111 flit My CA31 13111S f- larl are in ame .1, 01 Rp"It. into this AGREEMENT as if fully set forth in this AGREEMENT Attachment 8. The LICENSEE agrees that the Community Benefits Fee, which has been set by the City Council, is deemed fair and reasonable, and that full payment of such fees is required by LICENSEE under this AGREEMENT, Page 12 of 35 eacn MOM m 0 owing Re monin oT ine imilDposi ilon of the twenty-five (25%) penalty if ihe fees remain unpaid in whole or in part — up to a maximum of 100% of the fee payable on the due date. 5.4 Annual Community Benefits Fee. LICENSEE agrees to pay the CITY an annual Community Benefits Fee in the amount of three -hundred -fifty thousand dollars ($350,000.00), which is based upon the "Premises" as defined by the State. 5.5 Community Benefits Fee Schedule, The Community Benefits Fee is due and payable immediately upon issuance of the COO, as defined herein. 5.6 Reassessment of Community Benefits Fee. The Comm�unity Benefits Fee its subject to reassessment by the CITY every five (5) years, after execution of the AGREEMEN TJBUrf7#7MTWrr T11 MIT uotn-717 will be applied in years 11 through 15. No one factor is dispositive in the 717's determination the new Community Benefits Fee. for the purpose of reimbursing the CITY for any associated costs with processing the Project, detailed above and reimbursing the CITY for its actual costs incurred in drafting and processi this AGREEMENT. LICENSEE will be liable for the CITY's actual costs incurred in processi future Project approvals and/or applications. CITY acknowledges and agrees that this payment not merely a deposit but is a cap on the amount of the CITY's actual costs incurred in processi this AGREEMENT. 5.8 Personal Guaranty. LICENSEE shall execute a Personal Guaranty and/or secure a Performance Bond in favor of the CITY to secure the payment of all Fees associated with this AGREEMENT; the Community Benefit Fee in the amount of $350,000.00, which is due and payable upon issuance of the COO by the CITY, plus a one-time Administration Fee of $15,000, which is due and payable, in full, immediately upon execution of this AGREEMENT. 5.9 Possible Tax on Gross Receipts. In the event that an initiative is adopted by the voters of the CITY to impose a tax based on gross receipts or any other method of taxation, on LICENSEE to conduct commercial cannabis distribution in the CITY, LICENSEE shall only be responsible for payment of the Community Benefit Fee or a tax, but not both. Page 13 of 35 5.11 Financial Proiections. Three (3) years of Financial Projections will be provided with the AGREEMENT. Thereafter annual Financial Projections will be provided on the anniversary of the execution of this Agreement. 5.12 Jobs and Wage Creation. 5.12.1. Local Hiring. LICENSEE agrees to use its reasonable efforts to retain the services of qualified contractors and suppliers who are located in the CITY or who employ a significant number of CITY residents. The LICENSEE shall comply with the living wage requirement for all employees at the commercial cannabis facility. Unions shall be allowed and LICENSEE shall not discriminate against such union activity. 5.12.2Wage Creation, LICENSEE shall make good faith efforts to employ at least forty percent (40%) ;f the Project's workforce consisting of CITY residents. Job announcements shall be posted at CITY Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed, or distributed in the CITY and, is applicable, on various social media sites accessible to the general public. In addition, LICENSEE shall make a good faith effort to advertise job announcements at local job fairs and on local radio. 5.12.3 Status Reports. LICENSEE shall provide the CITY with written annual status reports to monitor compliance with this SectionStatus Report Form to be provided by CITY. 6.1 Transportation of Commercial Cannabis. Transfers of commercial cannabis goods into and out of the CITY may be completed by a duly licensed commercial cannabis distributor in compliance with MAUCRSA. 6.2 Distribution of Commercial Cannabis. LICENSEE shall distribute its commercial cannabis and commercial cannabis products through any duly licensed commercial cannabis distributor in compliance with MAUCRSA. 6.3 Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor's services, if applicable, I F-11:11[919 7.1 Periodic Review. The CITY Council shall have the option, in its sole and absolu discretion, to review this AGREEMENT every six (6) months, on or before each anniversary the Effective ate, in order to ascertain LICENSEE's good faith compliance with th AGREEMENT. During the Periodic Review, LICENSEE shall be required to demonstrate go faith compliance with all the terms and conditions of the AGREEMENT including good fai towards getting a Certificate of Occupancy, 7.2 Special Review. The CITY Council, in its sole and absolute discretion, may ord a special review of compliance with this AGREEMENT at any time. The CITY may also insp anx Pro2ertx of Dthe LICENSEE associated with the Pro I ect, at aw time without notice. The failul- MI M .71=0 Page 94 of 35 of this AGREEMENT and may result in the termination of this AGREEMENT, as originally agree or as modified. 7.3 Review Hearing, At the time and place set for the review hearing, LICENSEE shz be given an opportunity to be heard. If the CITY Council finds, based upon substantial evidenci A i6r0_LIJ%WJ_Q)W4- the CITY Council may: (a) terminate this AGREEMENT notwithstanding any other provision this AGREEMENT to the contrary, or (b) modify this AGREEMENT and impose such conditior - as are reasonably necessary to protect the best interests of the CITY. After the Review Hearin(, the decision of the City Council of the CITY shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or spe6 review, the CITY Council determines that LICENSEE is in compliance with this AGREEMEW the CITY shall issue a Certificate of Agreement Compliance ("Certificate") to LICENSEE statir that after the most recent Periodic Review or Special Review, and based upon the informatic known or made known to the City Council of the CITY, that (a) this AGREEMENT remains in fL force and effect and (b) LICENSEE is not in default. The CITY shall not be bound by a Certificai if a default existed at the time of the Periodic Review or the SXecWO 17 it L s concealed, or otherwise not known to the City Council of the CITY, regard0les'•f w ether �Ih Certificate is relied upon by assignees or other transferees or LICENSEE. 7.5 Failure to Conduct Review. The CITY's delay or failure to conduct a Period Review or a Special Review of this AGREEMENT shall not constitute a breach of th AGREEMENT. 7.6 Cost of Review. The costs incurred by CITY in connection with the Period Reviews or Special Review shall be borne by the CITY. The LICENSEE is not liable for any cosi associated with any CITY Periodic Review or Special Review of this AGREEMENT. ARTICLE 8. EVENTS OF DEFAULT. 8.1 Material Breach of this AGREEMENT. Any of the following events shall deemed an Event of Default and a material breach of this AGREEMENT: I 8.1.1 Final Judgment. The entry of a final judgment (or a decision on a appeal therefrom) voiding the CITY's General Plan or any element thereof, which judgment decision would preclude development of the Project, but only if the CITY is unable to cure su defect in the General Plan or element within one hundred and eighty (180) days from the later entry of final judgment or decision on appeal, 8.1.2 Payment of Fees. Failure to timely pay any fees to the CITY, as determined by the CITY in its sole and absolute discretion. 8.1.3 Land use entitlements, permits. Failure to apply for land use entitlements, permits, with the CITY and the State of California, Department of Cannabis Control, within six (6) months after execution of this AGREEMENT. The CITY will grant extensions upon written request and proof of progress in seeking entitlements, permits, etc, 8.1 A Certificate of Occul2ancy. Failure to move forward in good faith obtain a Certificate of Occupancy Page 15 of 85 81.5 Cure Period. In the event of any material breach of th AGREEMENT, the CITY shall mail a notice to LICENSEE, offering an opportunity to cure th breach, within twenty (20) days. Proof of the cure of the event MUST be presented within th twenty (20) days to CITY. Failure to cure within the time set forth herein, shall be grounds f(• Termination as set forth in Section 3.42, above, at the discretion of the CITY. ARTICLE 8. REMEDIES. 9.1 Remedies in General. It is acknowledged by the parties that the CITY would n( have entered into this AGREEMENT if it were to be liable in damages with respect to thi AGREEMENT or the Application thereof, except as hereinafter expressly provided. Subject I extensions of time by mutual consent in writing, failure, or delay by either party to perform ar, term or provision of this AGREEMENT shall constitute a default. 9.2 Event of Default. In the event of alleged default or breach of any terms or conditior of this AGREEMENT, the party alleging such default or breach shall give the other party thir (30) days' notice in writing specifying the nature of the alleged default and the manner in whic shall not be considered in default for purposes of termination or institution of legal proceedin except for the events detailed in section 3.7 wherein a ten (10) day notice is required to cure. 93 Legal or Eguitable-, Moneta!y Damages, In general, each of the parties hereto m through any state court, except that the CITY shall not be liable in monetary dam ges, unle expressly provided for in this AGREEMENT, to LICENSEE, to any mortgagee or lender, or to a successors in interest of LICENSEE if successors in interest are permitted under th AGREEMENT or mortgagee or lender, or to any other person, and LICENSEE covenants behalf of itself and all successors in interest, if successors in interest are permitted under th AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim a damages: For any breach of this AGREEMENT or for any cause of action which arises out of this AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this AGREEMENT, including, without limitation, any impairment or restriction which LICENSEE characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the Application or request for a permit for cultivation, manufacturing and/or distribution or interpretation or effect of the provisions of this AGREEMENT. 9.4 Waiver/Release of Claims, LICENSEE hereby agrees to waive and/or release thr-9 CITY for any claim or claims or cause of action, not specifically and expressly reserved here which LICENSEE may have at the time' of execution of this AGREEMENT relating to a Application to the CITY including, but not limited to, any Application for any type of cultivation manufacturing permit, any Application for any cultivation or manufacturing rights, or a Application for any cultivation or manufacturing license from the CITY. Page 15 of 35 The LICENSEE expressly acknowledges that this AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this AGREEMENT contemplates the extinguishment of any such Claim or Claims. The LICENSEE specifically acknowledges and waives and releases the rights granted to LICENSEE under California Civil Code Section 1542, which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. RUM inat iney'lARE15tant arlit a7rluultMse triat IT Mej, nal suffered any injury, damage as a result of the Application for or request for any permit from & CITY and (i) they are not presently aware of any damage or injury, or (ii) any damage or injui has not yet manifested itself, any claims for any such damage or injury are forever released ar discharged. 9.5 Reservation of Rights — CITY. Nothing herein shall modify or abridge any defenses or immunities available to the CITY and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. 96 Reservation of Rights — LICENSEE. Nothing contained herein shall modify abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting froi the exercise bo the CITY of i ' ower of eminpn-- main in "I . . . . . . . . . . . . w�haL171714101', or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting froi the grossly negligent or malicious acts of the CITY and its officials, officers, agents, ar employees. 9.7 Limitation of Rights. Except as set forth in the preceding paragraph relating I eminent domain, LICENSEE's remedies shall be limited to those set forth in this Section 8.. Section 8.2, and Section 8.3. 98 Specific Performance. The parties acknowledge that money damages ar remedies at law are inadequate, and specific performance and other non -monetary relief at particularly appropriate remedies for the enforcement of this AGREEMENT and should available to all parties for the following reasons: Except as provided in Section 8. 1, money damages are unavailable t against the CITY as provided in Section 8.1 above. (ii) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of th AGREEMENT has begun. After such implementation, LICENSEE may be foreclosed from oth choices it may have had to use the Property or portions thereof. LICENSEE has invest significant time and resources and performed extensive planning and processing of the Project Page 17 of 85 w w 61 w w w w w w w w w w w ww w w w w w w w w is -M- ecause F or is walvea Dy fffe—U-f-PTT1-ffh—e-G'frT terminates t IS A rTJ E94 I of LICENSEE'S default, then the CITY shall retain any and all benefits, including fees received by the CITY hereunder. 9.12 Additional Fees and Fines. Licensee shall be subject not only to the Fees due, as set forth in the AGREEMENT, but shall also be subject to an additional Collections Fee in the amount of the legal rate of interest is 10% of outstanding balance due to the CITY, which shall be due to the Collections Agency designated by the CITY for any and all collections efforts initiated by the CITY, if payment is not received within thirty (30) days after request from the CITY's designated collections agency. Additionally, the CITY shall seek termination of the AGREEMENT, which the CITY shall report to the Department of Cannabis Control of the State of California (DCC)." i.reTUNW!1:" Page 18 of 35 fevelop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid, inadequate, not in compliance with law, or that this AGREEMENT or any of the CITY's actions in adopting it, were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the AGREEMENT or any Project Approval is unenforceable based upon federal, state, or local statutes, ordinances, or regulations in effect on the Effective Date. 10.2 Hold Harmless Agreement. LICENSEE hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from LICENSEE or LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for LICENSEE or any of LICENSEE's contractors or subcontractors. LICENSEE agrees to and shall defend CITY and its elective and appointive from anj,�r suits or actions at law orin exI4,i for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 10.3 Indemnification, LICENSEE shall defend, indemnify and hold harmless the CITY and defend its officers ..1 ^n. and em lo ees a ainst and from an and all liabilities demands WWWWO141"IM-610"I'm t party challenge as described herein. In the event the CITY elects to contract with special counsel to provide for such a defense, the CITY may do so in its sole discretion and LICENSEE _�J&Ujp, CP "VJ_JjJ:P , PJP1 J; -L-R�EWSEE snall pay all cosis and an aflorneys Tees MOOD to MUM 10.4 Environmental Contamination. LICENSEE shall indemnify and hold the CITY, its officers, agents, and employees, free and harmless from any liability, based or asserted, upon any act or omission of the LICENSEE, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of CITY as successor to any portions of the Property dedicated or transferred to CITY by LICENSEE, for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, Page 19 of 35 including, but not limited to, soil and groundwater conditions, and LICENSEE shall defend, at ily, expense, including attorneys' fees, the CITY, its officers, agents, and employees, in any acti based or asserted upon any such alleged act or omission. The CITY may in its discreti participate in the defense of any such claim, action or proceeding. The provisions of this Secti 9.4 do not apply to environmental conditions that predate the LICENSEE's ownership or cont]r,. itfl'45 *64e-�ejytmied awelc&?Wy 11 -*Ta 81H'(AH,1Wd%a& the foregoing limitation shall not operate to bar, limit, or modify any of LICENSEE's statutory 0 equitable obligations as a LICENSEE or seller of the Property. I 10.5 CITY Selection of Counsel. With respect to Sections 9.1 through 9.4, the C11"O the CITY hereunder, which fees shall be paid by LICENSEE. 10.6 Acceptance of Reasonably Good Faith Settlement. With respect to this Article 9, the CITY shall not reject any reasonably good faith settlement. Before accepting any such settlement offer, CITY shall notify LICENSEE of the offer and provide LICENSEE with a copy of the settlement offer. If LICENSEE disagrees with the CITY's intention to accept the offer, prior to the CITY's response to any offer, the parties shall meet and confer, in good faith, in order to attempt to resolve the parties' differences. If the CITY does reject a reasonable, good faith settlement that is acceptable to LICENSEE, LICENSEE may enter into a settlement of the action, as it relates to LICENSEE, and the CITY shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. LICENSEE and the CITY expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the CITY's police powers, limits the CITY's exercise of its police powers, or affects the conduct of the CITY's municipal operations. 10.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with LICENSEE's development, operation and use of the Property (collectively, "Actions"). The CITY shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice." If any Action is brought by either the Federal or State Government, CITY shall immediately notify LICENSEE of the nature of the Claim including all correspondence or documents submitted to the CITY. Prior to responding to the Governmental Notice, CITY shall provide LICENSEE ten (10) days from the date of such notice subpoena or the like to serve and obtain on the CITY a protective order, or the like, from a court of competent jurisdiction. 108 Survival. The provisions of Sections 9.1 through 9.7 inclusive, shall survive th-1 termination or expiration of this AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. Page 24 of 35 ff: I W 1-14 EMMMIN an IMEasTawl-11 _#TP_i1_T9_ZM NOWWWro iNK-2 USIF-re-W-NA I Wl a I 211CV-11M ORR kyj IR Lis W1 W -I 1211916 C MUTF11 - MU =-I Now OF W13' P01 -110r] Irlef-eUT lj�_D_T 1r19W OULB JF device securing financing with respect to the Property. 11.2 Lender Requested Mod ification/I nterpretation. The CITY acknowledges that the lenders providing such financing may request certain interpretations and modifications of this AGREEMENT and agrees upon request, from time to time, to meet with LICENSEE and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit CITY's rights under this AGREEMENT. Non -Transferable Without CITY Approval. This AGREEMENT and any permits, licenses, entitlements, and related benefits, cannot be sold or transferred without prior written approval by the City Council of the CITY. No new LICENSEEs shall be permitted without prior written approval by the CITY. Page 21 of 85 12.4 Interpretation and Governing Law. Any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State • • This AGREEMENT shall •- construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this AGREEMENT, since all parties were represented by counsel in the negotiation and preparation of this AGREEMENT, and/or were advised to consult counsel and had the opportunity to obtain counsel for the negotiation and preparation of this AGREEMENT. 12.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. 12.6 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of Project entity. 12.7 Time of Essence. Time is of the essence in the performance of the provisions of this AGREEMENT as to which time is an element. 12.8 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this AGREEMENT thereafter. 12.9. No Third -Party Beneficiaries, The only parties to this AGREEMENT are LICENSEE and the CITY. This AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third -party beneficiaries, and this AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 12.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 12.11. Counterparts. This AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. Page 22 of 35 12.12. Jurisdiction and Venue. Any action at law or in equity arising under this AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto � 62!!F waive all A;i change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 12.13 Proiect as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this AGREEMENT. No partnership, joint venture or other association of any kind is formed by this AGREEMENT. The only relationship between the CITY and LICENSEE is that of a government entity regulating the development of private property and the LICENSEE of such property. 12.14 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this AGREEMENT and the satisfaction of the conditions of this AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this AGREEMENT to carry out the intent and to fulfill the provisions of this AGREEMENT or to evidence or consummate the transactions contemplated by this AGREEMENT. 1Z15 ' Eminent Domain. No provision of this AGREEMENT shall be construed to limit or restrict the exercise by the CITY of its power of eminent domain. 12.16 Agent for Service of Process. In the event LICENSEE is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then LICENSEE shall file, upon its execution of this AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and Project n! .......... Page 23 of 35 AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this AGREEMENT and naming the officers that are authorized to execute this AGREEMENT on its behalf. Each individual executing this AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (1) The individual is authorized to execute and deliver this AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 12.18 Nexus/Reasonable Relationship Challenges. LICENSEE agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the Project on the CITY and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this AGREEMENT including, without limitation, any claim that the terms in this AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 12.19 No Damages Relief Against CITY. The parties acknowledge that the CITY would not have entered into this AGREEMENT had it been exposed to damage claims from LICENSEE, its agents, officers, employees, or anyone acting on behalf of LICENSEE for any breach thereof. As such, the parties agree that in no event shall LICENSEE, or LICENSEES' 2gents, officers, employees, partners, or anyone acting on behalf of LICENSEE be entitled to recover damages against CITY for breach of this AGREEMENT. 12.20 Laws. LICENSEE agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, LICENSEE further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, LICENSEE agrees to comply with all applicable provisions of BPMC. 12.21 Compliance with Conditions of Approval. LICENSEE agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the CITY. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. Page 24 of 35 12.22 Consistent with State and Federal Regulations. The CITY acknowledges that this AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this AGREEMENT shall govern the conduct of the property under such future regulations. 12.23 Compliance with Applicable Laws. LICENSEE shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out its obligations under this Agreement. 12.24 Necessary Acts. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of the Agreement and the intent of the Parties to the Agreement, 12.25 Consultation with Counsel. The Parties have entered and executed this Agreement freely and voluntarily based on their own independent judgment, after consultation with their respective counsel, and without duress, coercion, or undue influence of any kind. 12,26 Superseding Clause. This AGREEMENT supersedes any and all other agreements or contracts, either oral or written, between the parties with respect to the subject matter herein. Page 25 of 35 IN WITNESS WHEREOF, the parties, hereto have caused this AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By: Emmanuel J. Estrada, Mayor BALDWIN PARK DISTRIBUTION, LLC By: 12 -M 10q PDT) Cory Azzalino, COO ATTEST. By: City Clerk Approved as to Form: By: Julia Sylva, Special Counsel Commercial Cannabis Activity, City of Baldwin Park Approved as to Form: By: ZfO522 11 .S�VDT Dan Kramer, Interim General Counsel, EAZE Technologies, Inc., parent company to Baldwin Park Distribution, LLC Page 26 of 36 Page 27 of 36 MMMLWM r �� �, ��� �7 � ,� �� ���., "' s • OMMIUMM The City of Baldwin Park will establish a "Community Benefit Fund" to allocate a portion of Community Benefit Fee to support community-based programs and activities in the City. The City will adopt a policy to provide guidelines and procedures for the distribution of these public funRs, Page 34 of 35 -T -My M-ERNMMMM • Move cannabis and cannabis products between cultivation, manufacturing or distributi premises • Move finished cannabis goods to retail premises • Provide storage services to other licensees • Arrange for testing of cannabis goods I Distribution of medical cannabis and medical cannabis products from manufacturer tt A Type 11 licensee shall hold a Type 12, or transporter, license and register each location where product is stored for the purposes of distribution. A Type 11 licensee shall not hold a license in a cultivation, manufacturing, dispensing, or testing license category and shall not own, or have an ownership interest in, a facility licensed in those categories other than a security interest, lien, or encumbrance on property that is used by a A Type 11 licensee shall be bonded and insured at a minimum level established by the licensiniv (Authorities: California Code of Regulations, Section 15100, et seq., and Business and Professions Code Sections 26013 and 26070) Page 35 of 35 Vicinity Map LOCATION: 14030 Live Oak Avenue CASE NUMBER: CCA 21-01 DATE: : 202i ST SUMMARY ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: May 18, 2022 SUBJECT: Authorization to Apply for the Notice Funding for Cities and Councils of Governments Interim Housing Services Fund (CCOGIHS Fund) for Esperanza Villa Tiny Home Village Year Two (2) Grant The purpose of this staff report is to request authorization to apply for the Notice of Funding for Cities and Councils of Governments Interim Housing Services Fund (CCOGIHS Fund) for Esperanza Villa Year Two (2) Grant. RECOMMENDATION Staff recommends that the City Council: 1. Authorize to Apply for the Notice of Funding for Cities and Councils of Governments Interim Housing Services Fund (CCOGIHS Fund) for Esperanza Villa Year Two (2) Grant; and 2. Authorize the partnership with San Gabriel Valley Council of Governments (SGVOG) to submit joint grant application; and 3. Authorize the Director of Recreation and Community Services to submit grant application and execute any necessary documents associated with the grant. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. BACKGROUND The Los Angeles County ("County") Board of Supervisors ("Board") recognizes the importance of supporting cities and Councils of Governments ("COGs") across the County to strengthen the region's homeless housing and services system. As such, the Board directed the Chief Executive Office Homeless Initiative ("CEO -HI") to create a $10 million Cities and Councils of Governments Interim Housing Services ("CCOGIHS") Fund to support services at interim housing projects located in local jurisdictions to create a pathway for people experiencing homelessness ("PEH") to secure permanent housing. The County will be allocated State of California Homeless Housing, Assistance, and Prevention Program Round 3 ("HHAP 3") funding. HHAP 3 provides flexible block grant funds to Continuums of Care, large cities with populations of 300,000 and above, and counties to build on the regional coordination created through previous California Homeless Coordinating and Financing Council grant funding and supports local jurisdictions in their unified regional responses to reduce and end homelessness. On April 6, 2022, the Board approved allocating $10 million of the County's HHAP 3 funds to the CCOGIHS Fund. The CCOGIHS Fund will be used to provide grants to cities and COGS in the County that need financial support to provide services at interim housing sites. CCOGIHS Funds must be expended by June 30, 2024. The San Gabriel Valley Council of Governments (SGVCOG) in partnership with the City of Baldwin Park intend to submit a joint application for operational funding to support site operation at Esperanza Villa, including 24/7 staffing and services at the site. The San Gabriel Valley Regional Housing Trust (SGVRHT) contracted Volunteers of America Los Angeles (VOALA) to operate the site beginning in November 2021 with two (2) optional one-year extensions. The SGVRHT will execute an extension if CCOGHIS Funds are awarded, enabling Esperanza Villa to operate from November 30, 2022, to November 30, 2023. The grant amount is for $730,000 to cover the one-year extension. VOALA provides 24/7 staffing including safety monitors who ensure secured entry to the site, resident aides who assist clients with their individual needs, and case managers that connect clients to permanent housing and additional resources including health, job training, and financial services. VOALA also provides three meals to clients daily as part of their contract with SGVRHT. In accordance with CCOGIHS requirements, Esperanza Villa will continue to provide interim housing with 24/7 supportive services; VOALA will ensure that the site maintains 95% occupancy rate and a minimum of 40% of program exits are to permanent housing. The CCOGHIS Funds support a daily bed rate or $80/night. The current nightly bed rate at Esperanza Villa is just under $88/night. If funded the SGVCOG, and SGVRHT most likely can fund the additional nightly bed cost of about $8/night or approximately $73,000 for the November 2022 to November 2023 term. If necessary, Staff can seek direction at a subsequent City Council Meeting. The Esperanza Villa Tiny Homes project aligns with the City of Baldwin Park's Five -Year Homeless Plan strategies that aim to: • Coordinate Local Efforts to Respond to Homelessness • Help Prevent Individuals from Becoming Homeless • Connect Case Management and Services to the Coordinated Entry System • Expand Access to Workforce Development Programs to Increase Employment • Explore Opportunities to Increase the Number of Units of Affordable/Supportive Housing To access funding, the San Gabriel Valley Council of Governments & City of Baldwin Park are required to comply with the grant guidelines below that include: HHAP Round 3 requirements, Program Outcomes Consistent with Health and Safety Code Section 50220.7(b)(3)(C)(i), the outcome goals must set definitive metrics for achieving the following: 1. Reducing the number of persons experiencing homelessness. 2. Increasing the number of people exiting homelessness into permanent housing. 3. Reducing the number of persons who return to homelessness after exiting homelessness to permanent housing. 4. Homeless Management Information System trackable data goals related to the outcome goals listed above as they apply to underserved populations and populations disproportionately impacted by homelessness. In addition, the CCOGIHS Fund recipients must be willing and capable of providing the services detailed herein. 1. Interim Housing Overview Interim housing provides a safe, low -barrier, housing first, housing - focused, and supportive twenty-four (24) hour housing to PEH, while they are working on locating, applying to, and obtaining their permanent housing. Due to the grant guidelines, the current background process will have to be terminated upon the beginning of the grant cycle on November 30, 2022, if approved, to comply with the low barrier, housing -first, and housing focused best practice approaches. 2. Target Client Population a. Individuals and families who are experiencing homelessness. Participants must be determined to be homeless Categories 1 and 4 according to the U.S. Department of Housing and Urban Development's Final Rule on "Defining Homeless" (24 CFR parts 91, 576 and 578) or would be experiencing homelessness upon exiting an institution. b. Local preference is allowed. Interim housing beds may be prioritized, but not be restricted, to serve clients within city/COG boundaries. The County homeless system has primarily taken a regional funding approach in addressing homelessness on a Service Planning Area level. CCOGIHS recipients are required to coordinate with CEO -HI, or designee, on a procedure to make beds available regionally when occupancy falls below 95%. c. To allow cities to prioritize their constituents without diverting resources from the region as a whole, the below prioritization process may be employed: 3. Interim Housing Bed Rate the CCOGIHS Fund will fund a maximum of $80 per bed per day. Cities and COGs will need to provide/secure funding for any costs above this amount. 4. Performance Targets a. A minimum of 40% of program participants must exit to permanent housing at time of program exit. b. Interim housing site must maintain an overall 95% bed occupancy rate for each month of operation beginning 30 days after the CCOGIHS funded beds are opened. ALTERNATIVES The City Council may choose not to approve the partnership and authorization to apply for the grant. ATTACHMENTS 1.Notice of Funding for Cities and Councils of Governments Interim Housing Services Fund (CCOGIHS Fund) Grant COUNTY OF LOS ANGELES [1�0 0 t CITIES AND COUNCILS OF GOVERNMENTS INTERIM HOUSING SERVICES FUND Release Date: April 7, 2022 Initial Application Due Date: May 25, 2022 Final Application Due Date: February 28, 2023 or until funds are exhausted, whichever occurs first. Proposals that are submitted after the Initial Application Due Date and before the Final Application Due Date will be evaluated at the end of each month starting June 30, 2022. Homeless Initiative Chief Executive Office 500 West Temple Street Los Angeles CA 90012 HomelesslnitiativeCities@lacounty.gov Table of Contents Cities and Councils of Governments Interim Housing Services Fund (CCOGIHS Fund) I. Notice Of Funding Availability 11. Los Angeles County Chief Executive Office Homeless Initiative Ill. Eligible Applicants IV. Program Requirements A. Program Outcomes B. Eligible Uses C. Ineligible Uses D. Scope Of Proposed Projects E. Monitoring, Documentation And Reporting V. Funding Prioritization VI. Proposal Submission A. Pre -Submission Engagement Session B. Proposal Submission Instructions C. Application and Funding Timeline EXHIBIT I: CCOGIHS Fund Description of Services Exhibit II: CCOGIHS Fund Application Template Exhibit 111: CCOGIHS Fund Budget Template I. NOTICE OF FUNDING AVAILABILITY The Los Angeles County ("County") Board of Supervisors ("Board") recognizes the importance of supporting cities and Councils of Governments ("COGs") across the County to strengthen the region's homeless housing and services system. As such, the Board directed the Chief Executive Office Homeless Initiative ("CEO -HI") to create a $10 million Cities and Councils of Governments Interim Housing Services ("CCOGIHS") Fund to support services at interim housing projects located in local jurisdictions to create a pathway for people experiencing homelessness ("PEH") to secure permanent housing. The C ounty will be allocated State of California Homeless H ousing, A ssistance, and Prevention Program Round 3 ("HHAP 3") funding. HHAP 3 provides flexible block grant funds to Continuums of Care, large cities with populations of 300,000 and above, and counties to build on the regional coordination created through previous California Homeless Coordinating and Financing Council grant funding and supports local jurisdictions in their unified regional responses to reduce and end homelessness. On [insert date] the Board approved allocating $10 million of the County's HHAP 3 funds to the CCOGIHS Fund. The CCOGIHS Fund will be used to provide grants to cities and COGS in the County that are in need of financial support to provide services at interim housing sites. CCOGIHS Funds must be expended by June 30, 2024. I. LOS ANGELES COUNTY CHIEF EXECUTIVE OFFICE HOMELESS INITIATIVE The Chief Executive Office (CEO) Homeless Initiative (HI) is the central coordinating body for the C ounty's of forts r elated to homelessness an d i t di rects, o versees, a nd ev aluates the implementation of strategies approved by the Board of Supervisors to combat homelessness. CEO -HI will administer the CCOGIHS Fund. More information about CEO -HI can be found at https://homeless.lacounty.gov/ 111. ELIGIBILE APPLICANTS All cities and COGs within the County of Los Angeles that do not directly receive State HHAP funds are eligible to apply. Eligible applicants may apply jointly with one or more eligible applicants. The cities of Glendale, Long Beach, Los Angeles and Pasadena receive direct HHAP awards and are not eligible to apply for CCOGIHS Funds. Applicants must be able to meet all HHAP Round 3 requirements to be considered for CCOGIHS Funds. HHAP requirements may be viewed at https://bcsh.ca.gov/calich/hhap prog_ram.html. I11. PROGRAM REQUIREMENTS Consistent with HHAP Round 3 requirements, the proposed programs must meet the below requirements. A. Program Outcomes Consistent with Health and Safety Code Section 50220.7(b)(3)(C)(i), the outcome goals must set definitive metrics for achieving the following: 1. Reducing the number of persons experiencing homelessness; 2. Increasing the number of people exiting homelessness into permanent housing; 3. Reducing t he num ber of per sons w ho r eturn t o ho melessness a fter ex icing homelessness to permanent housing; 4. Homeless M anagement I nformation S ystem t rackable dat a goal s related t o t he outcome goals listed above as they apply to underserved populations and populations disproportionately impacted by homelessness. B. Eligible Uses: Consistent with Health and Safety Code Section 50220.7(e)(2), applicants may apply for funding to expand or develop local interim housing capacity to address homelessness and m ove P EH i nto pe rmanent hou sing. P rograms and ac tivities must be bas ed on evidence -based solutions that prevent, reduce and end homelessness. Examples of eligible uses include: Operating Cost such as: • Client food cost • Space Cost • Utilities • Maintenance/Repair • Security • Restrooms and Showers 2. Supportive Services such as: • 24-hour bed availability • Housing navigation • Residential supervisor • Crisis intervention • Problem solving • Housing placement C. Ineligible Uses: The following are NOT eligible for reimbursement: • Supplantation of existing local funds • Capital -related costs • Activities in violation of any law • Activities not consistent with the intent of HHAP 3 or CCOGIHS Funds • Activities not consistent with the eligible uses identified in Health and Safety Code Section 50220.7, subdivision(e)(2). D. Scope of Proposed Projects CCOGIHS Fund recipients must be willing and capable of providing the services detailed herein. CCOGIHS Fund recipients must also be able to provide the full scope of interim housing services listed in Exhibit I (Description of Services) either as a single entity, joint venture, or consortium of entities. CCOGIHS Funds must be fully expended by June 30, 2024. 1. Interim Housing Overview Interim housing provides a safe, low -barrier, housing first, housing -focused, and supportive twenty-four (24) hour housing to PEH, while they are working on locating, applying to, and obtaining their permanent housing. 2. Target Client Population a. Individuals and families who are experiencing homelessness. Participants must be determined to be homeless Categories 1 and 4 according to the U.S. Department of Housing and Urban Development's Final Rule on "Defining Homeless" (24 CFR parts 91, 576 and 578) or would be experiencing homelessness upon exiting an institution. b. Local preference is allowed. Interim housing beds may be prioritized, but not be restricted, to s erve c lients w ithin c ity/COG boun daries. The C ounty ho meless system has primarily taken a regional funding approach in addressing homelessness on a Service Planning Area level. CCOGIHS recipients are required to coordinate with CEO -HI, or designee, on a procedure to make beds available regionally when occupancy falls below 95%. c. To allow cities to prioritize their constituents without diverting resources from the region as a whole, the below prioritization process may be employed: • Pre -site opening — Develop a by -name list of eligible clients within the city to ensure that a queue of clients i s prepared to enter the interim hous ing upon opening. • Post -site opening o Fill interim hous ing beds ut ilizing t he city's b y -name list t o t he extent possible. o Any remaining vacant beds must be prioritized in the following order: • Other clients located in the city, but not on the by -name list • Clients experiencing homelessness in the sub -SPA region, if applicable • Clients experiencing homelessness in the SPA • Turnover beds shall be allocated utilizing the same prioritization approach • Beds may not be kept vacant in order to house a City or COG PEH. 3. Interim Housing Bed Rate The CCOGIHS Fund will fund a maximum of $80 per bed per day. Cities and COGs will need to provide/secure funding for any costs above this amount. 4. Performance Targets a. A minimum of 40% of program participants must exit to permanent housing at time of program exit. b. Interim housing site must maintain an overall 95% bed occupancy rate for each month of operation beginning 30 days after the CCOGIHS funded beds are opened. E. Monitoring, Documentation and Reporting All CCOGIHS Fund recipients must be able to demonstrate that the funds were expended for eligible uses to benefit members of the target population. The following must be reported to the County: 1. Specific us es and ex penditures of any p rogram f unds broken ou t by el igible us es listed; 2. Number of individuals and families served, including demographic information; 3. Types of housing assistance provided, broken out by the number of individuals; 4. Outcome data for all individuals served including number and type of exits from interim housing ( exit to hous ing by hous ing t ype such as per manent housing, exit to institution -by -institution type, ex it to interim housing settings, exit des tination unknown, etc.). 5. The number of individual exits to permanent housing from interim housing resulting from this funding 6. Partnerships among entities that supported the implementation of the proposed project; and, 7. Equity goals and outcomes measures to ensure racial and gender equity in service delivery and housing placements, and changes to procurement or other means of affirming racial and ethnic groups that are overrepresented among residents experiencing homelessness have equitable access to housing and services. A monthly reporting template that captures the above data elements will be included in the CCOGIHS contract with entity that is awarded funding. This report maybe submitted along with monthly invoices. IV. FUNDING PRIORITIZATION The funding prioritizations will include, but not be limited to: 1. Project with high level of readiness that can be operable by July 2022. 2. Projects that i ncorporate r acial equi ty by es tablishing m etrics and pe rformance a nd monitoring for achieving equity in provision of services and outcomes for Black, Native, Indigenous, La tinx, Asian, P acific Islanders a nd of her P eople o f Color w ho ar e disproportionately impacted by homelessness and COVID-19. 3. Projects that establish a mechanism for people with lived experience of homelessness to hav e meaningful and pur poseful oppo rtunities t o i nform and s hape all I evels of planning and implementation, including through opportunities to hire people with lived experience. 4. Projects that have matching contributions (financial and/or in-kind). 5. Projects that have a multi-year operational plan. 6. Projects that directly link clients to permanent housing exits, i.e., demonstrate a direct pathway to permanent housing via efforts such as rapid re -housing, matching Housing Choice Vouchers/Emergency Housing Voucher clients to scattered site housing, master leasing, etc. 7. Projects that support expansion in the permanent housing capacity, i.e., supporting the development o f new permanents upportive housing within the c ity/COG and collaborating with property owners within the city/COG to secure scattered site units and master leases for PEH. V. PROPOSAL SUBMISSION A. Pre -Submission Engagement Session Applicants must engage with CEO -HI on their proposed project including outcome goals before submitting an application. In these engagement sessions, CEO -HI staff will discuss with the applicant their project proposal and outcome goals. CEO -HI will provide initial feedback on s pecific as pects o f the plan and goal s. Please email HomelessInitiativeCities@lacounty.gov to schedule an engagement session. B. Proposal Submission Instructions Please submit your proposals electronically by e mailing HomelesslnitiativeCities@lacounty.gov. Use the f ollowing f ormat i n t he s ubject I ine: CCOGIHS Fund Proposal — City of XXX or XXX COG. Required documents include: 1. A signed cover letter on letter head from the sponsoring city or COG indicating its support for the proposed project 2. Completed Application form (Exhibit II) 3. Completed budget template (Exhibit III) 4. Site Control Documentation — fully executed lease or proof of ownership. If the project is a pi anned s ite, other documents t hat are us ed f or real es tate transactions m ay suffice 5. A current Temporary/Certificate of Occupancy that indicates appropriate use. If the project is a planned site, it must be submitted prior to the contract execution. 6. Copy of a valid Fire Department Permit for the proposed building use. If the project is a planned site, it must be submitted prior to the contract execution. C. Application and Fund Timeline April 7, 2022 Announcement of funding opportunity and release of application templates April 14, 2022 — Engagement with CEO -HI staff May 16, 2022 May 25, 2022 Initial Applications due date — 1St cutoff deadline February 28, Final application due date or until funds are exhausted, whichever 2023 occurs first. Proposals that are submitted after the Initial Application Due Date and before the Final Application Due Date will be evaluated at the end of each month starting June 30, 2022. June 30, 2024 CCOGIHS Funds must be expended. EXHIBIT I CITIES AND COUNCILS OF GOVERNMENTS INTERIM HOUSING SERVICES FUND DESCRIPTION OF SERVICES The t erm "Grantee" s hall appl y t o t he C ounty contractor (cities and C OGs) ope rating i nterim housing or its sub -contractor that must fulfill the below scope of work. A. Purpose Grantee shall provide a full range of interim housing services in accordance with Housing First and Trauma Informed Care principles to facilitate clients' exit to permanent housing. For background information, refer to the below briefs that explain the foundational concepts of a homelessness response system: • Housing First: A Core System Philosophy in LA's Homeless Services Delivery • Trauma -Informed Care: A Core System Approach to the Los Angeles Homeless Services Delivery B. Specific Tasks Coordinated Entry System a. Use the Coordinated Entry System (CES) - Interim Housing Program is an integral part of t he C ES, w hich w as created to ens ure c onsistent app roaches for ac cess t o, and delivery of, services in Los Angeles County. Therefore, Interim Housing Programs must work in collaboration with the CES. b. Utilize the population -appropriate LA County CES Triage Tool to determine eligibility for and connection to the appropriate housing intervention. c. Grantee must document the participant's homeless status in the Homeless Management Information System (HMIS). 2. Supportive Services and Activities Grantees or contracted service provider providing housing services and assistance must provide those services specifically needed by, and requested by, each participant. Interim housing services are provided either directly by Grantee or through subcontracted services arrangements. Each participant must be individually assessed for the types of services needed. The services that must be provided are listed below but are not limited to this list. a. Direct Support Services • Twenty-four (24) hour bed availability • Housing Navigation (for participants not receiving Housing Navigation services from another program) • Case Management • Residential Supervision • Crisis Intervention and Conflict Resolution • Security (vendor or Grantee's employee) • Meals (three per day) • Restrooms and Showers b. Problem Solving (aka Diversion) The first conversation upon entry should be to assess for the possibility of Diversion so as to assist the person to self -resolve their housing and/or make reasonable efforts to re- connect with supportive family and/or friends who could temporarily or permanently house the participant, rather than reside in the interim housing. • If r esources are need ed to s uccessfully di vert a per son f rom en try i nto t he homelessness s ystem, a referral must i mmediately be m ade t o a C ES Diversion/Prevention pr ogram ( when av ailable) or a r equest c an be made to us e Problem Solving Assistance Funds. • In order to identify other permanent housing options, Grantee should continue to have Problem Solving conversations with the participant while residing in interim housing. d. Program Intake: Grantee must allow for intake of new participants at least five (5) days a week during regular business hours and as long as beds are available. Local preference is allowed. Interim housing beds may be prioritized, but not be restricted, to serve clients within city/COG boundaries. Vacant beds will be made available regionally. 3. Case Management Housing -Focused Case Management Services are provided by interim housing staff to assist participants in moving forward in accessing permanent housing through referrals to housing programs (such as Rapid Re -Housing, Permanent Supportive Housing, affordable housing, etc.) The primary objective of Housing -Focused Case Management/ Support Services is to extend support to participants through an individualized case management relationship, that will ultimately translate to increased housing stability. This includes but is not limited to support w ith c ompleting hous ing a pplications, a ccompanying t he pa rticipant to hous ing appointments and/or leasing appointments, and other support associated with the housing placement process. a. Grantee must provide Housing -Focused Case Management that is offered in accordance with Housing First and Trauma Informed Care principles, to assist the participant either to self -resolve their housing Interim and/or be connected to a permanent housing provider. b. Grantee must document the content and outcome of case management meetings with participants as case notes under the designated program in HMIS. c. To maintain the momentum of participants' progress towards obtaining permanent housing, the Grantee must offer case management services to each participant at least two (2) times pe r month. The frequency of how of ten c ase management services i s offered t o eac h pa rticipant c an be i ncreased d epending on need and av ailability. A II efforts on behalf of the Grantee to engage a participant in case management services should be documented in HMIS as well as the response from the participant. d. Case Management Ratio: Grantees are recommended to maintain a ratio of at least one (1) staff to every twenty-five (25) participants for optimal service delivery. e. Caseloads should be determined through consultation between line and supervisory staff while ex amining t he I evel of ac uity/need, the a mount of c ontact that is needed t o successfully engage the household, and the length of time needed to meet participants where they reside. 4. Housing and Services Plan a. Following i ntake and as sessment, interim housing Case M anagers m ust develop a Housing and Services Plan in coordination with the participant. b. Monthly U pdate: Case Managers are required to document the participant's progress towards achieving the goals established in their Housing and Services Plan as a case note in HMIS at least one (1) time per month. All HSP goals must be referenced and the progress made on each goal must be provided within each monthly case note. c. Progress and engagement towards housing goals must be documented and reviewed every 90 days to remain eligible. d. Housing N avigation S ervices: If a p articipant i s not as signed a H ousing N avigator, Grantee must provide Housing Navigation services to participants to support their housing placement goals. Housing Navigation services may be provided on-site and may also require participants' to be accompanied to off-site appointments. e. Housing Navigation services must be focused on assisting the participant in identifying and accessing permanent housing, within their realistic budget, ideally within the initial ninety (90) days of their enrollment into the Interim Housing Program. f. Programs shall assist participants with a range of funded and leveraged activities that address the participants' goals (as stated in their Housing and Service Plans including but not limited to: • Assistance obtaining identification and other documents that are required for securing permanent housing. • Enrollment in eligible mainstream resources (Temporary Assistance for Needy Families, Social Security Disability Insurance and Supplemental Security Income, health insurance, public benefits, etc.) • Connections to substance abuse, mental health, physical health, employment and vocational, educational services, legal assistance, money management subsidized childcare, food resources as well as life skills coaching. Programs shall also make efforts to provide participants reasonable access to phone and transportation resources. • When a referral is made to any community service, case managers shall provide a warm handoff and a follow up to ensure the linkage has been made. 5. Exiting Participants Grantee must develop clear Policies and Procedures for exiting participants from the Interim Housing Program. a. Grantee must exit the participant from enrollment in interim housing when the following conditions are met: • Participant is successfully placed into permanent housing. • Participant relocates outside of Los Angeles County. • Participant is enrolled in another interim housing program or Transitional Housing Program. • Reunification services are utilized or the par ticipant s elf -resolves t heir housing situation. • Participant is deemed a risk to the safety of the Grantee's staff, or other participants. • Participant will be hospitalized or incarcerated for seven consecutive days or more. • Participant that misses three (3) consecutive nights with unapproved absence (that is, upon missing check-in for the third night in a row). If the participant returns for services after bei ng exited, efforts m ust be made to add ress the pa rticipant's n eeds and r e - enroll into interim housing. b. Grantee must NOT exit a Participant from interim housing for the following reasons: For missing check-in for two (2) consecutive nights (they can be exited if they fail to show on the 3rd night); Active substance use; Failure to have an income; Active health issues; Mental health conditions; Failure to abide by personal budget; Non-compliance with Housing and Services Plan; or Medication non-compliance." c. Grantee should re -enroll participants that have been exited due to unapproved absences if a bed is available. d. When the participant has been successfully linked to a permanent housing program, Grantee must work collaboratively with the Permanent Housing Provider to facilitate a quick and successful transition that is not disruptive to the participant. 6. Exit Plan Grantee must complete an Exit Summary Plan Form for all exited participants. a. Exit Plans for participants not entering Permanent Housing placement should include referrals and linkages to other interim housing resources, with a warm hand-off (i.e., documented transition between providers) that show a smooth transition from interim housing was made. b. Grantee must complete the program exit page in HMIS indicating where the participant has "exited to." "Unknown destination" entries in HMIS are to be discouraged. Exits must be entered in HMIS at the time of their exit. (If new information about a participant's exit destination becomes available after they've been exited from the program, Grantee should proceed with updating the exit destination on the program exit page in HMIS.) 7. HMIS Data Collection and Participation Requirement In order to provide well -coordinated support for households and manage the limited resources available in the CoC, Grantees must utilize HMIS to track Households served and the services provided. Grantee will encourage all participants to sign the Consent to Share Protected Personal Information form, granting other CES providers access to their information. Status Update Assessments, including case notes on services provided to the participants, must be completed with twenty-four (24) hours of any reported change information. 8. Participant Master File Grantee must maintain a file for each participant that contains the following, but not limited to: Document Guidance Participant Identification Required Program Participation Guideline Required - Agency created form. Must be dated Agreement form and signed by the participant and Grantee. Grievance Procedure Required - Agency created form. Acknowledgement Form LA CoC Homeless Certification Form Required — See LAHSA Program Standards and/ or required institutional documentation Income Verification forms If collected, i.e., Department of Public Social Services, Social Security Administration, pay - stubs, bank statements, etc. Housing and Services Form Required - Use LAHSA form and track the date the Housing Services Plan was completed in HMIS Monthly Service Update Form Optional - Use LAHSA form and track monthly in HMIS Case Notes Required - Enter into HMIS Incident Reports Required Exit Summary Form, including Required- Use LAHSA approved forms when Reunification Certification Form and exiting participant from the program. Training may Transportation Assistance Request be viewed HERE. If providers have not used Form as appropriate. HMIS, they will be onboarded. 9. Facility and Operations Grantee must operate the Interim Housing program 24/7. a. Grantees are permitted to prohibit the possession and/or use of weapons, alcohol, and/or illegal drugs on the site. • Grantees must, however, establish Harm Reduction policies, practices, and procedures designed to minimize negative consequences resulting from participants use or possession of contraband items as referenced above. • Harm Reduction is not intended to prevent the termination of a participant whose actions or behavior constitute a threat to the safety of participants and/or staff. b. Grantee must allow for in and out access of the interim housing between 6:00 AM and 10:00 PM and accommodate access for anyone who may have employment or other important scheduling needs outside of those designated hours. Operators are encouraged to implement quite hours and good -neighbor policies instead of curfews when appropriate. c. The facilities used to provide interim housing may provide beds or cots in a single -site facility with sleeping accommodations in multiple rooms or a congregate dormitory setting. Bunk beds are acceptable for use; however, Grantee must create policies and procedures addressing accessibility. • Grantee shall provide basic furnishings in the bedrooms and common areas of the facility. • Grantee must provide accommodations for mixed -gender and same -gender couples, as available. Variations to these requirements may exist between populations, consult population specific appendix. d. There must be a minimum of three (3) feet, or thirty-six (36) inches between the long side of adjacent beds or cots. The configuration of beds / cots in a dormitory or large room setting must include aisles that are sufficient in size and placement to facilitate ease of passage in the event that an emergency evacuation of the facility is necessary. e. The facilities must also provide, at a minimum, laundry facility (or provide participants with assistance connecting to laundromat services) so that they can wash their clothing. f. Storage: Grantee must provide each participant with access to storage for personal possessions which can be checked in and out during their time in the Interim Housing Program. Minimum storage must be the equivalent of a standard 12" x 12" x 12" locker. Additional storage must be made available as facility capacity allows. g. Interim Housing Programs shall provide participants access to showers, sinks and toilets. Access to showers, sinks and toilets shall be made available according to participant gender identity, in compliance with all applicable federal state and/or local mandates. h. Programs shall ensure that the facility is clean and complies with Department of Public Health Interim Housing Facilities Standards and all other applicable building, safety, and health codes. LAHSA's facility standards may be viewed HERE. 10. Personnel a. Grantee must ensure that all staff and volunteers that are contracted/hired to provide services specifically to transition age youth must be fingerprinted and pass a criminal background (Live Scan) check before working/ interacting with any youth who are served in the program. b. Grantee must provide twenty-four (24) hour residential management and security services by qualified staff to ensure the safety of all participants and staff. EXHIBIT II CITIES AND COUNCILS OF GOVERNMENTS INTERIM HOUSING (IH) SERVICES FUND APPLICATION TEMPLATE 1. PROPOSAL CONTACT INFORMATION Administrative Entity) Name of the City or COG Address Website Principal Point of Contact Name Title Email Address Telephone Number My organization is proposing as ❑ A single entity ❑ A joint venture or consortium. List the partners involved in this proposal. 2. LANDSCAPE ANALYSIS OF NEEDS, DEMOGRAPHICS AND RESOURCES 2020 Point in Time Count of Pole Experiencing Homelessness PEH in the Proposer's Jurisdiction and Service Planning Area SPA In the Proposer's Jurisdiction In SPA that the Proposer's Jurisdiction is Located In (1-8). Leave blank if you don't have SPA -based information. Total Number of PEH # of PEH Who are Unsheltered Demographic information of PEH # of Existing IH Beds/Units IH vacancy rate in the summer and winter months Percentage of exits from emergency shelters to permanent housing solutions # of Planned IH Beds/Units # of Existing Permanent Housing Units (i.e. Housing, Rapid Rehousing, etc.) # of Existing Permanent Supportive Housing Units (Project -based and scattered sites # of Planned Permanent Housing Units (i.e. Rapid Rehousing) # of Planned Permanent Supportive Housing Units (Project -based and scattered sites Applying jurisdiction(s) has a Public Housing Authority. Yes/No Applying jurisdiction(s) has received Emergency; Housing Vouchers. If yes, list the number of EHVs. Yes/No 3. PROPOSAL FOR INTERIM HOUSING IH Project Name Project Address Target Service Targeted re 'ions the proposed "project will serve. Area Type of IH Congregate, Non -Congregate such as Tiny Horne/Pallet Shelter. If other, please state. Project Status ❑ Newly constructed IH site ❑ Remodeled existing property to serve as IH ❑ Expansion in existing IH project to add more IH beds ❑ Existing site without expansion ❑ Other: Please explain. Project Duration Project Start Date Project End Date Project Total # of Beds/Units in the Project Total # of Beds/Units requested for funding Beds/Units (#) Project Budget Total Project Budget $ Funding Request $' Bed/Unit Rate $ If the total project budget exceeds the funding request, list other funding sources, amounts and duration. Site If the applicant is not operating the proposed project, describe how the proposer will retain a Operator sub -contractor to operate the proposed IH. If there is an executed contract with the service provider, please include a copy oft e contract with your application submission. Target Describe the target o ulati to be served y the IH site. Population to be served Project At the minimum, this section needs to include: Description 1 a Demonstrated nee Z Project Intent/envisioned Intent/envisionedoutcomes 3. Proposed uses of funds requested including ho it complements other existing r future fun n 4. Equitably closing the gaps for demographic subpopulations that are underserved 5. Evidence of connection with the local homeless Coordinated Entry System including utilization of Homeless Management Information System demonstration of howthe jurisdiction has coordinated, and will continue to coordinate, with other jurisdictions 7. A demonstration oft e applicant pa ners with, or plans to use funding o increase partnership i local health, behavioral health, social services, and justice entities an with people with lived experiences of homelessness. Equity Describe specific actions the proposed project will ensure racial and gender equity in service delivery and housingplacements, and changes to procurement or other means of affirming racial and ethnic groups that are overrepresented among residents experiencing homelessness have equitable access to housing and services. Pathway to 1. Describe how the proposed project will directly link clients to permanent housing exits, i.e., Permanent demonstrate a direct pathway to permanent housingis efforts such as rapid re -housing, Housing matching HousingChoice Vouchers/Emergency Housing Voucher clients to scattered site housing, master leasing, etc. the proposed project is a part of expanding the permanent housing capacity, please describe. i.e., collaborating it and Department of Health Services to secure new scattered permanenthousing units or master leasing y engaging multi -unit property owners intheir local jurisdictions. 4. WORKPLAN FOR THE PROPOSED PROJECT Provide a work plan with detailed specific tasks, deliverables and target timeline. Add more tables and rows as needed. Activity (who, what, and target deliverable) Examples are provided below. Target Timeline 1.2 City to execute a sub-contract with the interim housing Operator MM/YYYY 1.3 Engage clients and create a bynames list MM/YYYY 1.4 Begin interim housing operation MM/YYYY 1.5 Develop a standardized training curriculum and ensure staff are trained on Coordinated Entry System intakes, HM1S, and how to assess clients and make effective referrals to mainstream services including, but not limited to, General Relief, CalFresh, Medi-Cal, mental health and substance use disorder services. MM/YYYY 1.6 Achieve an 95% occupancy Quarterly 1.7 Serve at least # of unduplicated clients Quarter) 1.8 Achieve at least 40% unduplicated clients' exits to permanent housing Contract term 2.1 Establish a partnership with LAHSA and Dept. of Health Services in securing new permanent housing for 1H clients to transition to. MM/YYYY EXHIBIT III CITIES AND COUNCILS OF GOVERNMENTS INTERIM HOUSING SERVICES FUND PROJECT BUDGET TEMPLATE Applicant Name Project Address Total Operating Budget ($) Total # of Operating Bed Date Project Start Date Total Requested Funds ($) (1) Bed/Unit Rate ($) (2) Complete sections that are applicable to the proposed project. Add additional line items as needed. Expenses Personnel Total Annual Cost (3) FTE Annual FY 22-23 Salary Cost CCOG.IHS Funding Request Remaining Cost (4) Description/Justification (include a description or justification for each budget item) Salaries Subtotal $ $ $ $ Employee Benefits @ —% $ $ $ $ Subtotal Salaries & Employee Benefits $ $ $ $ Services and Supplies Total Annual Cost (3) FY 22-23 Cost CCOGIHS Funding Request Remaining Cost (4) Description/Justification (Include a description or justification for each budget item) Client/Member Expenses $ $ $ $ Equipment Lease $ $ $ $ Maintenance/Janitorial $ $ $ $ Program Supplies $ $ $ $ Office Supplies, Postage, Printing $ $ $ $ Security $ $ $ $ Staff Mileage/Parking $ $ $ $ Staff Train ing/Development $ $ $ $ Telephone/Communications $ $ $ $ Trash/Waste Disposal $ $ $ $ Transportation $ $ $ $ Vehicle Maintenance & Insurance $ $ $ $ Subtotal Services/Supplies $ $ $ $ Sub-Contractor/Consultant I $ $ $ Subtotal Sub-Contractor/Consultant 1 $ $ $ Services and Supplies continued. Total Annual Cost (3) FY 22-23 Cost CCOGIHS Funding Request Remaining Cost (4) Description/Justification (include a description or justification for each budget item) Lease Administrative (1)The Total Requested Funds represent the total amount requested inCCOG|HSfund. (2)The Bed/Unit Rate represents the daily cost tooperate each bed/unit (Total annual operation - Total number ofoperating beds/units -385days) <3>The Total Annual Cost represents the total cost 0ooperate the entire project. (4) The Remaining Cost represents the difference between the total annual cost and CCOGIHS funding request. If there is a budget gap, please complete the Leveraged Resources Template to provide a description of funding sources, duration, amounts and restrictions if applicable. (5) No more than 7% of an applicant's allocation may be expended on administrative costs incurred by the administrative agency. Administrative costs do not include staffor other costs directly related toimplementing activities funded bythe program allocation. CITIES AND COUNCILS OF GOVERNMENTS INTERIM HOUSING SERVICES (CCOGIHS) FUND LEVERAGED RESOURCES BUDGET TEMPLATE Appli ant Name Project Start Date P��Ject Address Total # of Operating Bed Total FY2022-23 Total CCOGIHS Operating Cost ($) if Funding Request Budget Gap, if any applicable If there |a a budget gmp. please provke other leveraged resources (in-kind and financial) including funding swurcm, dureton, omnmumt and fundinA restrictions ifapplicable. Funding Source Funding Duration Funding Amount Does this funding have restricted usage? If so, please describe. ITEM NO. 11 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer By: Lourdes Morales, Chief Deputy City Clerk DATE: May 18, 2022 SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 SUMMARY Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency. Staff will continue in-person meetings with a virtual hybrid component under this new order. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2022-024 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from May 18, 2022 through June 17, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill's teleconferencing exemptions. FISCAL IMPACT Not Applicable BACKGROUND On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. As various variants have surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts' teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances: • The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public's right to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act: • Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act's other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. • Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency's control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act's existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third -party website or platform to host the teleconference, and the third -party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill's exemption to the Brown Act teleconferencing rules: The legislative body has reconsidered the circumstances of the emergency; and Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. The goal of AB 361 is "to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options" consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS 1. Resolution no. 2022-024 2. AB 361 RESOLUTION NO. 2022-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: • Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call- in option or an internet-based service option; • The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; • Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council. SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED this 18th day of May, 2022. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-024 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 18, 2022 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: _ y401 8A 1: 4 8AQ:4 ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK AUTHENTICATED C(?t;;J55L BV3Env 'r.LEC'IRONIC: fGAL MATERIAL Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and, to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] LEGISLATIVE COUNSEL'S DIGEST AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch. 165 —2— resolving 2— resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified. This bill would. prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance. 92 -3— Ch. 165 This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 —4— to 4— to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 -5— Ch. 165 and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting. (c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. 92 Ch. 165 —6— (2) 6— (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 -7— Ch. 165 or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 92 Ch. 165 —8 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511. 1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. 92 9— Ch. 165 (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.3 8, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 —10 In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 -11— Ch. 165 (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch. 165 —12— shall 12— shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511. 1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.3 8, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 92 -13— Ch. 165 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch. 165 —14— the 14— the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 15— Ch. 165 of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 —16— members 16— members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction ofthe authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 4.1. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 -17— Ch. 165 legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511. 1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch. 165 —18— powers 18— powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative. SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 ofArticle I of the California Constitution, the Legislature makes the following findings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. 92 -19— Ch. 165 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 M ►9,Ne:1 ITEM NO. SA -1 TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: May 18, 2022 SUBJECT: Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $830.56. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The March 4 to May 5, 2022, Successor Agency Warrant with check number 13577 in total amount of $ 830.56 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register Payment Number 13577 Check Register City of Baldwin Park, CA By (None) Payment Dates 3/4/2022 - 5/5/2022 Payment Date Vendor Name Description (Item) Account Number Amount 04/21/2022 HDI, COREN & CONE CONTRACT SERV PROPERTY T 838-00-000-51100-14900 830.56 Grand Total: 830.56 5/5/2022 9:45:17 AM Page 1 of 2 Check Register Payment pates: 3/4/2022 - 5/5/2022 Report Summary 5/5/2022 9:45:17 AM Page 2 of 2 Fund Summary Fund Payment Amount 838 - 8P MERGED 2017 REFINANCE 830,56 Grand Total: 830.56 Account Summary Account Number Account Name PaymentAmount 838-00-000-51100-1€900 CONSULTANT SERVICES 830,56 Grand Total: 830.56 Project Account Summary Project Account I<ey Payment Amount **None** 830.56 Grand Total: 830.5fi Payment pates: 3/4/2022 - 5/5/2022 Report Summary 5/5/2022 9:45:17 AM Page 2 of 2 ITEM NO. SA -2 TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: May 18, 2022 SUBJECT: Treasurer's Report — March 2022 SUMMARY Attached is the Treasurer's Report for the month of March 2022. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for March 2022. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 3131/2022 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIFI 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City -Including General Fund & all other Special Revenue Funds 6.3660/0 Varies Varies $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 Housing Authority 0.3651% Varies Varies 14,123,30 14,123.30 14,123,30 14,123.36 24,908,751.23 24,908,761.23 24,908,761.23 24,908,751.23 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,718,112.66 6,716,112.66 6,718,112.66 6,718,112.66 Fiscal Agent Funds -Successor Agency jrust]Debt Service Fund) Varies Varies Varies 0.82 0.82 0.82 0.82 6,718,113.38 6,718,113.38 6,718,113.38 6,710,113.38 $ 31,626,664.61 $ 31,626,864.61 $ 31,626,864.61 $ 31,626,864.61 Total Investments $ 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City Miscellaneous Cash (WIC, PIR) 632,307.54 Successor Agency 1,224,643.44 Housing Authority 929,427.67 Financing Authority 11,700.60 Total Cash with Bank of the West 26,274,412.43 Investment Brokerage Capital Reserves (Dlvdend Option Cash) 267,721.14 Total Cash and Investments $ 68,168,998.18 in accordance with AB X126,the Community Development Commission Is dissolved effective January 31, 2012. The successor agency name Is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of March 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance AGENDA BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 May 18, 2022 7:00 PM Audio Streaming will be available at: https.11www.youtube.com/channel/UCFLZO dDF61V59rhiDZ13Fg/featured view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at: htWs: //www.youtube. com/channel/UC3bPFB]HcoP]ks]XcletmGcA °O D'�' `. HUBz0F ;,.•4 4� tJ THE . SAN dABRIEL ,a VALLEY:.~ ., .�7ED JAW ., . . Emmanuel J. Estrada - Chair Daniel Damian - Vice Chair Alejandra Avila - Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en on this agenda on any matter posted on esta agenda, para hablar sobre cualquier asunto the agenda or on any other matter within publicado en la agenda o cualquier terra que its jurisdiction. In accordance with este bajo su jurisdiccion. De acuerdo con el Chapter 39 of the Baldwin Park Municipal capitulo 39 del Codigo Municipal de la Ciudad Code, Speakers must address the de Baldwin Park, los comentaros deben se Council as a whole and refrain from dirigidos al Concilio como una sola entidad, y no making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of interrumpir la paz de la reunion. the meeting. CALL TO ORDER ROLL CALL FINANCE AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2) ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algona emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigarylo fUar asuntos para tomar en consideraci6n en juntas proximas. [CodigodeGobiemo §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on May 18, 2022 to commentsLy)baidwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR 1. Treasurer's Report — March 2022 Staff recommends that the Board receive and file the Treasurer's Report for March 2022. CERTIFICATION I, Marlen Garcia, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of May, 2022. ,XJA A h4V A UZ Marlen Garcia, City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales@baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) ITEM NO. 1 TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: May 18, 2022 SUBJECT: Treasurer's Report — March 2022 SUMMARY Attached is the Treasurer's Report for the month of March 2022. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for March 2022. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 3131/2022 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIFI 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City -Including General Fund & all other Special Revenue Funds 6.3660/0 Varies Varies $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 Housing Authority 0.3651% Varies Varies 14,123,30 14,123.30 14,123,30 14,123.36 24,908,751.23 24,908,761.23 24,908,761.23 24,908,751.23 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,718,112.66 6,716,112.66 6,718,112.66 6,718,112.66 Fiscal Agent Funds -Successor Agency jrust]Debt Service Fund) Varies Varies Varies 0.82 0.82 0.82 0.82 6,718,113.38 6,718,113.38 6,718,113.38 6,710,113.38 $ 31,626,664.61 $ 31,626,864.61 $ 31,626,864.61 $ 31,626,864.61 Total Investments $ 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City Miscellaneous Cash (WIC, PIR) 632,307.54 Successor Agency 1,224,643.44 Housing Authority 929,427.67 Financing Authority 11,700.60 Total Cash with Bank of the West 26,274,412.43 Investment Brokerage Capital Reserves (Dlvdend Option Cash) 267,721.14 Total Cash and Investments $ 68,168,998.18 in accordance with AB X126,the Community Development Commission Is dissolved effective January 31, 2012. The successor agency name Is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of March 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 May 18, 2022 mul 111un Audio Streaming will be available at: httpsy. ww.voutube.comZchqnneVUCFLZQ dQFRiV59rhiQZ13Eqffeqtured?view qs=subscriber Zw http.&baldwinpark.granicus.com/ViewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at. htWs.-Ilwww.voutube.com/channe//UC3bPFB]HcoP]ks]X qetmGcA Emmanuel J. Estrada Daniel Damian Alejandra Avila Monica Garcia Paul C. Hernandez PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. - Chair - Vice Chair Board Member - Board Member - Board Member COMENTARIOS DEL PUBLICO Se invita al p6blico a didgirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. De acuerdo con e/ capitulo 39 del C6digo Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunion. HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances rcumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista algcina emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on May 18, 2022 to commentskbaldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report — March 2022 Staff recommends that the Board receive and file the Treasurer's Report for March 2022. ADJOURNMENT CERTIFICATION I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of May, 2022. Ah*.' AZ Marlen Garcia, City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at lmorales@baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE Il) SUMMARY TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: May 18, 2022 SUBJECT: Baldwin Park Housing Authority's Warrants and Demands Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $ 519,498.13. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The April 8 to May 5,2022 Warant check numbers 72560 through 72578 in the amount of $5,661.99 and Automated Clearing House (ACH) In the amount of $513,836.14 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Check Register Report 5/4/2022 Date Range: 04/08/2022-05/0512022 Grouped by: Program and Increment VMS Date Range: Program, I -Housing Choice Voucher Sorted by: Check Number Payment Type: Check Numbers: ... Direct Deposit: Exclude Direct Deposit Check Cleared: All Port, Status: Include Port Ins .Zero HAPs: Include Zero HAPS Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher Check Number Check Date VMS Date Payee Name DD Amount ❑.72560 05/0112022 05101!2022 Mayra J Sandoval ❑ $70,00 ❑ 72561 05/01/2022 ' 05/01/2022 Bertha Cedillo ❑ $72,00 ❑ 72562 05!0112022 05101!2022 Jacqueline Chaves ❑ $60.00 ❑ 72563 0510112022. 05!01!2022 Michael P Onopa ❑ $32.00 ❑ 72564 0510112022 05/01/2022 Guadalupe M Murillo ❑ $64.00 ❑ 72565 "05!01!2022 05!0112022 Rebecca Galindo ❑ $31.00 ❑ 72566 05/01/2022 05!0112022 Zakiyah Webster ❑ $21.00 •-❑ 72573 05/01/2022. 05!01!2022 Serena*,Sabatino ❑ $30.06 [:172574 05/0l/2022 ..05!.0112022 Leticia.; [3atice •. ❑ $5.00 ❑ 72575 05/01/2022 05/01/2022 Camille M Lovesmlth ❑ $4.00 ❑ 72576 05/01/2022 05!0'112022 Etemal Link l_LC ❑ $1780.00 [:172577 05/b1/2022 0510,1!2022 City of Carlsbad ❑ $735.95 [172578' 05/01/2022 04/01/2022 Anaheim mousing Authority ❑ $2757.04 Housing Choice Voucher Total $5,661.99 Average $353.87 Unit count 4 Average Weighted by Unit Count $1,272.99 Hard to House Count Copyright © 2011-2022, HAPPY Software, Inc. Check Register Report YR 06/04/2022 Page 1 Check Register Report 514/2022 Date Range: 0410812022...0510512022 Grouped by: Program and Increment VMS Date Range: Program: 1 -Housing Choice Voucher Sorted by: Check Number Payment Type: Check Numbers: Direct Deposit: Include Direct Deposit Check Cleared: All Port $tatus: Include Port Ins Zero HAPS: Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher Check Number Check Date VMS Date Payee Name DD Amount 028095 04/12/2022 03/10/2022 AJG Realty Inc. ® $2655.00 U 28096 05/01/2022 05/01/2022 Y & H Investment, Inc. ® $1197.00 028097 05101/2022 05/01/2022 Eunice Property, LLC ® $1170.00 ❑ 28098 05/011022 05/01/2022 Dimitris Papadopoulous ® $818.00 .[128099 05/01/2022 0510.112022 Wilson Apartment Associates L.P. ® $1685.00 D 28100 05/01/2022 05/01/2022- Monet.Huong Nguyen ® $2405.00 ❑ 28101 05101/2022 05101/2022' ASCENSION HOLDINGS LLC ® $1244.00 ❑ 28102 05/01/2022 05/01/2022 Tom'Cinquegrani ® $1132.00 ❑ 28103 05/0112022 05/01/2022 Mark T Fernandez ® $1300.00 ❑ 28104 05101/2022 05/01/2022 Melody (Mu.oi) Dao ® $1426.00 [--128105. 051,0112022 05/01/2022 John W. Ruwitch and Anh Lam Truong ® $1162.00 ❑;28106 05/01/2022 05/01/2022 SAE GROUP, LLC ® $1780.00 E:128107 28107 05/01/2022 05/01/2022 Wei Zhon Su ® $1194.00 ❑ 28108 05/01/2022 05/01/2022 Mallorca Apartments, LTD ® $1323.00 ❑ 28109 05/01/2022 05/01/2022 Michael I. or Ling Brooks ® $1084.00 [� 28110. 05101/2022 05/01/2022 Donna J Falls ® $728.00 ❑ 28111 05/01/2022 05/01/2022 Cipriano Salazar Jr. ® $1323,00 ❑ 28112 05/01/2022 05/01/2022 Dung Tran ® $272.00 Ll 28113 05/01/2022 05/01/2022 Monrovia'612, LP ® $8906.00 D 28114 05/01/2022 05/01/2022 Leslie K Ng ® $779.00 ❑ 28115 05/01/2022 05/01/2022 Jun Hua Hu ® $2221.00 ❑ 28116 05/01/2022 05/01/2022 Quoc T. Vo ®, $964.00 ❑ 28117 05/01/2022 05/01/2022 Orange County Housing Authority ® $1160.14 ❑ 28118 05/01/2022 05/01/2022 Lien Diep ® $1034.00 ❑ 28119 05/01/2022 05/0112022 Rosa Lamas-Serratos ® $1723.00 ❑ 28120 05/01/2022 05/01/2022 Primrose Villa ® $5874.00 ❑ 28121 05/01/2022 05/01/2022 Vinh H. Lai ® $1138.00 ❑ 28122 05/01/2022 05/01/2022 Malcolm Oso ® $620.00 ❑ 28123 05/01/2022 05/01/2022 Dieu-Thuy Nu Ton ® $1547.00 ❑ 28124 05/01/2022 05/01/2022 Dajojo, LLC ® $587.00 ❑ 28125 05/01/2022 05/01/2022 Lary Hua Mi Ku ® $42.00 ❑ 28126 05/01/2022 05101/2022 Dinghwa Eddy Liu ® $262.00 Copyright © 2011-2022, HAPPY Software, Inc. Check Register Report YR 05/0412022 Page 1 ❑ 28127 05/01/2022 05/01/2022 Irma Diaz ® $1828.00 ❑ 28128 05/01/2022 05/01/2022 Wai Keng Tam ® $1116.00 ❑ 28129 05/01/2022 05/01/2022 Dan Norwood ® $1373.00 ❑ 28130 05101/2022 05/01/2022 Raymond J Ruelas ® $2104.00 ❑ 28131 05/01/2022 05/01/2022 Aaron Abdus Shakoor ® $1394,00 ❑ 28132 05/01/2022 05/01/2022 Ana Thai ® $874,00 ❑ 28133 05/01/2022 0510112022 SRI Properties No 15 LLC ® $1132.00 ❑ 28134 05/01/2022 05/01/2022 Larry Chow ® $3087.00 ❑ 28135 05/01/2022 05101/2022 T & T Asset Holding, LLC ® $1065.00 El 28136 05/01/2022 05/01/2022 Michael Alfred Alarcon ® $1321,00 ❑ 28137 05/01/2022 05/01/2022 Mousa Boushaaya ® $1458.00 ❑ 28138 05/01/2022 05/01/2022 Tuan Viet Ho ® $1834.00 ❑ 28139 05101/2022 05101/2022 Carl P Heinzen ® $1697.00 ❑ 28140 05/01/2022 05101/2022 Jun Ye and Ming Feng ® $1760.00 ❑ 28141 0510112022 05/01/2022 4324 Walnut St LLC ® $1288.00 ❑ 28142 05/01/2022. 05/01/2022 EI Monte Housing Partners LP - The ® $7100.00 L� 28143 05/0112022 05/01/2022 Joseph T. Tung ® $1080.00 ❑ 28144 05/0112022 05101/2022 Alamitas LLC ® $766.00 "❑ 28145 05/01/2022 05/01/2022 Avalon Monrovia LLC ® $1055.00 ❑ 28146 05/0172022 05/0112022. Pro Manag6ment Inc. ® $1629.00 -128147 05/01/2022 05/01/2022 Andrew & Eva Fogg $1144.00 ❑ 28148 05/01/2022 05/01/2022 Heritage Park Villas LP ® $19853.00 ❑ 28149 05/0112022 05/01/2022 Diba Management ® $9998.00 ❑ 28150 05/0112022 05/01/2022 Tyler Court Associates, LP $572.00 ❑ 28151 05/01/2022 05/01/2022 Palo Verde Apartments., LIP ® $914.00 ❑ 28152 05/01/2022 05101/2022 Ha X Van ® $2709,00 F-1 28153 05/01/2022 05/01/2022 Chen Jackson ® $670.00 -[128154 05/0112022 05101/2022 Philip Tsui ® $984.00 ❑ 28155 05/01/2022 05/01/2022 Paul Yen ® $1033,00 ❑ 28156 0510112022 05/01/2022 Mie Chen ® $2402.00 ❑ 28157 05/01/2022 05101/2022 Becky Binh Nguyet Luu or Eddie Ma ® $1774.00 ❑ 28158 05/01/2022 05/01/2022 Tinh Van Le ® $628.00 ❑ 28159 05/01/2022 05/01/2022 Everardo Garcia ® $2274.00 ❑ 28160 05101/2022 Q5/0112022 NgocT. Lieu ® $2159.00 ❑ 28161 05101/2022 05/01/2022 Alfred Tai -Kong He and Lisa Chen ® $1041.00 [--128162 05/01/2022 05/01/2022 Covina 023 Woods 206 LP c/a ® $994.00 ❑ 28163 0510112022 05/01/2022 Doreen Han ® $784.00 ❑ 28164 05/0112022 05/01/2022 Roland Wiekamp ® $1282.00 ❑ 28165 05101/2022 05/01/2022 AMFP IV Atrium LLC c/o Abacus ® $3933.00 ❑ 28166 05/0112022 05/01/2022 Siu Fung Mak ® $1488.00 ❑ 28167 05101/2022 05/01/2022 Baldwin Park Family Housing Limited ® $18953.00 ❑ 28168 05/01/2022 05/01/2022 Grace Chiou ® $811.00 ❑ 28169 05/0112022 05/01/2022 Marina Alvarez ® $1869.00 ❑ 28170 05/01/2022 05/01/2022 McIntire Real Estate Inc. ® $727.00 ❑ 28171 05/01/2022 05/01/2022 Zhi Min LI and WXL Investments Inc. ® $2317.00 [:128172 05/01/2022 05/01/2022 Sui Man Mak ® $831.00 Copyright © 2011-2022, HAPPY Software, Inc. Check Register Report YR 05/04/2022 Page 2 ❑ 28173 05/01/2022 05/01/2022 Henry Wong ® $2335.00 ❑ 28174 05/01/2022 05101/2022 West Covina Senior Villas ll, LP ® $509.00 ❑ 28175 05/01/2022 05/01/2022 Dung Trung Pham and Tammy Tram ® $495.00 ❑ 28176 05101/2022 05/01/2022 Francisco J. Sanchez and Giorla ® $1262.00 ❑ 28177 05/01/2022 05/01/2022 Blessed Rock of EI Monte ® $22816.00 ❑ 28178 05/01/2022 05/01/2022 Blessed Rock of EI Monte ® $1286.00 ❑ 28179 05/01/2022 05/01/2022 Vintage West Covina ® $6595.00 ❑ 28180 05/01/2022 05/01/2022 Alfonso Contreras ® $1054.00 ❑ 28181 05/01/2022 05/01/2022 Alta Vista Villas, LP c/o Yale ® $2899.00 [:128182 05/01/2022 05/01/2022 Miriam Barrera ® $2325.00 ❑ 28183 05/01/2022 05/01/2022 West Covina Seniors Villas i ® $1070.00 ❑ 28184 05101/2022 05/01/2022 Brookhollow Apartments ® $12188.00 ❑ 28185 05/01/2022 05/0112022 Alexander Chan ® $2072.00 ❑ 28186 05/01/2022 0310112022 Phat Binh Vuong ® $2841.00 ❑ 28187 - 05101f2022 05/01/2022 Alan Wu ® $786.00 n:28188 05/0112022 05/01/2022 Henry He ® $1173.00 ❑.28189 05/01/2022 05/01/2022 PAMA 1V Properties, LP ® $3911.00 [128.190 05/0112022 05/01/2022 Roger Hin Nam Mak ® $9293.00 El 28191 05/01/2022 05/01/2022 LAT Investments, LLC ® $6070.00 ❑ 28192 05/01/2022 05/01/2022 Xitlalai [del Real Sanchez (g $940.00 ❑ 28'i9.3" 05/01/2022 05/01/2022 Mary L Haynes ® $99$.00 El 28194 . 05/01/2022 •05/0112022 . Clinett Glazis ® $1671.06 F128195 05101/2022 05/01/2022 Jim & Nancy Bailey ® $571.00 ❑ 281.96 05101/2022. 05/01/2022 Kimberly Nguyen $703.00 ❑ 28197 05/01/2022 -05/01/2022 Joseph M. Kwok ® $1508.00 28198 05/0112022 05/01/2022 Mack E Titus ® $799.00 El -78199 05101/2022 05/01/2022 Alejandra Gutierrez ® $583.00 ❑28200 05101/2022 05101/2022 Lourdes J. Garrison ® $1539.00 ❑ 28201 05101/2022 05/01/2022 Angelica Garcia ® $2356.00 ❑ 28202 05/01/2022 05/01/2022 Sophia Wong ® $1065.00 ❑ 28203 05/01/2022 05/01/2022 Lois J Gaston ® $835.00 ❑ 28204 05/01/2022 05/01/2022 Doan & Lily Thi ® $1900.00 ❑ 28205 05/01/2022 05/01/2022 EI Monte Affordable Housing Partner ® $435.00 ❑ 28206 05/01/2022 05/01/2022 Jose Baudello Delgado ® $1291.00 ❑ 28207 05/01/2022 05/01/2022 Larry Mimms ® .$1539.00 ❑ 28208 05/01/2022 05/0112022 Jaime Jimenez ® $675.00 ❑ 28209 05/01/2022 05/01/2022 Ramiro Viramontes and Veronica ® $320.00 ❑ 28210 05/01/2022 05/01/2022 Fat Law ® $870.00 ❑ 28211 05/01/2022 05/01/2022 Kevin Kambor Kwong and Yuk Ming ® $1487.00 ❑ 28212 05/01/2022 05/01/2022 Kan Investments LTD, LLC ® $535.00 ❑ 28213 05/01/2022 05/01/2022 Dwight Chang ® $2181.00 ❑ 28214 05/01/2022 05/01/2022 Cameron Park Community Partners, ® $1027.00 ❑ 28215 05/01/2022 05/01/2022 Mozhgan Tavakoli ® $1555.00 ❑ 28216 05/01/2022 05/01/2022 Jun Tang ® $233.00 ❑ 28217 05/01/2022 05/01/2022 Anmeiindon LLC ® $1540.00 ❑ 28218 05/01/2022 05/01/2022 Lourdes Vela ® $3525.00 Copyright 0 2011-2022, HAPPY Software, Inc. Check Register Report YR 05/04/2022 Page 3 ❑ 28219 05/01/2022 05/01/2022 Gilbert Roybal ® $544.00 ❑ 28220 05/01/2022 05/01/2022 Philip & Fanny Kwok ® $1305.00 ❑ 28221 05/01/2022 05/01/2022 Woodside Village Apartments LP ® $8642.00 ❑ 28222 05/01/2022 05/01/2022 Robert Lawo ® $866.00 ❑ 28223 05/01/2022 05/01/2022 Cynthia Pham ® $756.00 ❑ 28224 05101/2022 05/01/2022 Fanny Chan ® $979.00 ❑ 28225 05/01/2022 05/01/2022 Baldwin Rose LIP ® $1666.00 ❑ 28226 05/01/2022 05/01/2022 Kwan and Mei Chiang ® $1250.00 ❑ 28227 05/01/2022 05/01/2022 Sergio Molina ® $96.00 ❑ 28228 05/0112022 05101/2022 Chuen Lau ® $1708.00 ❑ 28229 05/01/2022 05/01/2022 Tanya H Chen ® $2150.00 ❑ 28230 05/01/2022 0510112022 JM Lam Investment LLC ® $761.00 ❑ 28231 05/01/2022 05/01/2022 Vijay Gulati ® $4605.00 ❑ 28232 05/01/2022 05/01/2022 Ngoc Lieu ® $1082.00 ❑ 28233 05/01/2022 05/01/2022 Joseph H. Garcia ® $1270.00 [12$234 05/0112022 05/0112022 Lark Ellen Village ® $8503.00 28235 05/01/2022 05/01/2022 Aurelio and Maria Blanco ® $1226.00 ❑ 28236 05/01/2022 05/01/2022 Xuyen Thach Han ® $2500.00 128237 05/01/2022 05/01/2022 EZ APT LLC ® $1460.00 [3.28238 05/01/2022 05/0112022 Kim Wah Wong and Sau Y Wong ® $123�4,t10 ❑ 28239 :-,05/01/2022 05/01/2022 Lucena A Ewing ® $2498.00 . ❑ 28240• 05/91/2022 :05101/2022 Jocelyn Jae Jhong ® $1727.00 ❑ 28241 05/01/2022 05/01/2022 Virginia Carlson $1137.00 ❑ 28242 05/01/2022 06/01/2022 Emilio De Jesus Cruz ® $1323.00 ❑ 28243 05/01/2022 :..05/01/2022 Dinh Thom Tran ® $1758.00 -028244 0510112.022 05/01/2022 _ Isabel R Sanchez ® $1343.00 :]❑ 28245 05/01/2022 05/01/2022 Cienega Garden Apartments ® $5043.00 ❑-28246 .05/01/2022 05/01/2022 Vinh Hong Lai ® $1260.00 EI -28247 05/01/2022 05/01/2022 Doreen E. Ewing ® $3725.00 ❑ 28248 05/01/2022 05/01/2022 Moller Property Management ® $507.00 ❑ 28249 05/01/2022 05/01/2022 TPA/NASCH LLC, Westgate as a sole ® $1387.00 ❑ 28250 0510i/2022 05/01/2022 TDF LP - Pacific Towers c/o Winn ® $7825.00 ❑ 28251 05101/2022 05/01/2022 Paul & Annie W Chau ® $951.00 ❑ 28252 05/01/2022 05/01/2022 LEFA Trust ® $1013.00 ❑ 28253 05/01/2022 05/01/2022 Gilbert Dominguez ® $10403.00 ❑ 28254 05/01/2022 05/01/2022 German Ghibaudo ® $1214.00 ❑ 28255 05/01/2022 05/01/2022 Up Hill Investment Inc. $1640.00 F-128256 05/01/2022 05/01/2022 Dieu Van Huynh ® $965.00 ❑ 28257 05/01/2022 05/01/2022 Kelly Nguyen ® $966.00 ❑ 28258 05/01/2022 05101/2022 Ramona Property Managers, Inc. ® $593.00 ❑ 28259 05/01/2022 05/01/2022 Bad! Ila Street Senior Apartments, LLC ® $16505.00 ❑ 28260 05/01/2022 05/01/2022 Monrovia Heritage Park LP ® $19229.00 ❑ 28261 05/01/2022 05/01/2022 James or Barbara Fox ® $1107.00 ❑ 28262 05/01/2022 05/01/2022 Mayra Ortega ® $1047.00 ❑ 28263 05/01/2022 05/01/2022 Sel Homes LLC ® $5575.00 ❑ 28264 05/01/2022 05/01/2022 Hui Chuan Wang ® $2.970.00 Copyright 0 2011-2022, HAPPY Software, Inc. Check Register Report YR 05/04/2022 Page 4 ❑ 28265 05/01/2022 05/01/2022 725-731 W. Duarte Rd, LLC ® $1392.00 ❑ 28266 05/01/2022 05/01/2022 Nhan Nguyen and Amy Tran ® $2281.00 ❑ 28267 05/01/2022 05/01/2022 Paul P Simon ® $1183.00 ❑ 28268 05101/2022 05/01/2022 Puente Villa LLC ® $1294.00 ❑ 28269 05/01/2022 05/01/2022 RAMONA BLVD. FAMILY ® $7336.00 ❑ 28270 05/01/2022 05/01/2022 AJG Realty Inc. ® $1553.00 ❑ 28271 05/01/2022 05/01/2022 Maria Martha Martinez ® $1662.00 ❑ 28272 05/01/2022 05/01/2022 Antonio & Aida Rinos ® $2018.00 [:128273 05/01/2022 05/01/2022 Greater San Gabriel Valley Property ® $1222.00 ❑ 28274 05/01/2022 05/01/2022 Ronald & Pamela Layne ® $509.00 ❑ 28275 05/01/2022 05/01/2022 Annette C Scott ® $1476.00 ❑ 28276 05/01/2022 05/01/2022 Denise Van Pham ® $3212.00 ❑ 28277 05/01/2022 05/01/2022 Linh T Luu ® $1730.00 E:128278 05/01/2022 05/01/2022 1024 Royal Oaks LP dba Whispering ® $13712.00 ❑ 28279 05/01/2022 05/01/2022 Derek Sim ® $921.00 ❑ 28280 05/01/2022 05/01/2022 Allan M. & Virginia J Chipp and Ralph ® $2140.00 ❑ 28281 05/01/2022 05/01/2022 Amparo M Limon '$201.00 ❑ 28282 05/01/2022 05/0112022 Zi Jian Li ® $1839.00 ❑ 28283 05/01,`2072 05/01/2022 Minh A Nguyen ® $1421.00 ❑ 28284 05/01/2022 05/0-112022 Jaime Rarcena ® $843.00 ❑ 28285 05/01/2022 05101/2022 Monica D Mao ® $1129.00 ❑ 28286 05101/2022 05/01/2022 Shiu-Ein Huang ® $304.00 ❑ 28287 05101/2022 05/01/2022 LAI (MING LEUNG ® $305.00 ❑ 28288" 05101/2022, 05/01/2022 The Promenade.Houslrfg 17artners, LP ® $3475.00 ❑ 28289 - 06/01/2022 05/01/2022 Paramjit;a Nijjar ® --$2129.00 ❑ 28290 05/01/2022 05/01/2022 Rosa -Beltran ® $1183.00 ❑ 28291 05/01/2022 05/01/2022 James Ronald Nguyen . ® .$1665.00 ❑ 28292 05/01/2022. 05/01/2022 Takis Bogris ® $991.00 ❑ 28293 05101/2022, 05/01/2022 Ynfante Holdings, i, LLC ® $909.00 ❑ 28294 05/01/2022 05/01/2022 Roman Basin ® $565.00 ❑ 28295 - 05/01/2022 05/01/2022 Sandhya Kai and Padma Kal ® $131-7.00 ❑ 28296 05/01/2022 05/01/2022 Nomer Lacson ® $1685.00 [l 28297 05/0112022 05/01/2022 Anna & Simon Choi ® $1285.00. ❑ 282.98 05101/2022. 05/01/2022 Chung Thi Pham ® $2184.00 ❑ 28299 05/01/2022 05/01/2022 Rosie Leon ® $873.00 ❑ 28300 05101/2022 05/01/2022 Roy Lam ® $1160.00 ❑ 28301 05/01/2022 05/01/2022 Golden Dragon Properties LLC c/o ® $1209.00 ❑ 28302 05/01/2022 05/01/2022 Nancy H Shen ® $526.00 ❑ 28303 05/0112022 05/01/2022 Jae Clark ® $1140.00 ❑ 28304 05/01/2022 05/01/2022 Richard A DaSylvelra ® $201.00 ❑ 28305 05/01/2022 05/01/2022 Sara Ramo ® $1939.00 ❑ 28306 05/01/2022 05/01/2022 T & P Property LLC ® $876.00 ❑ 28307 05/01/2022 05/01/2022 Singing Wood Senior Housing LP ® $8326.00 ❑ 28308 05101/2022 05/01/2022 Michael H Phuong ® $968.00 ❑ 28309 05/01/2022 05/01/2022 Sitara B. Mgmdani ® $1782.00 [:128310 05/01/2022 05/01/2022 Joseph Pham ® $817.00 Copyright 0 20111-2022, HAPPY Software, Inc. Check Register Report YR 05/04/2022 Page 5 ❑ 28311 05/01/2022 05/0112022 Garvey Senior Affordable Partners, LP ® $2612.00 ❑ 28312 05/01/2022 05/01/2022 Ryan Kinpong Woo and Ching King ® $1303.00 ❑ 28313 05/01/2022 05/01/2022 Moi Yan Chen ® $1177.00 ❑ 28314 05/01/2022 05/01/2022 Tsz-Hong Young and Sin Kwan Lo ® $1526.00 ❑ 28315 05/01/2022 05/01/2022 Shawn Hui then ® $2157.00 ❑ 28316 05/01/2022 05/01/2022 Fred Lau ® $338.00 Housing Choice Voucher Total Average Unit Count Average Weighted by Unit Count Hard to House Count $513,836.14 $1,124.37 453 $1,130.23 Copyright© 2011-2022, HAPPY Software, Inc. Check Register Report YR 0510412022 Page 6 ITEM NO. 2 TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: May 18, 2022 SUBJECT: Treasurer's Report — March 2022 SUMMARY Attached is the Treasurer's Report for the month of March 2022. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for March 2022. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 3131/2022 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIFI 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City -Including General Fund & all other Special Revenue Funds 6.3660/0 Varies Varies $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 $ 24,894,627.93 Housing Authority 0.3651% Varies Varies 14,123,30 14,123.30 14,123,30 14,123.36 24,908,751.23 24,908,761.23 24,908,761.23 24,908,751.23 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 6,718,112.66 6,716,112.66 6,718,112.66 6,718,112.66 Fiscal Agent Funds -Successor Agency jrust]Debt Service Fund) Varies Varies Varies 0.82 0.82 0.82 0.82 6,718,113.38 6,718,113.38 6,718,113.38 6,710,113.38 $ 31,626,664.61 $ 31,626,864.61 $ 31,626,864.61 $ 31,626,864.61 Total Investments $ 31,626,664.61 Cash with Bank of the West City Checking (General) 23,433,634.64 Money Market Plus 42,799.64 City Miscellaneous Cash (WIC, PIR) 632,307.54 Successor Agency 1,224,643.44 Housing Authority 929,427.67 Financing Authority 11,700.60 Total Cash with Bank of the West 26,274,412.43 Investment Brokerage Capital Reserves (Dlvdend Option Cash) 267,721.14 Total Cash and Investments $ 68,168,998.18 in accordance with AB X126,the Community Development Commission Is dissolved effective January 31, 2012. The successor agency name Is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no investment maturity/purchase transactions made for the month of March 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 63646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance