Baldwin Park City Council
July 6, 2022

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, July 6, 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: June 30, 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 July 6, 2022.

Marlen Garcia,
City Clerk

AGENDA

BALDWIN PARK CITY COUNCIL

SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706

July 6, 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 Ju ly 6 , 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 request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

OPEN SESSION/STUDY SESSION
• 3rd Floor and Council Chambers Rendering
Presented by Director of Public Works Sam Gutierrez

RECESS TO CLOSED SESSION

1. Public Employment
Pursuant to Government Code §54957:

Position: Director of Community Development

2. Conference With Legal Counsel— Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

Case Name: Christopher Kuberry, Michael Hemmingway Case No. 22STCV07382 And Raymond Findley v. City of Baldwin Park

Case Name: Jorge Huerta v. City of Baldwin Park Case No. 22PSCP00250

Case Name: ICRMA v. City of Baldwin Park Case No. 21PSCV00526

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

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

Case Name: John Rios v. City of Baldwin Park Case No. 19STCP05465

Case Name: Noe Cervantes Workers Compensation Case No. 15-122596

Case Name: Darryl Kosaka Workers Compensation Case No. 20-147689

Case Name: Darryl Kosaka Workers Compensation Case No. 20-146802

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 July 6, 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. Notifi cation 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

July 6, 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 Members: Alejandra Avila, Monica Garcia, Paul C.

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

Estrada

REPORT FROM CLOSED SESSION

ANNOUNCEMENTS

PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Gun Violence Awareness Proclamation
Presented to Francoise Coulton

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 action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances ex ist. 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 7:00 PM to 8:00 PM on J uly 6, 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 reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.

City Council Agenda Page 3

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 Counci lmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.

1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.

2. Claim Rejection
Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice or rejection to claimant(s):

Contreras, Samantha Claimant Alleges Physical Injuries Sanchez, Lesly Claimant Alleges Property Damages This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers.

3. Approval of Resolution No. 2022 -035 Affirming City Council Acceptance of Certificate of Insufficiency of Initiative Petition entitled, “Initiative Measure Regarding Minimum Wage for Healthcare Workers”
Staff recommends that the City Council Adopt Resolution No. 2022- 035 and accepting the Certificate of Insufficiency issued by the Chief Deputy City Clerk regarding the initiative petition entitle “ Initiative Measure Regarding Minimum Wage for Healthcare Workers”.

4. Request of Authorization to Purchase new Jail Interrogation Room Camera and Components from Axon Enterprises
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 Axon Enterprises; and

3. Authorize the Director of Finance to appropriate $18,862 from the JAG Grant 2017- DJ-BX-0469-00 using account 271- 30-360-58110-53008 and $1,280.01 from Federal Asset Forfeiture using account 205- 30-360-58110-00000 and make any necessary budget adjustments; and

4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase.

5. Authorization to Issue a Request for Proposal (RFP) for Website Redesign, Hosting and Maintenance Services
Staff recommends that City Council approve and authorize the advertisement of the Request for Proposal (RFP) for the redesign, hosting, and maintenance services.

City Council Agenda Page 4

6. Adoption of a Resolution to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361
Staff recommends that City Council adopt Resolution No. 2022- 036 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from July 6, 2022, through August 5, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions.

CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &

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 30 th day of June
2022.

Marlen Garcia
City Clerk

For further information regarding agenda items, please contact the office of the City C lerk at (626) 960- 4011 ext. 466 or via e- mail at [email protected].

In compliance with the Americans with Disabilities Act, if you need special assistan ce 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)

STAFF REPORT
ITEM NO. _________1________

TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: July 6, 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 $539,155.65 and the attache d General Warrants Register was $802,215.90 for a total amount of $1,341,371.55.

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 consist s of check number s 201441 to 201473 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 33478 to 33722 for the period May 29, 2022 through June 11, 2022 inclusive; these are presented and hereby ratified in the amount of $539,155.65.

2. General Warrants, with the bank drafts in the amount of $312,313.41 and checks from 236585 to 236724 in the amount of $489,902.49 for the period of June 2, 2022 to June 16, 2022, inclusive; in the total amount of $802,215.90 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: Enrique C. Zaldivar, Chief Executive Officer
Laura J. Thomas, Human Resources & Risk Manager

DATE: July 6, 2022
SUBJECT: Claim Rejection

SUMMARY
This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park.

RECOMMENDATION
Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s):

Contreras, Samantha Claimant alleges physical injuries

Sanchez, Lesly Claimant alleges property damages

This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers.

FISCAL IMPACT
Fiscal impact is unknown at this time.

BACKGROUND
In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ALTERNATIVES
There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received.

ATTACHMENTS
None

STAFF REPORT
ITEM NO. ________3_________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
BY: Lourdes Morales, Chief Deputy City Clerk

DATE: July 6, 2022
SUBJECT: Approval of Resolution No. 2022 -035 Affirming City Council Acceptance of Certificat e of Insufficiency of Initiative Petition entitled “Initiative Measure Regarding Minimum Wage for Healthcare Workers”

SUMMARY
Staff seeks City Council approval for the acceptance of the Certificate of Insufficiency of the initiative measure regarding minimum wage for healthcare workers.

RECOMMENDATION
Staff recommends that the City Council Adopt Resolution No. 2022-035 and accepting the Certificate of Insufficiency issued by the Chief Deputy City Clerk regarding the initiative petition entitle “ Initiative Measure Regarding Minimum Wage for Healthcare Workers”.

FISCAL IMPACT
There is no fiscal impact associated with the certification.

BACKGROUND
The initiative petition entitled “Initiative Measure Regarding Minimum Wage for Healthcare Workers ” was submitted by proponents to the City Clerk’s Office on May 10 , 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, 167 signatures.

On June 15, 2022, the ROV provided the City with confirmation of 3, 309 valid signatures and based on those findings, the City Clerk’s Office has deemed the petition insufficient and requires no further action by the legislative body of the City.

LEGAL REVIEW
City Attorney has reviewed the content of this report.

ALTERNATIVES
None required.

ATTACHMENTS

1. Resolution No. 2022-035

2. Certificate of Insufficiency Exhibit “A”

3. Correspondence of findings from the County Registrar of Voters

RESOLUTION NO. 2022-035

A RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK,

CALIFORNIA ACCEPTING THE CERTIFICATE OF THE CITY CLERK AS

TO THE INSUFFICIENCY OF THE INITI ATIVE PETITION ENT ITLED “INITIATIVE MEASURE REGARDING MINIMUM WAGE FOR
HEALTHCARE WORKERS”

WHEREAS, on February 14, 2022, the proponents of an initiative measure entitled “Initiative Measure Regarding Mini mum Wage for Healthcare Workers ” submitted a No tice of Intention and written text of the measure and requested that a title and su mmary be prepared by the City Attorney for the measure in order to circulate the petition; and

WHEREAS, on March 1, 2022, the City Att orney 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 March 3, 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 March 3 , 2022, and the Clerk determined that the number of registered voters in the City was 34,962; and

WHEREAS, the initiative petition would requir e 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 May 10, 2022 and were the n submitted to the Los Angeles County Registrar Re corder on May 11, 2022 for signature verification; and

WHEREAS, the results of the signature ver ification conducted by the Los Angeles County Registrar-Recorder established that 4,167 signatures on the petition were e xamined of which 3,309 were found to be sufficient; and

WHEREAS, the number of signatures qualified (3,309), does not meet 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 Insufficiency of the petition “Exhibit A”.

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 Insufficiency regarding the initiative petition.

Section 2. That the City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 6th day of July 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. 2022-023 was duly adopted by t he City Co uncil of the City of Baldwin Park at a regular meeting thereof held on July 6, 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 INSUFFICIENCY OF PETITION

I, Lourdes Morales, Chief Deputy City Clerk /Elections Official of the City of B aldwin Park, County of Los Angeles, State of California hereby certify that:

The petition entitled “Initiative Measure Regarding Minimum Wage for Healthcare Workers” was filed with the City Clerk’s Office on February 14, 2022.

That each section contains signatures purporting to be signatures of qualified electors of the City of Baldwin Park, California.

On June 15 , 2022 the Los Angeles C ounty 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: 4,167 Total number of signatures verified: 4,167 Number of signatures found sufficient: 3,309 Number of signatures found insufficient: 858 Number of signatures insufficient because of duplication: 63 Total number of signatures required to qualify: 3,496

Based on the above, the petition is deemed to be insufficient.

ATTEST:

STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:

CITY OF BALDWIN PARK

IN WITNESS WHEREOF, I have hereunto set my hand and af fixed the official seal of the City of Baldwin Park this 16th day of June 2022.

__________________________
Lourdes Morales
Chief Deputy City Clerk
City of Baldwin Park

ITEM NO. ________4_________

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Robert A. López, Chief of Police
DATE: July 6, 2022
SUBJECT: Request for Authorization to Purchase new Jail Interrogation Room Camera and Components from Axon Enterprises

SUMMARY
This repor t seeks authorization from the City Council to purchase a new camera and related components for the Police Department’s Jail Interrogation 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 r equested camera and related components from Axon Enterprises; and

3. Authorize the Director of Finance to appropriate $18,862 from the JAG Grant 2017-DJ-BX- 0469-00 using account 271-30-360-58110-53008 and $1,280.01 from Federal Asset Forfeiture using account 205-30-360-58110-00000 and make any necessary budget adjustments; and

4. Authorize the Chief of Police, or his designee, to complete all appropriat e documentation to complete the purchase.

FISCAL IMPACT
There will be no fiscal impact to the General Fund. T his purchase will be reimbursed utilizing funds from an awarded 2017 Department of Justice, Justice Assistance Grant ( JAG) from the Office of Justice Programs (OJP) in the a mount of $18,862 and the balance of $1,280.01 will be funded by Federal Asset Forfeiture.

BACKGROUND
In 20 17, the City of Baldwin Park entered into a subrecipient agreement with the United States Department of Just ice (DOJ) Office of Justice Program s (OJP) and was awarded $18,862 as part of DOJ’s Edward Byrne Memorial JAG Program. This award allows for the purchase of Police Department cameras, specifically one replacing the Detective’s interview room video/audio recording equipment.

The OJP will reimburse the City up to the maximum grant amo unt of $ 18,862 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 for the Police Department that is essential for documenting and presenting video/audio evidence to the Los Angeles County District Attorney’s Office for criminal prosecutions.

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. The Police Department is currently upgrading the D etective’s Interview Room with an A xon Camera system that was approved by City Council on May 18, 2022. Purchasing th e replacement Jail Interrogation Room camera from Axon allows us to utilize the same cloud- based data storage system as the other vid eo recording devices.

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 within 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 – 2017-DJ-BX-0469-00

Q-388465-44672.644KP
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 $669.76 TOTAL COST $19,355.09
ESTIMATED TOTAL W/ TAX $20,142.01 TOTAL SAVINGS $3,348.81

Payment Summary
Date Subtotal Tax Total
Jun 2022 $19,355.09 $786.92 $20,142.01
Total $19,355.09 $786.92 $20,142.01
Axon Enterprise, Inc.
17800 N 85th St.

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

Quote Unbundled Price: $22,703.90
Quote List Price: $22,703.90
Quote Subtotal: $19,355.09
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 50294 INTERVIEW - SERVER - LITE 1 $1,950.00 $1,662.38 $1,662.38 $157.91 $1,820.29 50220 INTERVIEW - SWITCH - HP 8 PORT 1 $760.00 $647.90 $647.90 $61.55 $709.45 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 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 50041 INTERVIEW - SOFTWARE - STREAMING SERVER
LICENSE (PER SERVER) 1 $1,750.00 $1,491.88 $1,491.88 $141.73 $1,633.61 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE
(PER TOUCH PANEL-P 1 60 $25.00 $21.31 $1,278.75 $0.00 $1,278.75 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 $19,355.09 $786.92 $20,142.01

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 50220 INTERVIEW - SWITCH - HP 8 PORT 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

Payment Details
Jun 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Upfront 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 1 $1,278.75 $121.51 $1,400.26 Upfront 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 1 $1,278.75 $0.00 $1,278.75 Upfront 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 1 $1,491.88 $141.73 $1,633.61 Upfront 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 1 $1,492.05 $0.00 $1,492.05 Upfront 50045 INTERVIEW - SOFTWARE - UNLMITED E.COM STORAGE (PER CAMERA) 1 $5,063.85 $0.00 $5,063.85 Upfront 50118 INTERVIEW - MIC - WIRED (STANDARD MIC) 1 $167.52 $15.92 $183.44 Upfront 50220 INTERVIEW - SWITCH - HP 8 PORT 1 $647.90 $61.55 $709.45 Upfront 50294 INTERVIEW - SERVER - LITE 1 $1,662.38 $157.91 $1,820.29 Upfront 50298 INTERVIEW - CAMERA - OVERT DOME 1 $678.59 $64.46 $743.05 Upfront 50322 INTERVIEW - TOUCH PANEL PRO 1 $2,301.75 $218.67 $2,520.42 Upfront 50448 EXT WARRANTY, INTERVIEW ROOM 1 $1,105.86 $0.00 $1,105.86 Upfront 74056 INTERVIEW - TOUCH PANEL WALL MOUNT 1 $54.56 $5.17 $59.73 Upfront 85170 INTERVIEW - SERVICE - STANDARD INSTALL AND SETUP (PER ROOM) 1 $2,131.25 $0.00 $2,131.25 Total $19,355.09 $786.92 $20,142.01

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.

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

Axon Enterprise, Inc. Axon Sole Source Letter Version 41 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 41 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 41 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 41 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 41 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 Attorney Premier
• All the benefits Axon Evidence for Prosecutors
• Purpose-built user interface optimizes evidence management, review functionalities, and case relevant information
• Unlimited AI transcription of playable video and audio files • Native image and PDF redaction software
• Ability to natively play a wide variety of 3rd party video codecs (CCTV) and extract file into an MP4
• Ability to obtain evidence directly from members of the community via secure web link
• Unlimited storage and data collected and shared by Axon partner agencies via Axon Evidence (Evidence.com)
• Available unlimited 3rd party data source storage plan • Pro Licenses – all users have access to pro license features, including the Redaction Studio, Transcription Assistant, and Multi-Cam, and Reporting functionalities • Transcription is Unlimited and automatic (i.e. all videos ingested into Attorney Premier are automatically transcribed)
• Discovery module designed to optimize all aspects of discovery management

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 Enterprise, Inc. Axon Sole Source Letter Version 41 Page 6 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 • 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 instal lation 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

Axon Enterprise, Inc. Axon Sole Source Letter Version 41 Page 7 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.
• 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

Axon Enterprise, Inc. Axon Sole Source Letter Version 41 Page 8 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 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

Axon Enterprise, Inc. Axon Sole Source Letter Version 41 Page 9 • 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, Axon Body 2 Camera, and Axon Body 3 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 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Mini MOLLE Mount, Axon RapidLock Model: 11703
• 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
• Axon Fleet 3 Dual View Camera: 72000
• Axon Fleet 3 Interior Camera: 72037
• Axon Fleet Hub: 72010

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

Axon Enterprise, Inc. Axon Sole Source Letter Version 41 Page 10

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

1. Officer Safety Plan: Includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers.

2. Officer Safety Plan 7: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Aware, and Axon Records Core.

3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm.

4. Officer Safety Plan 7 Plus Premium: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, Axon Signal Sidearm, Axon Auto-Transcribe, Axon VR Training, and unlimited first-party and unlimited third-party storage.

5. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management.

6. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P energy weapons, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.)

7. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content .

8. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content.

9. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training.

10. TASER 60: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years.

11. Unlimited Cartridge Plan: Allows the agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P.

12. TASER 60 Unlimited: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries.

13. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5- year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty

Axon Enterprise, Inc. Axon Sole Source Letter Version 41 Page 11 cartridges, and access to online training.

14. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging.

15. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging.

16. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage.

17. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license.

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,

Josh Isner
Chief Operating 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 Body, Axon Evidence, Axon Fleet, Axon Flex, Axon Interview, Axon Records, Axon Respond, Axon Signal, Axon Standards, X2, X26P, 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. © 2022 Axon Enterprise, Inc.

U.S. Department of Justice
Office of Justice Programs
Washington, D.C. 20531Office of the Assistant Attorney General November 2, 2018
Mr. Shannon Yauchzee
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226
Dear Mr. Yauchzee:

On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $18,862 for City of Baldwin Park.

Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate.

If you have questions regarding this award, please contact:
- Program Questions, Elaine Vanlandingham, Program Manager at (202) 305-0034; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at [email protected].

Congratulations, and we look forward to working with you.

Sincerely,
Enclosures
Matt Dummermuth
Principal Deputy Assistant Attorney General
U.S. Department of Justice
Office of Justice Programs

OFFICE FOR CIVIL RIGHTS
810 7th Street, NW
Washington, DC 20531
Tel: (202) 307-0690
TTY: (202) 307-2027
E-mail: [email protected]
Website: www.ojp.usdoj.gov/ocr
November 2, 2018
Mr. Shannon Yauchzee
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding.

Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.

In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/ocr/vawafaqs.htm.

Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards.

Dear Mr. Yauchzee:

OCR Letter to All Recipients
Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website https://www.lep.gov.

Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith-based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm.

SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment.

Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).

Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).

Sincerely,
Meeting the EEOP Requirement
An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at [email protected].

Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR.

Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm.

If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us.

Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
Grant
PAGE 1 OF
U.S. Department of Justice
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

10. AMOUNT OF THIS AWARD
$ 0
$ 18,862

11. TOTAL AWARD $ 18,862
2a. GRANTEE IRS/VENDOR NO.
956005575
2b. GRANTEE DUNS NO.
070207998

3. PROJECT TITLE
FY 17 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 FY17(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5), including subpart 1 of part E (codified at 42 U.S.C. 3750 - 3758); 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

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

GRANTEE ACCEPTANCE
Matt Dummermuth
Principal Deputy Assistant Attorney General

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21.

FISCAL
YEAR
FUND
CODE
BUD.

ACT. OFC.

DIV.

REG. SUB. POMS AMOUNT

DJBX 80 00 00 18862
SDJUGT0791

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Shannon Yauchzee
Chief Executive Officer

4. AWARD NUMBER: 2017-DJ-BX-0469

5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM

6. AWARD DATE 7. ACTION
Initial
11/02/2018
TO
TO
10/01/2016
10/01/2016
09/30/2020
09/30/2020
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

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

19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 20 AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

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 certifications or assurances 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.

Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("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.

The Department of Justice ("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 42 U.S.C. 3795a), 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.

Applicability of Part 200 Uniform Requirements
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 2017 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2017 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 2017 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.

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 Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the "2015 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.

1. 2.

3. OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

SPECIAL CONDITIONS
Required training for Point of Contact and all Financial Points of Contact 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, 2016, 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, 2016, 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 rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.

4. 5.

6. OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 4 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

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

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 exceed $150,000
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, $150,000). 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 $150,000)), and are incorporated by reference here.

7. 8.

9. OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 5 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

SPECIAL CONDITIONS
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide").

Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.

The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm.

Effect of failure to address audit issues
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 requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list.

10. 11.

12. 13.

14. 15.

OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 6 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

SPECIAL CONDITIONS
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016.

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 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 the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," 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.

Restrictions on "lobbying"
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.

16. 17.

18. 19.

OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 7 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

SPECIAL CONDITIONS
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2017) 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, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are set out at https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.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.

Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") 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) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

20. 21.

OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 8 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters 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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SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) 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 driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

Cooperating with OJP Monitoring

The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

FFATA reporting: Subawards and executive compensation

The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made 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).

23. 24.

25. 26.

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SPECIAL CONDITIONS
Use of program income

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.

Justice Information Sharing

In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, the recipient (and any subrecipient at any tier) must comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular award. The recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at:
https://it.ojp.gov/gsp_grantcondition. The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

Avoidance of duplication of networks

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

Compliance with 28 C.F.R. Part 23

With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). The recipient may not satisfy such a fine with federal funds.

Protection of human research subjects

The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Confidentiality of data

The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 42 U.S.C. 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

27. 28.

29. 30.

31. 32.

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SPECIAL CONDITIONS
Verification and updating of recipient contact information

The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes.

Law enforcement task forces - required training

Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Required attendance at BJA-sponsored events

The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request.

Justification of consultant rate

Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

33. 34.

35. 36.

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SPECIAL CONDITIONS
Compliance with National Environmental Policy Act and related statutes

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

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. (The trust fund may or may not be an interest-bearing account.) The 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.

37. 38.

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SPECIAL CONDITIONS
Prohibition on use of award funds for match under BVP program

JAG funds may be used to purchase vests for an agency, but they 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

The recipient agrees to submit a signed certification that all 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

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/). In addition, ballistic-resistant and stab-resistant body armor purchased must be American-made. The latest NIJ standard information can be found here: https://nij.gov/topics/technology/body- armor/pages/safety-initiative.aspx.

Required monitoring of subawards

The recipient must monitor subawards under this JAG 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.

Reporting requirements

The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-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

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.

39. 40.

41. 42.

43. 44.

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SPECIAL CONDITIONS
Prohibited Expenditures List

Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure List may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf Controlled expenditures - prior written approval required

Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA.

The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions are set out at https://www.bja.gov/funding/JAGControlledPurchaseList.pdf Controlled expenditures - incident reporting

If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, the agency must collect and retain (for at least 3 years) certain information about the use of-- (1) any federally-acquired Controlled Equipment in the agency's inventory, and (2) any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory, regardless of source; and the agency must make that information available to BJA upon request. Details about what information must be collected and retained are set out at https://ojp.gov/docs/LE- Equipment-WG-Final-Report.pdf.

Sale of items on Controlled Expenditure List

Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R. 200.313, no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below:

a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List.

b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.

c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement-related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale.

The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds, and must abide by any applicable laws (including regulations) in such disposal.

Prohibited or controlled expenditures - Effect of failure to comply

Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any further approvals of controlled expenditures under this or other federal awards.

45. 46.

47. 48.

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SPECIAL CONDITIONS
Controlled expenditures - Standards

Consistent with recommendation 2.1 of Executive Order 13688, a law enforcement agency that acquires controlled equipment with award funds must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols.

Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016

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, 2016), 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.

Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. "Certification of Compliance with 8 U.S.C. 1373" required for valid award acceptance by a unit of local government

In order validly to accept this award, the applicant local government must submit the required "Certification of Compliance with 8 U.S.C. 1373" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the fully-executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a unit of local government that purports to accept the award is invalid.

If an initial award-acceptance submission by the recipient is invalid, once the unit of local government does submit the necessary certification regarding 8 U.S.C. 1373, it may submit a fully-executed award document executed by the unit of local government on or after the date of that certification.

For purposes of this condition, "local government" does not include any Indian tribes.

50. 51.

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SPECIAL CONDITIONS
Ongoing compliance with 8 U.S.C. 1373 is required

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 for the award, 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 as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award, any prohibition (or restriction) that violates this condition is an "information-communication restriction."

2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Similarly, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State or local government or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373, properly executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward, using the appropriate OJP form.

3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition.

4. 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 (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government or a "public" institution of higher education, incurs to implement this condition.

5. Rules of Construction

A. For purposes of this condition:

(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe.

(2) A "public" institution of higher education is one that is owned, controlled, or directly funded by a State or local government.

(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 for purposes of 8 U.S.C. 1373 (Illegal Immigration Reform and Immigrant Responsibility Act of 1996); and terms that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act) mean what they mean under that section 1101, except that the term "State" also shall include American Samoa (cf. 42 U.S.C. 901(a)(2)).

(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition … and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 are to be read as references to particular components of the Department of Homeland Security (DHS).

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.

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

Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373; unallowable costs; obligation to notify

1. If the recipient is a State or local government--

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 either a State or unit of 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 that is a either a State or unit of local government or a "public" institution of higher education) 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 all subrecipients (regardless of tier) are in compliance with 8 U.S.C. 1373.

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 that is either a State or a local government or a "public" institution of higher education, may be subject to any "information-communication restriction." In addition, any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an "information-communication restriction."

2. Any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of higher education 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 award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required."

4. Rules of Construction

A. For purposes of this condition "information-communication restriction" has the meaning set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required."

B. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.

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SPECIAL CONDITIONS
Required State-level rules or practices related to aliens; allowable costs

The following provisions apply to the recipient of this award, if the recipient is a State government, and also apply to any State-government subrecipient at any tier (whether or not the recipient is a State government).

1. Requirements

With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award--

A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State-contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States.

B. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that, when a State (or State-contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and -- as early as practicable (see para. 4.B. of this condition) -- provide the requested notice to DHS.

2. Monitoring

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 (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above.

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 "correctional facility" means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 42 U.S.C. 3791(a)(7)).

B. 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 would have been released in the absence of this condition.

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)). In the event that (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 permit 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.

55. OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 19 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

SPECIAL CONDITIONS
NOTE: Current DHS practice is to use one form (DHS Form I-247A (3/17)) for two distinct purposes -- to request advance notice of scheduled release, and to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition imposes NO requirements as to such DHS requests for detention.

C. Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.

Required local-government-level rules or practices related to aliens; allowable costs

The following provisions apply to the recipient of this award, if the recipient is a unit of local government, and also apply to any local-government subrecipient of this award at any tier (whether or not the recipient itself is a unit of local government).

1. Requirements

With respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award--

A. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local-government (or local-government-contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are (or are believed by such agents to be) aliens and to inquire as to such individuals' right to be or remain in the United States.

B. A local ordinance, -rule, -regulation, -policy, or -practice (or an applicable State statute, -rule, -regulation, - policy, or -practice) must be in place that is designed to ensure that, when a local-government (or local-government- contracted) correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and -- as early as practicable (see "Rules of Construction" incorporated by para. 4.B. of this condition) -- provide the requested notice to DHS.

2. Monitoring

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 (including for authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) of-- (1) developing and putting into place statutes, ordinances, rules, regulations, policies, and practices to satisfy this condition, (2) permitting access as described in para. 1.A. above, and (3) honoring any request from DHS that is encompassed by para. 1.B. above.

4. Rules of construction

A. The "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.

B. The "Rules of Construction" set out in the award condition entitled "Required State-level rules or practices related to aliens; allowable costs" are incorporated by reference as though set forth here in full.

56. OJP FORM 4000/2 (REV. 4-88)
20 AWARD CONTINUATION
SHEET
Grant
PAGE 20 OF
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 11/02/2018PROJECT NUMBER 2017-DJ-BX-0469

SPECIAL CONDITIONS
Use of funds for DNA testing; upload of DNA profiles

If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS.

No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA.

Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS.

Encouragement of submission of "success stories"

BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission 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.

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

If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [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.

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

On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified 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.

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

The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

57. 58.

59. 60.

61. OJP FORM 4000/2 (REV. 4-88)
20 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.

U.S. Department of Justice
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
2017-DJ-BX-0469

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 FY17(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 42 U.S.C. 3711 - 3797ff-5), including subpart 1 of part E (codified at 42 U.S.C. 3750 - 3758); see also 28 U.S.C. 530C(a).

Chris Hofford
Lieutenant
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226
(626) 214-1650
PAGE 11 OF
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities 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 purpose 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; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.

This Local JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing Elaine Vanlandingham
(202) 305-0034
OJP FORM 4000/2 (REV. 4-88)
FY 17 Local JAG Program
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, CA 91706-4226
TO:10/01/2016 09/30/2020FROM: TO:10/01/2016 09/30/2020FROM:
11/02/2018 $ 18,862
3b. POMS CODE (SEE INSTRUCTIONS

ON REVERSE)
3a. TITLE OF THE PROGRAM
BJA FY 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
public/officer safety. NCA/NCF
ITEM NO. ________5_________

STAFF REPORT

TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: July 6, 2022
SUBJECT: Authorization to Issue a Request for Proposal (RFP) for Website Redesign, Hosting and Maintenance Services

SUMMARY
The purpose of this staff report is for City Council to consider authorization to issue a RFP for a Website Redesign, hosting, and maintenance services.

RECOMMENDATION
Staff recommends that the Cit y Council approve and authorize the advertisement of the Request for Proposal (RFP) for the Website Redesign, Hosting and Maintenance Services.

FISCAL IMPACT
There is no fiscal impact to the General Fund at this time.

BACKGROUND
At their September 1, 2021, City Council Meeting, City Council approved Fiscal Year (FY) 2021- 2022 CIP budget, which included a line item under Cost Center 710 for the redesign of the City’s website and any associated costs with the upgrade. Staff was able research best practices around web design to create an RFP representative of all City department needs. Members of the E -Team and Department Liaisons participated and provided vital feedback to finalize the RFP. The City is soliciting proposals from qualified vendors for the development of a modern, and user -friendly website that will provide digital government services and community engagement as well as future maintenance support services. The new website hosting platform must be compatible with the City’s existing software and registration programs. The RFP calls the new website to offer an interactive experience for user navigation and offer multi language s for an ov erall experience. The RFP also requests for the creation of a mobile application. Additionally, the new website requires to incorporate the ability for users to make online credit card payments using city’s contracted vendor.

Event Date
RFP Released July 7, 2022
Deadline to Submit Questions July 21, 2022 by 5:00pm
Proposals Due August 4, 2022 by 5:00pm

Staff will review all proposals and present at a subsequent meeting to award contract.

LEGAL REVIEW
The City Attorney has reviewed the Request for Proposals (RFP) and approved it as to form.

ALTERNATIVES
The alternative is not to approve the RFP.

ATTACHMENTS

1. Request for Proposal (RFP)

1 City of Baldwin Park

Request for Proposals
Website Redesign, Web Hosting and
Maintenance Support Services

Schedule of Events
RFP Released July 7, 2022
Deadline to Submit Questions July 21, 2022 by 5:00pm
Proposals Due August 4, 2022 by 5:00pm

Note: This schedule is the anticipated schedule of events, and the dates are subject to change.

2 Section A: Overview

1. Background
The City of Baldwin Park is located in the heart of the San Gabriel Valley, its 6.7 square miles serves as home to just over 75,000 residents. The City employs over 250 Full & Part -time employees. Currently the software being used for the City’s website is JOOMLA CMS. The City is soliciting proposals from qualified vendors for the development of a modern, and user-friendly website that will provide digital government services and community engagement as well as future maintenance support services. The new website hosting platform must be compatible with the City’s existing software and registration programs , such as Tyler Incode10, Tyler EnerGov, Granicus, and Rec Trac/Vermont systems software.

2. Project Description
The City is seeking the aid of an experienced vendor who specializes in partnering with municipalities to enhance their online capabilities. Specifically, the City needs an updated website to enhance the user experience, simplify content management, and provide improved citizen- centric information and customer service to the community, while meeting high standards for design quality and visual appeal. At a minimum, the new website m ust be developed with a responsive design that will adjust to all devices. Further, the site must be easily maintained without requiring HTML knowledge. The new website will have the depth of functionality that will enable the City’s staff to streamline pr ocesses and provide the best user experience for our citizens, more specifically described in Section B.1. In addition, the vendor should have a team of experts who have in- depth experience working with local government and will equip our staff with the training, resources, and tools to do their jobs quickly and efficiently , both during implementation and after system launch . The City also seeks a vendor that has the capability of integrating additional features and functionality that may be identified i n the future. The City would like the vendor to provide secure, cloud-based hosting services and 24/7/356 support. The City seeks a partnership with the chosen vendor to create an online presence that continually engages our citizens. The City also seeks a partner with experience in connecting GIS Mapping capabilities to the website. Responses will only be considered from vendors who have extensive experience partnering with municipalities and are regularly engaged in the business of providing and performing similar services requested in this solicitation.

3. Questions and Requests for Clarification
All questions and reque sts for clarification shall be made in writing and sent via email to the following individual no later than the deadline to submit questions identified in the Schedule of Events. Contact: Manuel Carrillo Jr., Director of Recreation and Community Servi ces Email:
[email protected]

4. Addenda
The City will answer all questions and requests for clarification in the form of an addendum that will be published on the City’s website www.baldwinpark.com. It is the responsibility of the vendor to check for any issued addenda before submitting a response.

3 5. Submittal Requirements
Email Submittal
Submit one, electronic file ( .pdf file preferred) via email to: [email protected] Indicate in the subject line “RFP - Website Redesign – [Vendor Name]”. The City will only accept attachments up to 10MB.

Hardcopy submittal
Submit one (1) hardcopy of response in a sealed envelope and mailed to:

Contact Name: Manuel Carrillo Jr., Director of Recreation and Community Services City of Baldwin Park
4100 Baldwin Park Blvd.

Baldwin Park, CA 91706

Clearly mark the submittal envelope with the “RFP- Website Redesign” and vendor’s name.

Submittals not received on or before the specified deadline stated in the Schedule of Events will not be accepted (no exceptions). Proposals submitted in response to this RFP shall be valid for 180 days from the submittal due date. The City reserves the right to request follow-up information or clarification from vendors in consideration. Vendor is responsible to ensure delivery by the date and time included.

6. Evaluation Criteria & Contract Award
Responses to this RFP will help the City identify the most qualified vendor and will be indicative of the level of the vendor's commitment. The City will evaluate the qualifications, references, overall fit with the City , as well as take into consideration the proposed scope and pricing submitted to determine the most qualified website vendor. A selection committee will review all proposals received as a part of a documented evaluation process. The City will evaluate proposals according to the following criteria:
• Responses to the City’s functional requirements
• Price and quality of the proposed software solution, training, and implementation services plan; and price and quality of the proposed ongoing software maintenance/support services.
• Experience, demonstrated performance and financial viability of the proposers firm, including experience in public sector and similar organizations. • Compatibility with City’s technical architecture, and standards • Strategy and responses to technical requirements.
• Quality, clarity and responsiveness of the proposal in conformance with instructions.

The City has established a proposal review team to evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. Scoring criteria, review and calculations methodology to be created by the City and the City maintains full discretion regarding the evaluation process. The ultimate consultant selection will be based upon both technical and merit and cost competitiveness. The cost to the City for performing the work shall be important, but not an overriding consideration. Subsequent to selection of a successful proposer, the City will draw up an agreement reflecting the terms and conditions of the proposal plus the City ’s standard liability and insurance requirements. The City reserves t he right to conduct interviews with prospective consultants to clarify any issues or obtain additional information, as necessary.

4 Section B: Minimum Requirements

The information in this section represents required functional capabilities necessary to meet the City’s goals for a website redesign. The items listed are not all-inclusive, and other items may be recommended or added that would benefit the City. The City's new vendor must be able to provide, at a minimum, the components shown.

1. Website Redesign & Content Management System
Minimum functional requirements must include:

Engagement & Communication
• Alerts & Notifications - Display alerts prominently on website with notifications sent via email and text messaging to subscribers
• Calendar - Update/publish calendars for departments/categories with a main calendar to display all events
• E- Notifications - Electronic subscription, scheduled notifications for email and SMS • News & Announcements - Post news releases or updates dynamically to relevant pages based on category
• Request Tracking - Citizens can submit requests with automated workflow to correct individual/department with exportable statistics and reports • Sharing Capability - Links to share content via email and social media on every page • Website Visitor Profile - Visitors can pick and choose the information that automatically becomes fed to their profile upon site login
• Automated Accessibility Remediation capabilities equal to or greater than WCAG 2.1 • Home page template capable of YouTube Video Embeds

Document Management
• Agenda Management - Upload existing, create new, categorize, approve and manage agendas
• Archival of Recurring Documents - Store agendas, minutes, newsletters and other documents
• Document Storage - Upload/download capability for files up to 1GB, back -end ability to search within published and unpublished documents
• Online Forms - Create unlimited customizable forms, track and export results • Image Repository - Store images in a central location on website • Rotating Photos/Banners - Slideshow capabilities on homepage

Information & Navigation
• Frequently Asked Questions - Ability to categorize FAQs by department or page • Directories for Staff - Ability to allow citizens to search for information about staff members • Activities - Create classes, display class schedules, limit the number of persons that can sign up per class, and email those who have registered for specific classes • Facility Management - Listings with maps, filtered search, and reservation capability with our current RecTrac/Vermont systems software.
5 • Online Job Postings and Application - Applicants can also create an online profile, fill out application and attach additional documents utilizing current services with Governmentjobs.com
• RFP/RFQ/Bid Posting - Allow for easy posting of bids to the site for staff

Administrative Features
• Browser Based Administration - Update, delete and create content from any device with internet access
• Content Scheduling - Set dates for content to automatically publish and expire • Intranet - Restrict pages by login
• Permissions - Allow system administrat ors to establish levels of rights for staff to update/manage/access content based upon roles
• WYSIWYG Live Editing - Add, edit and move content directly on the front end of the site without the need to utilize or be trained in writing HTML or CSS code • Multilingual Support - Using Google Translate or similar • Online Payments - Ability to accept secure online transactions with current contracted vendor
• Printable Pages - Print-friendly function
• Responsive Web Design - Fully mobile responsive design - site adjusts to the screen size of all devices it’s being view on, includes forms, calendars, etc. • RSS Feeds - Registration by Department or Category
• Site Search - Internal site search engine and log of search terms • Site Statistics - Analytics and site audit reports
• Sitemap & Breadcrumbs - Automatically generated and updated sitemap and breadcrumbs
• Social Media Interface - Display feeds and push to social media accounts

2. Project Management & Implementation
The chosen vendor will supply a professional project team to oversee and provide the implementation services needed for a successful implementation of the City’s new website. The vendor’s project team shall be responsible for developing a comprehensive project management plan to include outlining methods of communication for implementation, supplying a detailed project timeline, and identifying tasks and deliverables for both City staff and vendor’s staff.

3. Training
The City expects the vendor to provide in-depth, professional training services which will educate City staff on functionality, features, processes, and best practices. After training sessions, City’s staff should be confidently prepared to maintain the new website after launch.

4. Continuing Services
The City anticipates an on-going partnership with the chosen vendor after launch of the system, which shall include:

Technical Support & Services
• Technical Support – The vendor shall provide U.S.-based, live technical support, including emergency support after business hours. Technical support shall be available through multiple communication channels, including phone, email, and chat. Self-service training 6 (video tutorials, documents, or webpages) shall be available for City staff to access at any time.
• Maintenance – The vendor shall continually work to enhance and update the systems .

This should include, at a minimum, development, testing, backups, and regularly scheduled fixes, patches, and other enhancements.

Hosting & Security
• 99.9% uptime (outside of scheduled maintenance) guaranteed by Service Level Agreement
• U.S. - based, tier II data center with 24/7/365 system monitoring • Automated software updates and security patches and high- performance SAN with N+2 reliability
• Minimum bandwidth of 22 Gb/s
• Disaster recovery process with a recovery time objective no greater than eight hours and recovery point objective no greater than 24 hours
• Geographically redundant backups
• DDoS mitigation with DDoS advanced security coverage options

Optional Services
• Integrated Chatbot
• Independent Application/ CRM App (replacement of current CRM app) • Optional integration capabilities for a Robust Parks and Recreation Platform • The ability for Departments to offer their own unique home pages including but not limited to: Logo and Branding, menus, and action buttons

Section C: Submittal Format &
Requirements

The City will evaluate vendor experience, qualifications , and capabilities for developing and implementing the technology requested in this RFP. The narrative portion and the materials presented in response to this Request for Proposals should be submitted in the same order as outlined and must contain, at a minimum:

1. Executive Summary
• Provide a short overview of how vendor will assist the City in achieving the goals outlined in this RFP

2. Company Profile
• Include an overview of vendor’s company, which encompasses a brief company history highlighting your experience working with local governments, the length of time the company has been in business, and the number of current employees • Name the vendor’s main point of contact for the RFP process, including their email address and telephone number
7 • Describe any differentiators that set vendor and vendor’s systems apart from your competitors
• One-source vendors are preferred. If utilizing subcontractors for any portion of the RFP requirements, provide subcontractor company information and key personnel involved

3. Experience
• Provide a minimum of three municipal references , and include the following information for each:
o Client name
o Website URL
o Client contact person and title
o Phone
o Email address
• Provide a portfolio of 4-6 examples of vendor’s website design experience

4. Project Team
• Identify and define vendor’s project team roles for implementation • Include a project team organization chart showing the relationship of each role

5. Features & Functionality
• Provide a brief description of how vendor’s solution meet s the minimum functional requirements as identified in Section B. 1.
• Identify any functional requirement vendor’s solution cannot provide as described in Section B. 1.
• Complete and include Exhibit A – Functional Requirements table

6. Implementation Plan
• Provide a typical phased implementation timeline including major tasks and deliverables • Include a description of the vendor’s implementation approach • Outline what role the City will play in the implementation of the new website

7. Ongoing Services
• Technical Service & Support
o Describe vendor’s technical support services, including hours of support, methods to access support, and the availability of emergency support o Identify any online, self -service training, and support resources available after launch
o Describe provided maintenance, including system releases, patches, and enhancements
• Hosting & Security
o Describe proposed hosting and security services that meets the requirements in Section B.4
o Describe security, backup, and disaster recovery processes

8. Investment Proposal
• All pricing must be provided as an all-inclusive/lump sum amount. Include the following:
8 o One-Time Implementation Services
 Include specific details and amounts of any content or data migration, training hours, and any included enhancements and functionality to meet the requirements
o Annual Services
 Include details on hosting and security, technical support, and maintenance o Fees
 Total first year cost (combined one-time fees and first year annual fees)  Annual fees beginning year 2
• Separately list any optional enhancements that vendor believes will benefit the City’s project.

9. Exceptions
• Identify any exceptions to the specifications of this RFP and attachments. Exceptions must reference the relevant section(s) and an alternate solution or substitute language in lieu of such requirement or specification.

Section D: General Provisions

1. Contract Negotiation & Insurance
The City reserves the right to enter into a contract with the selected vendor that the City deems to offer the best overall qualifications and experience. It is the intent of the City that after the successful vendor has been selected, the City and the selected vendor will enter into contract negotiations containing all terms and conditions of the proposed service. Any acceptance of a proposal is contingent upon the execution of a written contract and the City shall not be contractually bound to any bidder prior to the execution of such written contractual agreement.

Before signing a contract with the successful vendor, the City requires satisfactory proof that the vendor has adequate ongoing insurance coverage for the work to be performed under the contract.

2. Costs of Proposal
The City will not be liable for any costs incurred by the vendor in preparation of a proposal submitted in response to this RFP, in conducting of a presentation, or any other activities related to responding to this RFP.

3. No Obligation
This RFP does not obligate the City to award a contract for services specified herein.

In addition, the City reserves the right to cancel this RFP, to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the City.

4. Modification or Withdrawal of Proposal
Prior to the scheduled closing time for receiving proposals, any vendor may withdraw their proposal. Only written requests for the modification or correction of a previously submitted proposal received by the City prior to the RFP due date and time will be accepted. Oral, telephone, 9 or fax modifications or corrections will not be recognized or considered. After the scheduled closing date and time for receiving proposals, no proposal may be withdrawn.

5. Proposal Submission Certification
By submitting a proposal, vendor certifies that he or she has carefully examined all the documents, thoroughly reviewed this RFP, and understands the nature and scope of the work to be done and the terms and conditions thereof.

STAFF REPORT

ITEM NO. _______6_________

TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
By: Lourdes Morales, Chief Deputy City Clerk
DATE: July 6, 2022
SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361

SUMMARY
Governor Gavin Newson signed Executive Order N -15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16 th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified B rown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with th e teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended meas ures to promote social distancing, during a proclaimed state of emergency.

Staff will continue in-person meetings with a virtual hybrid component under this new order.

RECOMMENDATION
Staff recommends that the City Counc il adopt Resolution No. 202 2-036 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from July 6, 2022 through August 5, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions.

FISCAL IMPACT
Not Applicable

BACKGROUND
On June 11, 2021, Governor Newsom issued Executive Order N -08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As various variants have surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’ teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:

• The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

• The legislative body hol ds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:

• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is res tored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
• If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:

• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024.

ALTERNATIVES
Not Applicable

LEGAL REVIEW
This report has been reviewed by the City Attorney.

ATTACHMENTS

1. Resolution no. 2022-036

2. AB 361

RESOLUTION NO. 2022-036

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN

PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR

CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL
361

WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and

WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and

WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and

WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N -29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and

WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and

WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:

• Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call - in option or an internet-based service option;

• The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored;

• Prohibits the legislative body f rom requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;

• Prohibits the legislativ e body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and

WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and

WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1.

The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council.

SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets.

SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID -19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing.

SECTION 4. The City Council h ereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.

SECTION 5.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6.

This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 6th day of July, 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. 2022-036 was duly adopted by the City Council of the City of Baldwin Park at a regular me eting thereof held on July 6, 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