Agenda packet — Baldwin Park City Council, May 18, 2022 (part 1 of 2)

NOTICE 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.

NO OTHER BUSINESS WILL BE DISCUSSED
Posted: May 12, 2022.

Emmanuel J. Estrada
Mayor

AFFIDAVIT OF POSTING
I, 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.

Marlen Garcia,
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:
https://www.youtube.com/channel/UCFLZ0 dDFRjy59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA 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
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. 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.

COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda .

De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser imper tinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.

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 será 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 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 staf f 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 acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración 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 5:00 PM to 6:00 PM on May 18, 2022 to [email protected]. 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 reques t 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 comm unications 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. 22STCV11511 Case Name: David Lopez Becerra v. City of Baldwin Park Case No. 22STCV06605

CITY COUNCIL
SPECIAL MEETING – 5:00 P.M.

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
I, 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.

Marlen Garcia
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 [email protected].

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)
AGENDA

BALDWIN PARK CITY COUNCIL

REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 May 18, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA 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
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.

COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que esté bajo su
jurisdicción. De acuerdo con el capítulo 39 del
Código 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
reunión.

City Council Agenda Page 2

CITY COUNCIL
REGULAR MEETING – 7:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL
Council M embers: Alejandra A vila, M onica G arcia, Paul C .

Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J.

Estrada

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS
The C ity C ouncil ar e also m embers of the Board of D irectors of the H ousing A uthority, an d Finance Authority, w hich ar e c oncurrently c onvening w ith t he C ity C ouncil t his 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 3

PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite 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 l isted on t he agenda, or unl ess c ertain em ergency or s pecial circumstances exist. 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 INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración 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 [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during t he 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 reduc tion 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 r ecommends t hat t he C ity C ouncil r atify 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 t he Chief E xecutive O fficer (CEO) an d t he F inance D irector to t ransfer $127,000 of American R escue P lan 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 4

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 l of t he following: effect on fiscal i mpact, ef fect o n t he i nternal c onsistency of t he c ity’s general an d s pecific pl ans, ef fect o n t he us e of l and, i mpact on f unding f or infrastructure o f al l 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 r equested 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 l 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 5

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 I C, 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 A ct ex ecutive orders and A B 361 ( covering meetings held f rom 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.

CITY CO UNCIL ACT ING AS S UCCESSOR AG ENCY O F THE DI SSOLVED CO MMUNITY

DEVELOPMENT COMMISSION

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 6

CITY CO UNCIL / CITY CL ERK / CI TY TREASURER / STAFF R EQUESTS &

COMMUNICATION
• None

ADJOURNMENT

CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, 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.

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 ia e-mail at [email protected].

STAFF REPORT
ITEM NO. 1
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

________ _________

STAFF REPORT
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

ITEM NO. 3 ________ _________

STAFF REPORT
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
1 of 6

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) S uch contracts are authorized and provided for by the provisions of Section 56½ of t he C harter of t he C ounty of Los Angeles and S ection 51300, et s eq., o f the 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 per form f or s aid C ity any 2 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 ts own c ost and expense all nec essary 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 l 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 ts 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 3 of 6
the City shall be C ounty 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 alled upon t o as sume any l 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 l iability ot 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 ot be lia ble f or compensation or indemnity to any County employee for injury or sickness arising out of his or her employment.

9. The parties her eto h ave ex ecuted an A ssumption of Li ability A greement 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 r evised Joint Indemnity Agreement and t he 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 4 of 6
City provided for herein shall keep reasonably itemized and in detail work or job records covering t he c ost of al l 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, t ogether w ith t he c ost of a n operator t hereof w hen f urnished w ith s aid machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable han dling charges, an d al l 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 c alculated f rom the l ast d ay of t he month i n w hich t he s ervices w ere 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, 5 of 6
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, w ith t he c onsent of t he Board o f S upervisors of C ounty, s hall be renewable thereafter for an additional period of not to exceed five (5) years.

15. In t he ev ent t he C ity desires t o r enew t his A greement f or s aid 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 t 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 ts 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 City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties a nything her ein t o t he c ontrary no twithstanding, unless s uch s pecial c ontract adopts the provisions hereof by reference.
6 of 6
_____________

________________________
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

Executed this day of 2022.

The City of Baldwin Park,

___________________________

__________________________

_____________________________

__________________________

___________________________
By __
Mayor
ATTEST:

City Clerk THE COUNTY OF LOS ANGELES
By___ By
ATTEST:

CELIA ZAVALA
Executive Officer/Clerk
of the Board of Supervisors
By___
Deputy
APPROVED AS TO FORM:

RODRIGO A. CASTRO-SILVA
County Counsel
By
Senior Deputy
Chair, Board of Supervisors
7 of 6
________ _________

STAFF REPORT
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 (ARPA) 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
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
Memorandum of Understanding 1

MEMORANDUM OF UNDERSTANDING
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 (“City”).

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
And
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 2
(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 3

6. OPERATIONALPROVISIONS:

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 4

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 5

SIGNATURES
_________________________________________________________________Signature: _ Printed Name & Title: Patrick McClenahan, President & CEO Agency: Goodwill Southern California
Address: 342 N. San Fernando Rd, Los Angeles, 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 6
Attachments: Exhibit A: Scope of Services
Exhibit B: Data Sharing Agreement
Exhibit C: Universal Release of Information Form\
Exhibit D: Compensation
Memorandum of Understanding 7

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;  Job 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-Job Training;
 Job 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 8
Exhibit B
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 HIPAA;

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 9
Exhibit C
Universal Release of Information Form
(To be used with all Job Seeker customers)
Name: Date of Birth:

Prior Name(s): Social Security #:

Address:
______________________________
City, State, Zip:
______________________________
Home Phone: Cell Phone: 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 Witness Signature & Date
cc: customer
Memorandum of Understanding 10
Exhibit D
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. ________ _________

STAFF REPORT
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:

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 ANGELES SS:

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: 4,022
Total number of signatures verified: 4,022
Number of signatures found sufficient: 3,731
Number of signatures found insufficient: 291
Number of signatures insufficient because of duplication: 16 Total number of signatures required to qualify: 3,496
Based on the above, the petition is deemed to be sufficient.

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Baldwin Park this 4th 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.

ITEM NO. 6 ________ _________

STAFF REPORT
TO: Honorable Mayor and City Councilmembers
FROM: Robert A. López, 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

Page 1 ends

Q-388466-44672.646KP
Issued: 04/21/2022
Quote Expiration: 06/15/2022
Estimated Contract Start Date: 07/01/2022
Account Number: 110874
Payment Terms: N30
Delivery Method: Fedex - Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
14403 Pacific Ave Baldwin Park Police Department - CA Kyle Panasewicz Joshua Hendricks 14403 Pacific Ave 14403 Pacific Ave Phone: +1 4803294734 Phone: 626-960-1955 Baldwin Park, CA 91706-4226 Baldwin Park, CA 91706-4226 Email: [email protected] Email: [email protected] USA USA Fax: (480) 905-2071 Fax: (626) 338-5545
Email:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $647.34 TOTAL COST $18,707.19
ESTIMATED TOTAL W/ TAX $19,432.56 TOTAL SAVINGS $3,236.71 Payment Summary
Date Subtotal Tax Total
Jun 2022 $18,707.19 $725.37 $19,432.56
Total $18,707.19 $725.37 $19,432.56
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Page 2 ends

Quote Unbundled Price: $21,943.90
Quote List Price: $21,943.90
Quote Subtotal: $18,707.19
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware
50118 INTERVIEW - MIC - WIRED (STANDARD MIC) 1 $196.50 $167.52 $167.52 $15.92 $183.44 50298 INTERVIEW - CAMERA - OVERT DOME 1 $796.00 $678.59 $678.59 $64.46 $743.05 50322 INTERVIEW - TOUCH PANEL PRO 1 $2,700.00 $2,301.75 $2,301.75 $218.67 $2,520.42 74056 INTERVIEW - TOUCH PANEL WALL MOUNT 1 $64.00 $54.56 $54.56 $5.17 $59.73 50294 INTERVIEW - SERVER - LITE 1 $1,950.00 $1,662.38 $1,662.38 $157.91 $1,820.29 A la Carte Software
50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH
PANEL-PC) 1 $1,500.00 $1,278.75 $1,278.75 $121.51 $1,400.26 50045 INTERVIEW - SOFTWARE - UNLMITED E.COM
STORAGE (PER CAMERA) 1 60 $99.00 $84.40 $5,063.85 $0.00 $5,063.85 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE
(PER TOUCH PANEL-P 1 60 $25.00 $21.31 $1,278.75 $0.00 $1,278.75 50041 INTERVIEW - SOFTWARE - STREAMING SERVER
LICENSE (PER SERVER) 1 $1,750.00 $1,491.88 $1,491.88 $141.73 $1,633.61 50043 INTERVIEW - SOFTWARE - STREAMING SERVER
MAINTENANCE (PER SER 1 60 $29.17 $24.87 $1,492.05 $0.00 $1,492.05 A la Carte Services
85170 INTERVIEW - SERVICE - STANDARD INSTALL AND
SETUP (PER ROOM) 1 $2,500.00 $2,131.25 $2,131.25 $0.00 $2,131.25 A la Carte Warranties
50448 EXT WARRANTY, INTERVIEW ROOM 1 60 $21.62 $18.43 $1,105.86 $0.00 $1,105.86 Total $18,707.19 $725.37 $19,432.56

Page 3 ends

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
A la Carte 50118 INTERVIEW - MIC - WIRED (STANDARD MIC) 1 06/01/2022 A la Carte 50294 INTERVIEW - SERVER - LITE 1 06/01/2022 A la Carte 50298 INTERVIEW - CAMERA - OVERT DOME 1 06/01/2022 A la Carte 50322 INTERVIEW - TOUCH PANEL PRO 1 06/01/2022 A la Carte 74056 INTERVIEW - TOUCH PANEL WALL MOUNT 1 06/01/2022 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 TOUCH PANEL-P 1 07/01/2022 06/30/2027
A la Carte 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 1 07/01/2022 06/30/2027
A la Carte 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 1 07/01/2022 06/30/2027
A la Carte 50045 INTERVIEW - SOFTWARE - UNLMITED E.COM STORAGE (PER CAMERA) 1 07/01/2022 06/30/2027
Services
Bundle Item Description QTY
A la Carte 85170 INTERVIEW - SERVICE - STANDARD INSTALL AND SETUP (PER ROOM) 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50448 EXT WARRANTY, INTERVIEW ROOM 1 07/01/2022 06/30/2027

Page 4 ends

Payment Details
Jun 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 1 $1,278.75 $121.51 $1,400.26 Year 1 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 1 $1,278.75 $0.00 $1,278.75 Year 1 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 1 $1,491.88 $141.73 $1,633.61 Year 1 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 1 $1,492.05 $0.00 $1,492.05 Year 1 50045 INTERVIEW - SOFTWARE - UNLMITED E.COM STORAGE (PER CAMERA) 1 $5,063.85 $0.00 $5,063.85 Year 1 50118 INTERVIEW - MIC - WIRED (STANDARD MIC) 1 $167.52 $15.92 $183.44 Year 1 50294 INTERVIEW - SERVER - LITE 1 $1,662.38 $157.91 $1,820.29 Year 1 50298 INTERVIEW - CAMERA - OVERT DOME 1 $678.59 $64.46 $743.05 Year 1 50322 INTERVIEW - TOUCH PANEL PRO 1 $2,301.75 $218.67 $2,520.42 Year 1 50448 EXT WARRANTY, INTERVIEW ROOM 1 $1,105.86 $0.00 $1,105.86 Year 1 74056 INTERVIEW - TOUCH PANEL WALL MOUNT 1 $54.56 $5.17 $59.73 Year 1 85170 INTERVIEW - SERVICE - STANDARD INSTALL AND SETUP (PER ROOM) 1 $2,131.25 $0.00 $2,131.25 Total $18,707.19 $725.37 $19,432.56

Page 5 ends

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

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

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at 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.

ACEIP:

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

Acceptance of Terms:

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

Page 6 ends

\s1\ \d1\
Signature Date Signed
4/21/2022

Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 1 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.’s Axon brand products and Axon Evidence (Evidence.com) Data Management Solutions1
A sole source justification exists because the following goods and services required to satisfy 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 • Multi-mic audio—four built-in microphones
• Wireless upload option
• Gunshot detection and alerts
• Streaming audio and video capability
• “Find my camera” 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 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage
• Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120-second buffering period to record footage before pressing record but ton • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view
Axon Flex 2 Controller
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available
• Tactical beveled button design for use in pocket
• Compatible with Axon Signal technology
Axon Air System
• Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android
1 Axon is also the sole developer and offeror of the Evidence.com data management services.

Evidence.com is both a division of Axon and a data management product solution offered by Axon.

Evidence.com is not a separate corporate entity.

Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 2 • 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 AI 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 Enterprise, Inc. Axon Sole Source Letter Version 38 Page 3 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 compute r 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 Enterprise, Inc. Axon Sole Source Letter Version 38 Page 4 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-l-07+Al: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 Enterprise, Inc. Axon Sole Source Letter Version 38 Page 5 • 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 AI 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 Enterprise, Inc. Axon Sole Source Letter Version 38 Page 6 • 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 Enterprise, Inc. Axon Sole Source Letter Version 38 Page 7 • 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 ESRI 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 Enterprise, Inc. Axon Sole Source Letter Version 38 Page 8 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

Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 9 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Belt Clip Mount, Axon RapidLock Model: 11509

12. Axon Fleet Camera
• Axon Fleet 2 Front Camera: 71079
• Axon Fleet 2 Front Camera Mount: 71080
• Axon Fleet 2 Rear Camera: 71081
• Axon Fleet 2 Rear Camera Controller: 71082
• Axon Fleet 2 Rear Camera Controller Mount: 71083
• Axon Fleet Battery System: 74024
• Axon Fleet Bluetooth Dongle: 74027

13. Axon Signal Unit Model: 70112

14. Axon Dock Models:
• Axon Dock – Individual Bay and Core for Axon Flex 2
• Axon Dock – 6-Bay and Core for Axon Flex 2
• Individual Bay for Axon Flex 2 Model: 11538
• Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033
• Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011

15. Axon Signal Performance Power Magazine (SPPM) Model: 70116 Axon Product Packages

1. Officer Safety Plan: includes a CEW, Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers.

2. TASER Assurance Plan (TAP): 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

AXON BRAND PRODUCTS

SOLE AUTHORIZED REPAIR FACILITY

FOR AXON BRAND PRODUCTS
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions.

Sincerely,
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 10 Josh Isner
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, iPod Touch is a trademark of Apple Inc, iOS 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. ,
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.

Department of Justice (DOJ)
Office of Justice Programs
Washington, D.C. 20531Office of the Assistant Attorney General 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 OJP 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-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP 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 [email protected].

We look forward to working with you.

Sincerely,
Encl.

Katharine T. Sullivan
Principal Deputy Assistant Attorney General
Michael L. Alston
Director
Department of Justice (DOJ)
Office of Justice Programs
September 19, 2020
The Honorable Manuel Lozano
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226
Dear Mayor Lozano:

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://ojp.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 (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP 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,
Office of Civil Rights
Washington, DC 20531
cc: Grant Manager
Financial Analyst
Grant
PAGE 1 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance

1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226

8. SUPPLEMENT NUMBER
00 9. PREVIOUS AWARD AMOUNT $ 0

10. AMOUNT OF THIS AWARD $ 19,873
2a. GRANTEE IRS/VENDOR NO.
956005575

11. TOTAL AWARD $ 19,873
2b. GRANTEE DUNS NO.
070207998

3. PROJECT TITLE
FY 20 Local JAG Program

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
Katharine T. Sullivan
Principal Deputy Assistant Attorney General

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21.

FISCAL FUND BUD. DIV.

YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
DJBX 80 00 00 19873
VDJUGT2938

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Manuel Lozano
Mayor

4. AWARD NUMBER: 2020-DJ-BX-0258

5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM

6. AWARD DATE 7. ACTION
Initial
TO10/01/2019 09/30/2021
TO10/01/2019 09/30/2021
09/19/2020
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000/2 (REV. 4-88)

19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL17. SIGNATURE OF APPROVING OFFICIAL 19A. DATE 30 AWARD CONTINUATION
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0258

1. SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements 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-AwardReqts.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.
30 OJP FORM 4000/2 (REV. 4-88)

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PAGE 3 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0258

SPECIAL CONDITIONS
Applicability of Part 200 Uniform Requirements2.

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/Part200UniformRequirements.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.

Compliance with DOJ Grants Financial Guide3.

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.

Reclassification of various statutory provisions to a new Title 34 of the United States Code4.

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. 30 OJP FORM 4000/2 (REV. 4-88)

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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0258

SPECIAL CONDITIONS
Required training for Point of Contact and all Financial Points of Contact5.

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.

Requirements related to "de minimis" indirect cost rate6.

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.

Requirement to report potentially duplicative funding7.

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.
30 OJP FORM 4000/2 (REV. 4-88)

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PAGE 5 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0258

SPECIAL CONDITIONS
Requirements related to System for Award Management and Universal Identifier Requirements8.

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). 30 OJP FORM 4000/2 (REV. 4-88)

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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0258

SPECIAL CONDITIONS
Employment eligibility verification for hiring under the award9.

1. The recipient (and any subrecipient at any tier) must-- 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 confirmation 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 30 OJP FORM 4000/2 (REV. 4-88)

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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0258

SPECIAL CONDITIONS
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.B., 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 [email protected]. E-Verify employer agents can email E- Verify at [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Requirement to report actual or imminent breach of personally identifiable information (PII)10.

11. 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 PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

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://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

Specific post-award approval required to use a noncompetitive approach in any procurement contract that would 12. 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. 30 OJP FORM 4000/2 (REV. 4-88)

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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0258

SPECIAL CONDITIONS
Unreasonable restrictions on competition under the award; association with federal government13.

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.

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. 30 OJP FORM 4000/2 (REV. 4-88)

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Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and 14.

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.

Determination of suitability to interact with participating minors15.

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.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and 16. 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").

Requirement for data on performance and effectiveness under the award17.

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.

OJP Training Guiding Principles18.

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. 30 OJP FORM 4000/2 (REV. 4-88)

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Effect of failure to address audit issues19.

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.

Potential imposition of additional requirements20.

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.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 4221.

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.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 5422.

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." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 3823.

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.
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Restrictions on "lobbying"24.

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.

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.

25. Reporting potential fraud, waste, and abuse, and similar misconduct26.

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://oig.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. 30 OJP FORM 4000/2 (REV. 4-88)

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Restrictions and certifications regarding non-disclosure agreements and related matters27.

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.
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Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)28.

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.

Encouragement of policies to ban text messaging while driving29.

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.

Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ

30. 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 [email protected]. 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. 30 OJP FORM 4000/2 (REV. 4-88)

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Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; unallowable costs; notification

31. 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. 1.A 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. 1.A 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. 1.A of this condition, may be subject to any information- communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph 1.A 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. 1.A 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.
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Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:
information-communication restrictions; unallowable costs; notification

32. 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 1.A 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 1.A 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 1.A of this condition, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph

1.A 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 1.A 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 "information-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.
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Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance

33. 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/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.
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No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance

34. 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.

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.

(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).

(5) “DHS” means the U.S. Department of Homeland Security.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
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Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information

35. 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--

(1) 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 term "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 term "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. 30 OJP FORM 4000/2 (REV. 4-88)

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No use of funds to interfere with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information

36. 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 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

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 (see 8 U.S.C. 1101(a)(3));

(3) the term "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.
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Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release

37. 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

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.
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No use of funds to interfere with federal law enforcement: Notice of scheduled release

38. 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

4. Rules of construction

B. Applicability

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.
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Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens

39. 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

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. 30 OJP FORM 4000/2 (REV. 4-88)

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(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.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
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No use of funds to interfere with federal law enforcement: Interrogation of certain aliens

40. 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

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) is designed to prevent or to significantly delay or complicate, or

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(b) has the effect of preventing or of significantly delaying or complicating.

(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.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Requirement to collect certain information from subrecipients

41. 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.

Cooperating with OJP Monitoring

42. 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).

Required monitoring of subawards

43. 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. 30 OJP FORM 4000/2 (REV. 4-88)

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Use of program income

44. 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.

Law enforcement task forces - required training

45. 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).

Submission of eligible records relevant to the National Instant Background Check System46.

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. 30 OJP FORM 4000/2 (REV. 4-88)

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Compliance with National Environmental Policy Act and related statutes

47. 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.

Establishment of trust fund

48. 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.
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Prohibition on use of award funds for match under BVP program

49. JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.

Certification of body armor "mandatory wear" policies

50. 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.

Body armor - compliance with NIJ standards and other requirements

51. 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://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.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.

Body armor - impact on eligibility for other program funds

52. 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).

Reporting requirements

53. The recipient must submit quarterly Federal Financial Reports (SF-425) and annual performance reports through OJP's GMS (https:/ / grants.ojp.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.

Required data on law enforcement agency training

54. 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. 30 OJP FORM 4000/2 (REV. 4-88)

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Expenditures prohibited without waiver

55. 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.

JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA]

56. 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 OJP (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 OJP 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.

Use of funds for DNA testing; upload of DNA profiles

57. 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.

Encouragement of submission of "success stories"

58. 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 form. 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. 30 OJP FORM 4000/2 (REV. 4-88)

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Initial period of performance; requests for extension

59. 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.

Withholding of funds: Required certification from the chief executive of the applicant government

60. 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 determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

Withholding of funds: NIBRS set-aside

61. 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.

Withholding of funds: Disclosure of lobbying

62. 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.

Withholding of funds: Disclosure of pending applications

63. 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. 30 OJP FORM 4000/2 (REV. 4-88)
Memorandum To:

From:

Subject:

Washington, D.C. 20531
Orbin Terry, NEPA Coordinator
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)
Office of Justice Programs
Bureau of Justice Assistance
Official Grant File
GRANT MANAGER'S MEMORANDUM, PT. I:

PROJECT SUMMARY

1. STAFF CONTACT (Name & telephone number)

PROJECT NUMBER

6. NAME & ADRESS OF SUBGRANTEE

7. PROGRAM PERIOD 8. BUDGET PERIOD

9. AMOUNT OF AWARD 10. DATE OF AWARD

11. SECOND YEAR'S BUDGET
2020-DJ-BX-0258

2. PROJECT DIRECTOR (Name, address & telephone number)

4. TITLE OF PROJECT

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)

5. NAME & ADDRESS OF GRANTEE
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) Jorge Huerta
Lieutenant
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226
(626) 960-1955 ext.406
PAGE 11 OF
Elaine Vanlandingham
(202) 305-0034
FY 20 Local JAG Program
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)
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226
TO:10/01/2019 09/30/2021FROM: TO:10/01/2019 09/30/2021FROM:
$ 19,873 09/19/2020
3b. POMS CODE (SEE INSTRUCTIONS

ON REVERSE)
3a. TITLE OF THE PROGRAM
JAG Local: Eligible Allocation Amounts of Less than $25,000 Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF ________

STAFF REPORT
_________ITEM NO. 7
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar
BY: Mark Hsu, Information Systems Manager
DATE: May 18, 2022
SUBJECT: Approve a Proposal from GLOBAL CTI for the Purchase of A MITEL MIVOICE OFFICE Unified Communications System

SUMMARY
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 o f $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 rel iability, 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 performa nce. 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 is made and entered into this 12 day of May 2022 by and between the City of Baldwin Park, ("City"), and Global CTI (“Consultant").

In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows:

1. SCOPE OF SERVICES . Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the “Scope of Services” attached to and incorporated into this Agreement as Exhibit “A.” Duration of Scope of Services may be extended on a month-to-month basis but shall not exceed the total compensation.

2. 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 “B.”

3. TIME FOR PERFORMANCE . Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices : Global CTI provides services 8 hours per day, 5 days per w eek. Contract will take no more than 6 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 perio d of three years after final payments are issued and other pending matters.

5. STATUS OF CONSULTANT . Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services t o 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 a result of services performed hereunder.

6. ASSIGNMENT. This Agreement is for 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 Agreeme nt to a financial institution.

7. RIGHT TO UTILIZE OTHERS . City reserves the right to utilize others to perform work similar to the Services provided herein.

8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws 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 laws and ensuring that all services 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 C onsultants' 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 pe rformance 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 aut omobiles 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 or employees shall be in excess of Consultants’ insurance and not contributed with it.
(3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective.
(F) With respect to Workers’ Compensation Insurance, 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 shall be reflec ted in the Workers’ Compensation Insurance endorsement.

11. OWNERSHIP OF DOCUMENTS . All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City’s ownership of doc uments includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant.

12. RECORDS AND INSPECT IONS. Consultant shall maintain full and accurate records with respect to all services and matters 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 of key personnel and telephone numbers for emergency contact after normal business hours.

13. TAXPAYER IDENTIFICATION NUM BER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service.

14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential 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 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.

16. RIGHT TO TERMINAT E. City may terminate this Agreement at any 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 “16” of this Agreement, City shall be liable 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 C ONDITIONS. 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 verb al 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 for job 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:

Mailing Address: PO Box 2028, Bakersfield, CA 93303
www.gcti.com
800-366-1711 – Phone
661-323-0748 - Fax
CORPORATE INFORMATION:

Business Name: Global CTI Group, Inc.

Type of Company: Corporation
Established: California, 2001
CA Entity ID 2334291/000
Federal ID: 77-0568535
Dun & Bradstreet 098295699
CA Reseller Number SR ARH 97-862891
CA Contractors C-7 Number 815066
SPIN# 143016795
DIR Number 1000008172
Mailing Address: PO Box 2028 Bakersfield, CA 93303
Physical Address: 5329 Office Center Court, Ste 200
Bakersfield, CA 93309
President: David Kaiser
Line # Part # Qty. Description Total Unit

0.000.0010

0.00 1 0 1 MiVoice Business - Enterprise Software 0.00 0.00

0.0010

0.000.00
2 54001627 1 NPUM Record A Call 0.00 0.00
10 0.000.001
3 54002701 12 MiVoice Business License-SINGLE LINE EXT 540.00 45.00 0 0.000.0010
4 54004491 50 SIP TRUNKING CHANNEL PROXY 1,500.00 30.00

0.000.0010

0.00 5 54004975 22 MiVoice Bus License - Enterprise User 2,310.00 105.00

0.0010

0.000.00
6 54005330 1 Enterprise License Group 600.00 600.00
10 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 x1 1,170.00 195.00 18 54006543 1 UCCv4.0 STND User for MiVoice Bus x50 8,280.00 8,280.00 19 MiVoice Business - Core Telephony Infrastructure
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 8/120G 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 MiVoice Business - 6900 Series IP Telephones
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 MiVoice Business - IP Telephone Accessories
33 50006763 1 68xx/69xx Bluetooth Handset 114.00 114.00 34 MiVoice Business - Controller Hardware
35 50006266 3 3300 CX(i) II Controller SATA SSD 450.00 150.00 36 MiVoice Business - IP DECT Cordless
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
43 MISC 4 Installation Hardware (Cables, Blocks, Connectors & Patch Cords for 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 City of Baldwin Park
Exhibit A - Mitel - MiVoice Business
Mitel Business Systems, Inc. Sourcewell Contract #022719-MBS Confidential 5/6/2022 Page 1
Line # Part # Qty. Description Total Unit
City of Baldwin Park
Exhibit A - Mitel - MiVoice Business
Mitel Business Systems, Inc. Sourcewell Contract #022719-MBS 0 70
48 0.000.00
Cat 6 Cable from MPOE to Data IDF and overhead PA at City Yard Last Line1
49 Cable-MISC 1 Cat 6 cable materials 125.00 125.00
50 1

0.00 Aruba Instant On - Data Switches

0.001
51 JL680A 1 Aruba Instant On 1930 8G 2SFP Switch 125.00 125.00 52 JL807A 5 Aruba Instant On 1960 24G 20p CL4 4p CL6 PoE 2XGT 2SFP+ 370W Switch 6,000.00 1,200.00 53 JL809A 1 Aruba Instant On 1960 48G 40p CL4 8p CL6 PoE 2XGT 2SFP+ 600W Switch 2,200.00 2,200.00 54 Notes

0.00 Intrado - Emergency Routing Service

0.001
55 EN911-MMRC3H 12 Enterprise 911 Service Minimum Monthly Charge - SMB - Up to 300 locations / 300 endpoints
Notes
3,600.00 300.00
56 0.000.00
Intrado ERS - One Time Setup Fee
1Notes
57 EN911-SMB3HS 1 ERS Account Setup Fee -SMB - Up to 300 locations / 300 endpoints 3,400.00 3,400.00 58 0.000.00
Description of Professional Services
1Notes
59 0.000.00
* GCTI will assign a PM as single point of contact for coordination, planning, scheduling and task management.
1Notes

0.00 60

0.001
* 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
Notes

0.000.00
61 1Notes
* GCTI Project Team will install a CAT 6 drop between the IDF and MDF to support the extension of PRI's 0.000.001
62 Notes

0.00 * GCTI Engineer will install, configure, test and ready all Mitel System components for cutover

0.001Notes
63 0.000.00
* This quote assumes the client will provide a network to support VoIP and PoE requirements
1Notes

0.00 64

0.001
* GCTI Project Team will deploy and provision all IP Phones prior to cutover and user training
Notes

0.000.00
65 10
* GCTI Project Manager will deliver in-person User Training in a Classroom setting to ensure users are trained prior to cutover

0.000.001
66 0

0.00 * GCTI Engineer, at cutover, will convert existing PRI's from the current system to SIP Trunks on the new Mitel System and test

0.0010
67 0.000.00
* GCTI Project Team will provide adequate manhour onsite for First Day of Business Help Desk and User support after cutover
1 68 * GCTI will install a new Valcom PA system with cabling for 2 horns to support the Public Works Yard location
69 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:

9.500% $9,642.65
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
Line # Part # Qty. Description Total Unit
_________________________________________________________ City of Baldwin Park
Exhibit A - Mitel - MiVoice Business
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.

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
Buyer = City of Baldwin Park, This Exhibit A is an Agreement between Global CTI and Buyer.

Authorized Contact: Emmanuel Estrada
Authorized Signature: X
Normal system shipping is 10 business days from time of contract signature. Additional shipping fees will apply for expedite shipping.
- Attached Exhibit M - List of itemized products covered by Software Assurance, Hardware Warranty, and/or Global CTI Support
Confidential 5/6/2022 Page 3
Line # Part # Qty. Schedule M - List of Components
36 10
1 0 1 Mitel Software Licenses
10 1
2 Covered 1 NPUM Record A Call
0 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 x1
18 Covered 1 UCCv4.0 STND User for MiVoice Bus x50
19 MiVoice Business - Core Telephony Infrastructure
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 MiVoice Business - IP Telephone Accessories
31 Not Covered 1 68xx/69xx Bluetooth Handset
32 Not Covered 161 6920 IP Phone
33 Other Vendor Product Support/Maintenance
34 EN911-SMB3HS 1 ERS Account Setup Fee -SMB - Up to 300 locations / 300 endpoints 35 0 1 Last Line
City of Baldwin Park
Exhibit M - Equipment Covered
Enhanced Support Plan
Confidential 5/6/2022 Page 1
Global CTI
Schedule of Services – Enhanced Mitel 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 ma y 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 t erm. 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.

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Proprietary & Confidential Page 2 of 5
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 sai d, if a user dials emergency services (911) via these devices, the 911 Public Safety Answering Point (PSAP) will recognize the call er-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 S ite 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 Definition Priority
Response Time
(Business Hours)
Response Time
(After Hours)
Resolution
Time
CRITICAL: Defined as System Down: System Down
is defined as Inbound and/or outbound calls,
voicemail, auto attendants, workgroups, or contact
center are NOT functional.
1 Within 2 hours Within 4 hours ASAP - Best
Effort
NON CRITICAL: Non-critical but significant issue or
an issue that is degrading the performance and
reliability of supported services. These issues could
escalate to a critical status if not addressed quickly. 2 Within 4 hours Next Business Day ASAP - Best
Effort

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Proprietary & Confidential Page 3 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 Mitel 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

ENHANCED
Proprietary & Confidential Page 4 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.

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Proprietary & Confidential Page 5 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 to consult with legal counsel of your choice but declined to do so), you are authorized to enter such agreement, and you are willfully bound by all the terms and conditions set forth in this Agreement. Further, by our signature below, we likewise agree to be legally bound by the Agreement and by all the terms and conditions set forth in it. “Buyer”
Signature
Printed Name/Title
Date
Global CTI Group, Inc.
“Global”
Signature
Printed Name/Title
Date

MASTER SERVICES AGREEMENT
GLOBAL CTI GROUP, INC.

Customer

Global CTI Group, Inc.

(“
VENDOR
”)
Legal Name:

Business Name (if different)
:
(“
BUYER
”)

Global CTI Group, Inc.

Address for Official Notices

5329 Office Cent
e
r

Ct.

Suite 200

Bakersfield, CA 93309

Company
Contact
Authorized

Contact

Name:

Title:

Email:

Telephone:

Name:

Title:

Email:

Telephone:

THIS MASTER SERVICE AGREEMENT IS ENTERED BY AND BETWEEN THE “BUYER” AND THE "VENDOR" LISTED BELOW. BUYER

ACKNOWLEDGES, UNDERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS O
F THIS

AGREEMENT AND ANY ATTACHEMENTS
HERETO. A FACSIMILE OF THIS DOCUMENT IS VALI
D AND BINDING.

VENDOR:

GLOBAL CTI GROUP, INC.

BUYER:

Signature:

Print Name:

Title:

Date:

Page |
1 Master
Service

Agreement

Global CTI Group Inc., a California Corporation hereinto referred to as the “Vendor” and hereinto referred to as “Buyer” agree as follows:

1. Definitions

Normal Business Hours
: 8:00 a.m. to 5:00 p.m. PST
–

Monday thru Friday, excluding
Holidays.

After
-
Hours
: All hours not included in Normal Business Hours.

Business Day
: Monday through Friday inclusive, excluding holidays.

Next Business Day
: Next

Business Day following acknowledgement by
Vendor

of defect.

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.

Product
:

the product as described in Schedule A.

System
: As referenced in Exhibits and Schedule M.

Time of Coverage
: As

referenced in Exhibits.

Professional Services
:

Labor.

TAC: Defined as Technical Assistance Center. May also be referenced to as Client

Care
or NOC (Network Operations Center).

Exhibits
:


Schedule

A
:

I
temized list of equipment purchased by Buyer
,
including any
applicable terms
.



Schedule M
:

It
emized 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 perf
ormed by Global for Professional
Services purchased by Buyer.

2. Support

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 def
ine the level of support that can be expected by
Buyer
.

Page |
2 Vendor

commitments surrounding these Response Standards and SLAs are referenced in Exhibits.

3. Buyer

Responsibilities

Authorized Contacts.

Buyer
shall designate specific Authorized Contacts.

Buyer

sh
all
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.

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.

A
ccess.

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.

Add
-
On Purchases. Support for all add
-
on purchases will be billed at the time of shipment,
pro
-
rated for the remaining te
rm, 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.

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.

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 wit
hin 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 o f 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.

Term. The initial term o
f this Agreement will commence on the date product is first shipped to
Buyer
.

Additions to the
System
shall be prorated to end per the initial
term
of this Agreement.

Renewal. At the end of the initial term, this Agreement will auto matically

renew unless
c
ancelled 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 init
ial term. If
Buyer

terminates contract prior to the end
Page |
3 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

P
rice. 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 remai
ning 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 pa
rty 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 suppor
t 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 W

ARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, OR NON
-
INFRINGEMENT.

7. Miscellaneous

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 a
dvertising. 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 Agree
ment, 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 complianc
e 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 |
4 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 EXCL

USIVE 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

LIABILI
TY) 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 EQUI

PMENT, 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 RES

PONSIBLE 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

TERMINATI

ON 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 t
he 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 b e cumulative
and no remedy provided for hereunder shall be exclusive. With payment terms set at 50% at Page |
5 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 e
quipment 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
eighte
en (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 Equip ment
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 obl igation 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 sh
ipment. 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.

Scott Peterson
SVP America, Sales
[email protected]
9178037221
June 17, 2020

________ _________

STAFF REPORT
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
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ORDINANCE NO. 1471

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BALDWIN PARK ADOPTING POLICE DEPARTMENT
(POLICY NO. 706), IN ACCORDANCE WITH ASSEMBLY
BILL 481
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 1 2
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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, 1 2
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and that by approving this Ordinance No.1471, within 180 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, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:

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 1 2
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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.

Emmanuel Estrada, Mayor
ATTEST:

Marlen Garcia, City Clerk
APPROVED AS TO FORM:

Robert Tafoya, City Attorney
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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 _____________, 2022.

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, I have hereunto set my hand and the Official Seal of the City of Baldwin Park, this day of _, 2022.

Published with permission by Baldwin Park Police Department Military Equipment - 1
_
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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.

Published with permission by Baldwin Park Police Department Military Equipment - 2
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:

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

Published with permission by Baldwin Park Police Department Military Equipment - 3
(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.

Published with permission by Baldwin Park Police Department BPPD Military Equipment Inventory.pdf - 5
BPPD Military Equipment Inventory.pdf
BPPD Military Equipment Inventory.pdf
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 | Cost: $ 24,885 | Quantity: 2 | 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 Bearcat| Cost: $245,113.49 | Quantity: 1 | 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. Description, quantity, capabilities, and purchase cost:
i. 2014 Mobile Command Post | Cost: $168,302.65 | Quantity: 1 | 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 | 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 | Cost: $25 | 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. g. Legal and Procedural Rules:

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 | 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: A1 | Cost: $2,899 | Quantity: 2 | 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) | 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 | Cost: $2,500 | Quantity: 10 | 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 MP5. 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: A1: 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) | Cost: $98.30 | 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. g. Legal and Procedural Rules:

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:
i. Defense Technology Flameless Tri-Chamber CS, #1032 | Cost: $44.90 | Quantity: 5| 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. ii. Defense Technology Flameless Tri-Chamber OC, #1030 | Cost: $47.60 |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| 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 | Cost: $28.45 |Quantity: 5| 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)
g. 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.

8. 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 LMT™ Tactical Single Launcher I425, Expandable Stock | Cost: $1,200 | Quantity: 12 | 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 iMpact™ Sponge Round: #6325 | Cost: $20.79 |Quantity: 22| The 40 mm exact iMpact™ 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 iMpact™ 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 iMpact™ 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 iMpact™ 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 | Cost: $20.79 |Quantity: 52| 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 | Cost:
$25.95 |Quantity: 10| 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 | 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, by words 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 iMpact™ 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) | Cost: $645 | 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 | Cost: $5.34 | 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:

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, by words 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:
i. Launchers: Annual maintenance is approximately $0 to $50 for each launcher ii. 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
g. 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. ________ _________

STAFF REPORT
ITEM NO. 9
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Acting Director of Community Development DATE: May 18, 2022
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 EAZE), 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 I-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 EAZE. 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. 2 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
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

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Baldwin Park City CouncilMay 18, 2022

Baldwin Park City Council
May 18, 2022