Brea City Council
May 7, 2024

City Council Agenda
Closed Session - 5:45 p.m.

Study Session - 6:30 p.m.

General Session - 7:00 p.m.

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Tuesday, May 7, 2024, 7:00 PM

COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Christine Marick, Mayor                                         Blair Stewart, Mayor Pro Tem Cecilia Hupp, Council Member     Marty Simonoff, Council Member     Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.

The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.

Written comments may be submitted in advance of the meeting by emailing [email protected]. Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
1: CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:45 P.M. 1A. Call to Order/Roll Call
1B. Public Comment
1C. Conference with City's Labor Negotiator Pursuant to Government Code 54957.6 Regarding the Brea Fire Association
1D. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation.

Initiation of Litigation: 1 potential case.
2: STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M. 2A. Call to Order/Roll Call
2B. Pubic Comment
2C. Clarify Regular Meeting Topics
2D. Council Member Reports/Requests
2E. Disposition, Development, and Loan Agreement, Ground Lease, and Funding Request for a Permanent Supportive Affordable Housing Project at 323 North Brea Boulevard 3: GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 3A. Call to Order/Roll Call
3B. Pledge of Allegiance: Boy Scout Troop 707
3C. Invocation: Pastor Dan Crane, Formation Church
3D. Presentation: Engage Brea Recognition
3E. Proclamation: National Police Week
3F. Report - Prior Study Session
3G. Community Announcements
3H. Matters from the Audience
3I. Response to Public Inquiries
4: PUBLIC HEARING
This portion of the meeting is for matters that legally require an opportunity for public input.  Audience participation is encouraged and is limited to 5 minutes per speaker.
4A. Zoning Ordinance Text Amendment No. 2023-03
— 1. Waive full reading and introduce Ordinance No. 1250 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. 2023-03 and Approving a CEQA Exemption Determination”;
— 2. Approve a California Environmental Quality Act (CEQA) Exemption Determination; and — 3. Schedule adoption of aforementioned Ordinance at the next regular City Council meeting. 5: CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."
5A. April 16, 2024 Regular City Council Meeting Minutes — 1. Approve.
5B. Annual Report Related to Police Department Use of Military Equipment as required by Government Code § 7072 — 1. Receive and file.
5C. Contribution to the City's Other Post Employment Benefits (OPEB) Trust Fund with Publlic Agency Retirement Services (PARS)
— 1. Approve an immediate transfer of $250,000 from the City's Other Post Employment Benefits (OPEB) Fund (150) to the Public Agency Retirement Services (PARS) Post-Retirement Health Care Trust Program and authorize an additional $175,000 transfer in June 2024. There is no fiscal impact to the General Fund. 5D. Authorize Purchasing Agent or Designee to Issue a Purchase Order with KI to Replace Facility Rental Chairs at the Brea Community Center
— 1. Authorize Purchasing Agent or Designee to issue a Purchase Order with KI to purchase 500 chairs with a not-to-exceed amount of $120,553 for Facility Reservations at the Brea Community Center. There is no fiscal impact to the General Fund.
5E. Amendment to the Position Allocation List - One Part-Time Community Services Coordinator Position for the Senior Nutrition Program
— 1. Approve Resolution No. 2024-029 amending the Position Allocation List to include a new part-time regular Community Services Coordinator position in the Community Services Department. Staff are evaluating opportunities to absorb this request in the current General Fund (110) Operating Budget and if additional appropriation is needed, further discussion will take place as part of the budget process. 5F. Award a Contract for Legislative Advocacy Services
— 1. Approve the Agreement with Townsend Public Affairs, Inc. to provide Legislative Advocacy Services for a not-to-exceed amount of $252,000 for a three-year term; and — 2. Authorize the City Manager to execute the agreement; and — 3. Return to City Council for authorization of any optional extensions. 5G. Acceptance of Berry Street Reservoir Ring Road Rehabilitation, CIP No. 7965 — 1. Accept project as complete and authorize City Clerk to file and record Notice of Completion; — 2. Authorize the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond and release the Payment Bond upon further notification from the Public Works Department; and — 3. Accept the Warranty Bond.
5H. Acceptance of South Brea Water & Sewer Improvements, CIP Nos. 7454, 7466, & 7626 — 1. Accept project as complete and authorize the City Clerk to file and record the Notice of Completion; — 2. Authorize the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond and release the Payment Bond upon further notification from the Public Works Department; and — 3. Accept the Warranty Bond.
5I. North Orange County Public Safety Collaborative "Operational Agreement" and "Agreement to Transfer Funds" — 1. It is recommended that the City Council approve the City of Brea's continued participation in the North Orange County Public Safety Collaborative and authorize the City Manager to execute all necessary documents and accept the accompanying funds.
5J. Pre-Employment Background Investigation Services
— 1. Approve the Agreement with Palicon Group (Palicon) to provide the Police Department with preemployment background investigation services in the amount not-to-exceed 75,000 per year; and — 2. Authorize the City Manager to issue up to four one-year extensions exclusive of any cost increases. There is sufficient funding in the Police Department's Budget for the costs related to this agreement. 5K. Disposition, Development, and Loan Agreement, Ground Lease, and Funding Request for a Permanent Supportive Affordable Housing Project at 323 North Brea Boulevard — 1. Review and provide initial comments on a Disposition, Development, and Loan Agreement with Jamboree Housing Corporation for the construction and operation of a Permanent Supportive Affordable Housing Project at 323 North Brea Boulevard;
— 2. Direct staff to bring the Disposition, Development, and Loan Agreement back to the May 21, 2024 City Council Meeting for formal approval at a Public Hearing to authorize the City Manager and City Clerk to execute Disposition, Development, and Loan Agreement, which includes: Executing a 55-year Ground Lease (or maximum allowed by law); Utilizing the CalOptima Health Grant award funds in the amount of $6,028,491.51 towards development of a Permanent Supportive Affordable Housing Project at 323 North Brea Boulevard; Utilizing the City of Brea’s Affordable Housing Trust funds in the amount of $2,000,000.00 towards development of a Permanent Supportive Affordable Housing Project at 323 North Brea Boulevard; Utilizing the City of Brea’s Housing Successor funds in the amount of $2,457,483.00 towards development of a Permanent Supportive Affordable Housing Project at 323 North Brea Boulevard; and Authorizing the City Manager and City Attorney to administratively revise the Disposition, Development, and Loan Agreement as needed. — 3. Amend the City’s Fiscal Year 2023-25 Operating Budget to appropriate $8,028,491.51 from the Affordable Housing Trust Fund (270) for the Disposition, Development, and Loan Agreement; — 4. Amend the City’s Fiscal Year 2023-25 Operating Budget to appropriate $2,457,483.00 from the Housing Successor Fund (280) for the Disposition, Development, and Loan Agreement; — 5. Authorize the City Manager to authorize a wire transfer/s of the specified funds to Jamboree Housing Corporation;
— 6. Authorize the City Manager or his designee to approve waiving Development Impact Fees in an amount up to $1,900,000.00;
— 7. Authorize the City Manager or his designee to approve waiving In-Kind Fees as applicable; — 8. Approve a California Environmental Quality Act (CEQA) Exemption Determination under CEQA Guidelines Sections 15061 (b)(3) and 15194; and
— 9. Adopt Resolution No. 2024-030 declaring the project site of 323 North Brea Boulevard exempt from the Surplus Land Act pursuant to California Government Code Section 54221(f)(1)(B) (Attachment B). 5L. Outgoing Payment Log and April 12, 19 and 26, 2024 City Disbursement Registers — 1. Receive and file.
6: ADMINISTRATIVE ANNOUNCEMENTS
6A. City Manager
6B. City Attorney
6C. Council Requests
7: COUNCIL ANNOUNCEMENTS
7A. Council Announcements
8: ADJOURNMENT
8A. Meeting Adjournment
Date Posted: May 2, 2024
City of Brea
City Council Regular Meeting Communication
Zoning Ordinance Text Amendment No. 2023-03
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
PUBLIC HEARING Item: 4A
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Waive full reading and introduce Ordinance No. 1250 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. 2023-03 and Approving a CEQA Exemption Determination” (Attachment A);

2. Approve a California Environmental Quality Act (CEQA) Exemption Determination (Attachment A); and

3. Schedule adoption of aforementioned Ordinance at the next regular City Council meeting.

BACKGROUND/DISCUSSION
As an effort to improve the readability and to modernize the City’s Zoning Code (Code) to better serve the public, staff has initiated a work program in 2023 to continually review and update the Code on a regular basis. Since then, the City Council approved the following Zoning Ordinance Text Amendments (ZOTA) as depicted below:

Approved ZOTAs
Ordinance
No.

Approval
Date Description
Ordinance No.
1241 08.15-2023
ZOTA No. 2023-01: Omnibus Code Update implementing the following: 1) consistency between land uses, definitions, and parking requirements; 2) tree preservation standards; 3) allowance for off-site advertising signs; 4) maximum height limitation for detached accessory structures in residential zoning districts; 5) consistency with State laws; and 6) clarify certain provisions and address existing grammatical errors, incorrect references and internal inconsistency.

Ordinance No.
1242 08.05.2023 ZOTA No. 2023-02: Implementation of the 6th Cycle Housing Element program.

Ordinance No.
1247 03.19.2024
ZOTA No. 2023-04: Omnibus Code Update II implementing the following: 1) internal consistency and updates to sign standards; 2) accessory dwelling unit (ADU) compliance with State law; 3) clarification for wireless communication facility standards and modifications; 4) updates to the fence, wall, and hedge height standards in residential zones and wireless communication facility fencing; and 5) clarification of certain Code provisions and correction of existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency.

To continue this ongoing work program, staff reviewed the existing Code and permitting practices in order to identify opportunities to streamline the current entitlement process to better serve the public, especially the existing and new businesses in the City. As such, the primary intent for this ZOTA is to establish a new Minor Conditional Use Permit (MCUP) process to streamline the review of low-impact uses and minor modifications of existing standards. In conjunction, the proposed amendments would provide related updates which include minor revisions to land uses and definitions, and establishment of review criteria for valet parking services and standards for processing Public Convenience of Necessity (PCN) requests. If approved, the proposed amendments would update 12 chapters of the Code.

Proposed Amendments
The proposed amendments can be categorized into four categories: MCUP, other land use-related updates, PCN, and other minor updates. The following provides an overview of the proposed amendments which are based on research of the City’s existing Code requirements, analysis of previously approved CUPs, and research of other jurisdictions’ best practices.

Amendment #1: Minor Conditional Use Permit
Establishment of MCUP Process
A Conditional Use Permit (CUP) is required for land uses that require special consideration due to their characteristics. The Planning Commission is the decision-making body that has the authority to approve or deny all CUP applications at a noticed public hearing based on the required findings. Due to the associated application processing times and costs, the CUP process can be discouraging to some applicants, especially individual homeowners or small business owners. Since land uses that require a CUP vary in complexity and result in a range of potential impacts, staff determined that establishing a discretionary process that streamlines the review of low-impact uses would provide benefit to the public. As such, staff is proposing the creation of the MCUP process for certain land uses that currently require a CUP but are routine in nature and typically result in little to no impact.

The below table summarizes the proposed process:

Proposed MCUP Process
Approval Authority Public Notice Public Hearing Findings Appeal Period Community
Development Director*
To property owners within 300
feet;
At least 10 days before decision
Not required Same as CUP 10 days after decision
*Note: Director would have discretion to refer any MCUP to Planning Commission As proposed, the MCUP would provide the public with an expedited process since a public hearing would not be required; however, it would still allow the City to conduct a proper review while keeping the public informed with the required public noticing.

Land Uses and Minor Modifications of Development Standards Subject to a MCUP The proposed amendments would include permitting certain land uses that the City currently allows with the approval of a CUP, with a MCUP. These land uses typically yield little to no concern and require incorporation of minimal and/or standard conditions.

The permitted land use table in Chapter 20.11 of the Zoning Code (Permitted Land Uses) is proposed to be modified to reflect the land uses eligible for a MCUP. These uses include, in selected zones, the on-sale of alcoholic beverages if accessory to a primary restaurant without a bar area that is open to the public, the manufacturing of alcoholic beverages, computer internet facilities, daycare centers, and studio instructional services.

In addition, staff identified minor modifications of certain development standards that could be considered through the new MCUP process. The Zoning Code allows insignificant deviation of certain development standards through approval of an Administrative Remedy but modifications that exceed the Administrative Remedy threshold require a Variance, which is similar to the CUP process. Since minor modifications of certain development standards typically do not have a negative impact on surrounding properties, allowing them through the new MCUP process would serve the public’s interest. As such, Chapter 20.408 would be updated to specify the types of minor modifications to be reviewed through the MCUP, which include, but not limited to, limited deviations in lot area and coverage, dimensions, required yards, distance between buildings, required parking spaces, and height of buildings and wall/fences.

Application fee
Staff recommends that the City collect a deposit and assess an hourly fee (as established by the City Council in 2018) to process a MCUP, in the same manner that it currently charges to process a CUP application. In order to establish an appropriate initial deposit amount for MCUP applications, staff reviewed processing costs of recent projects associated with the proposed MCUP land uses and development standard modifications, which ranged from $1,800.00 to $2,000.00. Since the proposed MCUP Attachments
ATTACHMENT A - Draft Ordinance for ZOTA No. 2023-03.pdf ATTACHMENT B - March 26, 2024 PC Staff report.pdf
ATTACHMENT C - Summary of Amendments Table .pdf
process does not require a public hearing, which typically involves a substantial amount of staff time and noticing publication costs, the cost of processing the proposed MCUP is expected to be less than a typical CUP processing cost. As such, staff recommends the application deposit for the MCUP to be $1,000.00, which equates to half of the initial deposit required for a CUP ($2000.00).

Amendment #2: Other Land Use Related Revisions
The proposed amendments include MCUP related additional Code updates to certain land uses as follows:
“Animal, Grooming and Daycare”: Given that animal daycares and grooming establishments are two distinct serviceoriented land uses that have different operation characteristics, the permitted land use table in Chapter 20.11 includes an update to establish “Animal, Grooming” as a permitted by-right land uses in selected zones and “Animal, Daycares” as a land use permitted with a MCUP.

Valet Parking: As the existing Code does not adequately address valet parking, which is an ancillary service that helps control the flow of parking while providing an additional amenity to guests and patrons, the proposed amendment requires an approval of a MCUP to establish a valet parking service, and would establish the review criteria to ensure the service is not detrimental to the surrounding area.
“Market, Large”: Based on past experiences, staff identified that requiring a CUP for off-sale of alcoholic beverages at larger supermarkets/grocery stores, such as major grocery stores (i.e. Ralph’s, Trader Joe’s) and large retail stores with food sales (i.e. Target, Walmart) is not necessary, as the operational nature of such establishments coupled with the State Department of Alcoholic Beverages Control (ABC) requirements typically result in little to no negative health and safety concerns. As such, the proposed amendment would add the “Market, Large” definition to Chapter 20.00, intended for supermarkets/grocery stores over 10,000 square feet in size, and would add the land use to the permitted land use table located in Chapter 20.11 to allow such uses to sell alcoholic beverages for off-site consumption as an accessory use without a CUP or a MCUP in certain zones.

Amendment #3: Public Convenience or Necessity Requests
According to California State law, ABC requires a PCN determination from local jurisdiction if a new or transfer alcohol license is requested in a police-reporting district with a crime rate above the City average or in a census tract with overconcentration in the number of ABC licenses. Since the existing Code is silent on how PCN requests are processed, there is a need to establish the process for reviewing these types of requests to be consistent with applicable laws. As part of this Code update, the amendment would add a new subsection to Chapter 20.408 that establishes the Planning Commission as the hearing body for PCN requests.

For selected land uses that are either permitted by right or permissible through a MCUP, the Community Development Director is established as the review authority.

Amendment #4: Other Minor Updates
To ensure consistency with the proposed amendment as described above, additional sections of the code require an update. The Zoning Code amendment would add the new definitions to Chapter 20.00 and add parking requirements for the new uses to Chapter 20.08. In addition, the Administratively Remedy section in Chapter 20.408 would be amended to update one of the existing allowable modifications of development standards to align with a modification that would be permitted through approval of a MCUP, and the CUP section would be updated to remove repetitive information.

More detailed analysis of the proposed amendments is provided in the March 26, 2024 Planning Commission staff report (Attachment B). In addition, the redlines associated with above listed amendments, which show deletions in strikethrough and additions in underlines (Redline), can be found in Exhibit A of the Planning Commission Resolution No. 2024-03 (https://weblink.cityofbrea.net/WebLink/DocView.aspx?id=174259&dbid=0&repo=BREA-DOCS). The clean version of the proposed amendments, which includes updates to the Redline version of the proposed amendment that were determined by the City Attorney to be not substantial, can be found in the draft Ordinance (Attachment A). A table summarizing the proposed amendments as described in this Section of the report, which also provides specific section numbers of both the Redline and the draft Ordinance that applies to each ATTACHMENT D - Public Hearing Notice.pdf
ATTACHMENT E - March 26, 2024 Draft PC Minutes.pdf

ATTACHMENT A
1 2942513.2
ORDINANCE NO. 1250

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

AMENDING THE BREA CITY CODE BY ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. ZOTA 2023-03 AND APPROVING

A CEQA EXEMPTION DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:
(i) Pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances for the public peace, health, safety, and welfare of the City and its residents.
(ii) Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.) and the State of California Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) (14 C.C.R. § 15000 et seq.), the City is the “lead agency” for the preparation and consideration of environmental documents for this Ordinance. (iii) On March 26, 2024, the Planning Commission conducted a duly noticed public hearing concerning Zoning Ordinance Text Amendment (“ZOTA”) No. 2023-03 and adopted its Resolution No. 2024-03 recommending approval by the City Council. (iv) On May 7, 2024, the City Council conducted a duly noticed public hearing concerning ZOTA No. 2023-03, as set forth in this Ordinance. It is the intent of the City Council in adopting this Ordinance to update various Zoning Code provisions to establish a Minor Conditional Use Permit (“CUP”) process and provide related updates which include minor revisions to land uses and definitions, establish review criteria for valet 2 2942513.2
parking services, and establish standards for processing Public Convenience or Necessity (“PCN”) requests.
(v) Adoption of this Ordinance is consistent with the General Plan as it implements the General Plan by establishing a new permit process that streamlines the review of low-impact uses which helps provide a balance of land uses that meet the needs of residents. Furthermore, the proposed amendment is consistent with General Plan Goals CD-1.3, C-D 1.6, and CD-1.11 because it encourages economic growth by alleviating the cost and time associated with discretionary review applications, making the City an appealing environment for business, in particular small business owners, and it introduces new land uses which foster the opportunity for a variety of business to locate within the City.
(vi) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and welfare of the community and is a valid exercise of the local police power and in accord with State law. (vii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

SECTION 2. Subdivision (1) (“A” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by deleting the “Animals, 3 2942513.2
Grooming and Daycares” entry and by adding in alphabetical order new entries for “Animals, Daycares” and “Animals, Grooming” to read as follows:

ANIMALS, DAYCARES. A commercial establishment that provides non-medical temporary boarding of household pets without overnight accommodations (i.e. pet daycares). Such establishments may include accessory instructional training, recreation, grooming and retail services. Overnight stays may be permitted based on emergency circumstances only, not to exceed 48 hours.

ANIMALS, GROOMING. A commercial establishment that provides grooming services for household pets. This classification includes cleaning, styling, clipping, and appearance maintenance of pets but not for the preparation of medical procedures.

SECTION 3. Subdivision (3) (“C” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding in alphabetical order a new “Conditional Use Permit, Minor” entry to read as follows:

CONDITIONAL USE PERMIT, MINOR. A permit issued by the applicable review authority allowing a minor modification of standards or use carried out in a particular zoning district that is not a use permitted by right. See §20.408.030 (Conditional Use Permits).

SECTION 4. Subdivision (13) (“M” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding in alphabetical order a new “Markets, Large” entry to read as follows:

MARKETS, LARGE. This use consists of retail establishments that satisfy all of the following criteria: (1) are commonly known as supermarkets and grocery stores; (2) sell general food items such as fresh produce, perishable goods, meats, seafood, packaged food products and beverages, and general household goods, 4 2942513.2
primarily for off-site preparation and consumption; and (3) are larger than ten thousand (10,000) square feet in size. This use class also includes large drug stores that combine services such as a pharmacy along with the retail sale of a variety of items such as packaged food, drinks, refrigerated food and beverages and other similar retail goods. This use class may include accessory banking, bakery, sales of prepared food and beverages for on-site consumption, and pharmacies.

SECTION 5. Subdivision (22) (“V” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding in alphabetical order a new “Valet Parking” entry to read as follows:

VALET PARKING. A parking service provided to accommodate users of an establishment in which an attendant on behalf of the establishment takes temporary custody of the vehicles of the guests or patrons visiting the establishment and moves, parks, stores and/or retrieves such vehicles.

SECTION 6. The Non-Residential category of Table 20.08.040.D of Section

20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding in alphabetical order new entries for “Animal, Daycares”, “Animal, Grooming”, and “Markets, Large” to read as follows:

NON-RESIDENTIAL
Animals, Daycares 1 space per employee plus 1 space per 10 animals Animals, Grooming 1 space per 250 square feet
Markets, Large 1 space per 200 square feet
SECTION 7. Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of 5 2942513.2
Part II (Development Code) of the Brea City Code is amended by amending Subsections F and G, and by adding a new Subsection H, to read as follows:

F. Valet Parking Operations. Any person wishing to operate valet parking services shall obtain approval of a Minor Conditional Use Permit in accordance with the provisions of § 20.408.030 of this title.

1. All requests for valet parking must be accompanied by a Valet Parking Management Plan that demonstrates that the service will not result in insufficient or inadequate parking for the site by providing, at minimum, the following information:
a. The business name, address, and location of service; b. The valet parking area and proposed number of parking spaces; c. The number of employees and hours of operation;
d. The proposed routes of vehicle and pedestrian travel, pick-up and unloading areas;
e. The location of proposed signs and associated equipment; and f. Parking analysis for all businesses located on the property, if located within a larger shopping center.

G. Exceptions or modifications to off-street parking requirements. An exception to or modification of the off-street parking requirements of this section may be granted to avoid circumstances where they might be excessive due to the use involved or other relevant circumstances, but only if such exemption or modification is consistent with the intent and purpose of this section.

1. Exceptions or modifications for multi-family developments require approval of a minor modification in accordance with the provisions of § 20.408.020 of this title.

Pursuant to § 20.408.020.B.2., such requests shall be subject to the review and approval of the Director.
a. Notice of decision shall be sent by first class mail or delivered by a city employee to property owners within five-hundred (500) feet of the subject property.

Pursuant to Chapter 20.424, all decisions of the Director made under this provision of this title are appealable to the Planning Commission.

2. Exceptions or modifications for all projects that are not multi-family developments require approval of a conditional use permit in accordance with the provisions of § 20.408.030 of this title.

3. All requests for an exception or modification must be accompanied by a Parking Demand Study prepared by a licensed professional that demonstrates 6 2942513.2
approval of the exception or modification will not result in insufficient or inadequate parking and meets the following requirements:
a. The Parking Demand Study must at a minimum include: (1) the otherwise applicable parking requirements under § 20.08.040 of this title; (2) any otherwise applicable parking requirements under any entitlement, zoning requirement, or other approval previously approved by the City; (3) a comparative analysis of parking on the site with and without the requested exception or modification; and (4) a Parking Management Plan and/or Transportation Demand Management program, if deemed necessary by the Director.
b. A Parking Demand Study for a multi-family development may utilize the Urban Land Institute's Shared Parking methodology or any other reasonably similar methodology shown to be applicable if the project: (1) is either part of a mixed-use development or located in a mixed-use setting conducive to shared parking; and (2) incorporates both features that promote active transportation (e.g., walking and cycling) and convenient access to public transit.

H. Parking requirements not specified. In the event this section does not specify any parking space requirement for any specific use otherwise allowed under this title, the Director shall determine the parking requirements for such use.

SECTION 8. Subsection A of Section 20.11.020 (Land Uses) of Chapter 20.11 (Permitted Land Uses) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by amending Subdivision 3, and by adding a new Subdivision 4, to read as follows:

3. “M” designates classes of uses permitted with a minor conditional use permit.

4. “-” designates classes of uses that are prohibited.

SECTION 9. Table 20.11.020.A (Permitted Land Uses Table) of Section

20.11.020 (Land Uses) of Chapter 20.11 (Permitted Land Uses) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by amending the entries for “Alcoholic Beverage Sale, Off-sale”, 7 2942513.2
“Alcoholic Beverage Sale, On-sale”, “Alcoholic Beverages Manufacturing”, “Computer Internet Facilities”, “Day Care Centers”, and “Studios, Instruction/Service”, and by adding in alphabetical order new entries for “Animals, Daycares”, “Animals, Grooming”, and “Markets, Large”, to read as follows:
8 2942513.2
TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted
M: Permitted with Minor Conditional Use
Permit
C: Permitted with Conditional Use Permit
--: Prohibited
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section 20.206.040. 2 In MU-I, MU-2, and MU-3 Zoning districts, nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.

Also, refer to Section 20.258.030.A regarding integration of uses requirement.

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions

NON-RESIDENTIAL
USES
Alcoholic Beverage
Sale, Off-sale -- -- -- -- -- -- P/C P/C P/C P/C P/C C C -- -- P/C P/C C -- -- -- (1) Conditional Use Permit not required if the
use is in conjunction with Markets, Large.

Alcoholic Beverage
Sale, On-sale -- -- -- -- -- -- C M/C M/C M/C M/C C C -- -- M/C M/C M/C -- -- -- (1) Permitted with a Minor Conditional Use
Permit if accessory to a primary restaurant
use, as long as such restaurant does not have
a bar area that is open to the patrons of the
restaurant.

Alcoholic Beverages
Manufacturing -- -- -- -- -- -- -- -- -- -- M -- M M M -- -- -- -- -- -- Animals, Daycares -- -- -- -- -- -- -- M M M M -- M M -- M M M -- -- -- Animals, Grooming -- -- -- -- -- -- -- P P P P -- P P -- P P P Computer Internet
Facilities -- -- -- -- -- -- -- -- M M -- -- -- -- -- M M M -- -- -- Day Care Centers -- -- -- -- -- -- -- P P P -- -- -- -- -- M M M -- -- -- Markets, Large -- -- -- -- -- -- P P P P P -- -- -- -- P P -- -- -- -- Studios,
Instruction/Service -- -- -- -- -- -- P P P P M -- -- M -- P P P -- -- -- 9 2942513.2
SECTION 10. Section 20.24.110 (Uses Under Variance or Conditional Use Permit) of Chapter 20.24 (Nonconforming Structures and Uses) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.24.110 USES UNDER VARIANCE, MINOR CONDITIONAL USE PERMIT, OR CONDITIONAL USE PERMIT.

Uses and buildings which are existing under a variance, minor conditional use permit, or a conditional use permit granted under this title or any previous ordinance shall not be considered as nonconforming and shall be permitted to continue under the conditions and regulations imposed in such permit or variance and may be expanded or enlarged upon first obtaining a conditional use permit or a minor conditional use permit, as applicable, under the provisions of § 20.408.030 of this title.

SECTION 11. Subdivision 1 of Subsection C (Building Height) of Section

20.224.040 (Property Development Standards) of Chapter 20.224 (C-P Commercial, Administrative, And Professional Office Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Buildings and structures erected in the C-P Zone shall have a height no greater than thirty (30) feet.

SECTION 12. Subdivision 1 of Subsection C (Building Height) of Section

20.232.030 (Property Development Standards) of Chapter 20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Buildings and structures erected in the C-C Zone shall have a height no greater than seventy-five (75) feet.
10 2942513.2
SECTION 13. Subdivision 1 of Subsection C (Building Height) of Section

20.236.040 (Property Development Standards) of Chapter 20.236 (C-G General Commercial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Buildings and structures erected in the C-G Zone shall have a height no greater than thirty-five (35) feet.

SECTION 14. Section 20.240.040 (Uses Permitted Subject to Conditional Use Permit) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.240.040 USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT.

Uses permitted subject to a minor conditional use permit or a conditional use permit in C-M Zone are contained in Chapter 20.11 of this title.

SECTION 15. Subdivision 1 of Subsection B (Building Height) of Section

20.240.060 (Property Development Standards) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Buildings and structures erected in the C-M (Commercial/Industrial) Zone shall have a height no greater than thirty-five (35) feet.

SECTION 16. Subdivision 1 of Subsection C (Building Height) of Section

20.244.040 (Property Development Standards) of Chapter 20.244 (C-RC Commercial Recreation Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Buildings and structures erected in the C-RC Zone shall have a height no greater than thirty-five (35) feet.
11 2942513.2
SECTION 17. Subdivision 1 of Subsection C (Building Height) of Section

20.248.040 (Property Development Standards) of Chapter 20.248 (M-P Planned Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Buildings and structures erected in the M-P Zone shall have a height no greater than sixty (60) feet.

SECTION 18. Subdivision 1 of Subsection C (Building Height) of Section

20.252.040 (Property Development Standards) of Chapter 20.252 (M-1 Light Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Buildings and structures erected in the M-1 Zone shall have a height no greater than sixty (60) feet.

SECTION 19. Subsection B (Authority of the development services director) of Section 20.408.020 (Administrative Remedy) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Authority of the community development director.

1. Minor modification. In the public interest, the Director, without a public hearing, may consider and approve, conditionally approve, or deny modifications from the provisions of this title, limited to the following circumstances:
a. Where dimensional problems of an existing parcel require reduction of lot area or dimensions by not more than five percent (5%) of that required by the zone provided that such reductions are requested on not more than one (1) lot within any one (1) subdivision or tract.
b. Where dimensional problems of an existing parcel require reduction of yards and/or distance between buildings by not more than ten percent (10%) of 12 2942513.2
the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract. c. Reduction of number of required parking spaces by not more than ten percent (10%) and/or modification of parking (dimension) standards by not more than five percent (5%).
d. Modification of wall and fence heights, not to exceed twelve (12) inches. e. Modification of projections/encroachment into required yard areas by not more than five percent (5%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
f. Modification of maximum permitted lot coverage not to exceed ten percent (10%) of the maximum lot area coverage permitted in the zone. g. Modification of maximum height regulation by not more than ten percent (10%) of the requirements of the zone.
h. Modification of the size, height, and area of signs by not more than five percent (5%).

2. Such additional matters as may be delegated to the Director by the Council, provided that the limits and scope of the Director’s authority shall be set forth by the Council.

SECTION 20. Section 20.408.030 (Conditional Use Permit) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.408.030 CONDITIONAL USE PERMIT.

A. Intent and purpose. The minor conditional use permit and conditional use permit are intended for minor modification of standards and those land uses which require special consideration in a particular zone or in the city as a whole due to their characteristics, size of the area required for full development of such uses, potential effects of such uses on adjoining land uses and on the growth and development of the area. Uses existing on the effective date of this title which are listed as permitted subject to minor conditional use permit or conditional use permit may continue without securing such a permit; however, any extension or expansion of such use shall comply with provisions of this section.

B. Uses permitted subject to conditional use permits.
13 2942513.2

1. Uses listed in each zone requiring a minor conditional use permit or conditional use permit may be permitted in such zone subject to the provisions of this section.

2. Modification of standards.
a. The following circumstances may be permitted with an approval of a minor conditional use permit.
(1) Where dimensional problems of an existing parcel require a reduction of lot area or dimensions by more than five percent (5%) but not more than ten percent (10%) of that required by the zone provided that such reduction is requested on not more than one (1) lot within any one (1) subdivision or tract. (2) Where dimensional problems of an existing parcel require a reduction of yards and/or distance between buildings by more than ten percent (10%) but not more than twenty percent (20%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
(3) Reduction of number of required parking spaces by more than ten percent (10%) but not more than twenty percent (20%).
(4) Modification of wall and fence heights to increase more than twelve (12) inches but not to exceed twenty-four (24) inches.
(5) Modification of projections/encroachment into required yard areas by more than five percent (5%) but not to exceed ten percent (10%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
(6) Modification of maximum permitted lot coverage to increase by ten percent (10%) but not to exceed twenty percent (20%) of the maximum lot area coverage permitted in the zone.
(7) Modification of maximum height regulation by more than five percent (5%) but not to exceed ten percent (10%).
b. The following circumstance may be permitted with an approval of a conditional use permit.
(1) Increase in building heights above the maximum permitted building height in C-P, C-C, C-G, C-M, C-RC, M-P, M-1 and M-2 zones.

3. Other special or unusual uses for which no provision is made in this title or which provide for an unusual combination of uses not otherwise provided for nor otherwise prohibited in this title may be permitted with an approval of a conditional use permit.

C. Procedure.

1. Application. Application for a minor conditional use permit and a conditional use permit shall be made pursuant to § 20.400.040. The application shall include 14 2942513.2
a site plan and elevations of the proposed development at minimum. Appropriate fees shall be paid as determined by City Council resolution.

2. Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this title and the General Plan, and shall report the findings to the approval authority.

3. Approval Authority
a. Conditional use permit. The Commission, at a public hearing, has the authority to approve, conditionally approve, or disapprove a conditional use permit application.
b. Minor conditional use permit. The Director, without a public hearing, has the authority to approve, conditionally approve, or disapprove a minor conditional use permit application. The Director may refer any minor conditional use permit to the Planning Commission for review at his/her discretion. c. The decision of the approval authority shall be final and become effective ten (10) days after the decision, subject to appeal pursuant to Chapter 20.424.

4. Public Notice.
a. Conditional use permit. Notice of public hearing for conditional use permit shall be made pursuant to Chapter 20.416.
b. Minor conditional use permit. A public notice shall be made to owners of property located within 300 feet of the subject property, and such notice shall be made by first class mail. Such notice shall be given at least 10 calendar days before the Director’s decision. In addition, a notice of decision shall be made to individuals who have requested to be notified of the Director’s decision in a method requested by such individuals. Such notice shall be made within two (2) calendar days of the Director’s decision.

D. Findings. The Director or the Commission, in approving a minor conditional use permit or a conditional use permit, shall find as follows:

1. That the use(s) or modification of standards applied for at the location set forth in the application is properly one(s) for which a minor conditional use permit or a conditional use permit is authorized by this title.

2. That such use(s) or modification of standards, with any conditions to be imposed, is necessary or desirable for the development of the community, in harmony with the various elements or objectives of the General Plan, and not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use(s) is to be located.

3. That the site is adequate in size and shape to accommodate the proposed development and all of the yards, setbacks, walls or fences, landscaping, and other features required to bring about conformity with other elements in the neighborhood.
15 2942513.2

4. That the proposed site relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed development.

5. That with the conditions stated in the permit, the uses will not adversely affect the public health, safety, or general welfare
E. Time limit.

1. Each permit hereafter granted shall automatically expire and be of no further force or effect if not exercised within two (2) years of its effective date, unless the permit specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such permit for successive periods not to exceed six (6) months each, upon showing of good cause therefor, if written application for such extension is filed prior to the expiration thereof.

2. “Exercise” of a permit shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. In case of any dispute thereon, applicant or its successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) days advance written notice by first class mail directed to the address of the requesting party given in such written request for hearing. The decision of the Planning Commission may be appealed to the Council pursuant to Chapter 20.424.

3. Each permit issued hereunder shall have appended thereto a copy of this paragraph F. and Chapter 20.412, and shall contain substantially the following provision: “Any permit is subject to expiration and revocation as provided in Chapter 20.412, and such provisions are specifically made a part hereof without negating the applicability of any other provision of this title or of any other ordinance.”

4. Upon expiration of the period of time set forth in paragraph E.2. above, if, in the opinion of the Secretary to the Commission, any permit has been revoked or has expired, written notice thereof may be directed to the holder of the permit according to city records at its last address of record. The same shall be sent by first class mail, postage prepaid. Unless a hearing is requested by any interested person as provided for in paragraph E.2. above, with such request being received by the city within thirty (30) days of date of mailing of such letter, nonexercise of such permit shall be conclusively presumed. Any notices to be given under this paragraph E. shall be deemed given upon deposit in the United States mail, whether actually received or not.

F. Revisions to site plan approved as part of conditional use permit.

1. Minor revision to a site plan approved as part of a conditional use permit may be made after review and approval by the Director pursuant to the Plan Review Procedure, § 20.408.040. Minor revisions are hereby defined as revisions which in no way change the requirements set forth by the Commission or Council 16 2942513.2
or violate the intent of any of the standards or conditions of the permit or of the zone.

2. Revisions other than minor revisions, as defined above, shall be made pursuant to the conditional use permit procedure set forth in this section.

3. All copies of the approved revised site plan shall be dated and signed by the Director and made a part of the record of the subject conditional use permit.

One (1) copy of such approved revised site plan shall be mailed to the applicant.

G. An amendment to an existing conditional use permit shall be subject to a minor conditional use permit if the uses that were approved under a conditional use permit are allowed with a minor conditional use permit on the effective date of this Chapter.

H. Reapplication. No person shall reapply for a similar conditional use permit on the same land, building, or structure within a period of one (1) year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

SECTION 21. Subsection C of (Contents of plans required) Section 20.408.040 (Plan Review Procedures) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. Contents of plans required. All plans required to be submitted to the Community Development Director shall indicate clearly, and with full dimensions, the information required by the application. The applicant shall provide any additional information as required by the Director to establish that the project satisfies all applicable development standards of this title.

SECTION 22. Section 20.408.040 (Plan Review Procedures) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new subsection D to read as follows:

D. Art in public places program requirements.

1. Except as otherwise provided in this title, all development projects are subject to the requirements contained in the most recently adopted or amended version of the Art in Public Places Manual.
17 2942513.2

2. All developers of commercial projects, industrial projects, including attached and detached additions to existing commercial and industrial buildings, and residential projects of five (5) dwelling units or more with a total building valuation are required to select, purchase and install permanent outdoor sculpture accessible by the general public. The required minimum art allocation shall be as established in the Art in Public Places Manual. For any custom home development, the art requirement will be based on an estimate of the homes' market value, based on lot size and existing market. If development of a project is to proceed in phases, the phasing plan shall include information reflecting compliance with the Art in Public Places requirements and shall be subject to review and approval, all as specified in the Art in Public Places Manual. Additional requirements of the city's Art in Public Places Program are set forth in the Art in Public Places Manual.

3. All property owners are responsible for maintaining the art work in clean, undamaged condition for the lifetime of the art work. The obligation to maintain the art work shall be evidenced by written instrument recorded with the County Recorder setting forth such obligation. A copy of the instrument shall be submitted to the city immediately following recordation.

SECTION 23. Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Section 20.408.060 (Determination of Public Convenience or Necessity) to read as follows:

20.408.060 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY.

A. Determinations of public convenience or necessity relating to the sale of alcoholic beverages (including beer and wine) required by California Business and Professions Code Section 23958.4 or a successor statute shall be made by the Planning Commission on behalf of the City except as provided in Subsection B.

B. The Director shall have the authority to make determinations of public convenience or necessity on behalf of the City for uses classified as follows:

1. “Alcoholic Beverages Manufacturing,” if allowed with a minor conditional use permit pursuant to Chapter 20.11 of this Title;

2. “Alcoholic Beverages Sale, Off-sale,” if allowed with or without a minor conditional use permit or conditional use permit pursuant to Chapter 20.11 of this Title; and

3. “Alcoholic Beverages Sale, On-Sale,” if allowed with a minor conditional use permit pursuant to Chapter 20.11 of this Title.
18 2942513.2
SECTION 24. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it enacts zoning code amendment that will not have a significant effect on the environment. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 25. SEVERABILITY.

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

SECTION 26. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.

SECTION 27. CERTIFICATION.

The City Clerk shall certify to the passage of this Ordinance.

PASSED, APPROVED, AND ADOPTED, this 21
st day of May, 2024.
_________________________________
Christine Marick
Mayor
19 2942513.2
ATTEST:
_________________________________
Lillian Harris-Neal
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea, held on the 7
th day of May, 2024, and was finally passed at a regular meeting of the City Council of the City of Brea on the 21st day of May, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________
_____________________________
City Clerk
City of Brea
Planning Commission Communication
Zoning Code Text Amendment No. 2023-03:

Zoning Code update amending various chapters of Title 20 of the Brea City Code to introduce Minor Conditional Use permit process.

Meeting
Tuesday, March 26, 2024, 6:00 PM
Agenda Group
PUBLIC HEARINGS Item: 6A
TO
Chair and Members of the Planning Commission
FROM
Joanne Hwang, City Planner

EXECUTIVE SUMMARY
The City has initiated a Zoning Code Text Amendment ( ZOTA) No. 2023-03 amending various chapters of the Zoning Code Code). The proposed amendment intends to provide regulatory relief and allow streamlined review of certain low-impact uses and minor modifications of existing standards by establishing a new Minor Conditional Use Permit (Minor CUP) process.

In addition, the proposed amendments would provide other related updates, which include minor revisions to the land uses and definitions, establishment of review criteria for valet parking services, and establishment of standards for processing Public Convenience or Necessity (PCN) requests.

The above-mentioned entitlement herein is referred to as the “Project.”

RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution (Attachment A) recommending the City Council take the following actions:

1. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and

2. Adopt an ordinance approving ZOTA No. 2023-03, amending Title 20, Chapters 20.00, 20.08, 20.11, 20.24, 20.224,

20.232, 20.236, 20.240, 20.244, 20.248, 20.252 and 20.4082 of the BCC, as outlined in Exhibit A of the Attachment A.

BACKGROUND
Zoning codes require periodic updates to ensure consistency between the City policies and State law, to improve clarity, and to better serve the public. As an effort to improve the readability and to modernize the Code, staff has implemented a work program in 2023 to continually update the Code on a regular basis. As part of this ongoing work program, staff reviewed the existing Code and permitting practices in order to identify opportunities to streamline the current entitlement process to better serve the public, especially the existing and new businesses in the City.

As such, the primary intent for this ZOTA is to establish a new Minor CUP process to streamline the review of low-impact uses and minor modification of existing standards. The proposed amendments also include other related updates, which include minor revisions to the land uses and definitions, establishment of review criteria for valet parking services and standards for processing PCN requests, and other minor updates. If approved, the proposed amendments would update 12 chapters of the Code.

DISCUSSION
The proposed amendments can be categorized into four categories: Minor CUP, other land use-related updates, PCN, and other minor updates. The following provides an overview of the proposed amendments, which are based on research of the City’s existing Code requirements, analysis of previously approved CUPs, and research of other jurisdictions’ best practices.

The actual redlines associated with these amendments, which show deletion in strikethrough and additions in underlines Redlines), is Attachment B and a table summarizing the proposed amendments described in this Section of the report is Attachment C.

Minor Conditional Use Permit
Establishment of Minor CUP Process
The proposed amendment includes establishment of a new use permit classification called a Minor CUP to streamline the review of certain land uses that currently require a CUP, but are routine in nature and less complex. Currently, a Conditional Use Permit (CUP) is required for land uses that require special consideration due to certain characteristics that may cause potential impacts. The Planning Commission has the authority to approve or deny a CUP at a noticed public hearing, based on the required findings. The CUP process can be discouraging to some applicants, especially individual homeowners or business owners, due to associated application processing times and costs. Land uses requiring a CUP vary in complexity, which results in a range of different potential impacts. Upon examining the Code and the history of previously approved CUPs, staff identified certain land uses that are well suited to be reviewed through a more streamlined discretionary process since these land uses are low-impact uses that typically result in little to no impact with incorporation of minimal and/or standard conditions. Because most of these types of land uses are small businesses operated by individual business owners, a streamlined discretionary review process could provide a benefit, as it will save time and processing costs.

Staff researched several municipalities in the region in an effort to create a more simplified review process. Various cities currently offer an “ Administrative Use Permit” or a “ Minor CUP” process which is a less extensive and streamlined discretionary review process, in addition to a typical CUP process. These minor and administrative use permits apply to lowimpact uses that require less staff time and are routine in nature. Generally, these types of permits are reviewed by a Hearing Officer, Zoning Administrator, or the Planning Director, with or without a public hearing.

Based on the research conducted, the proposed amendment includes creation of a Minor CUP process for certain land uses that currently require a CUP, but are routine in nature and less complex. As proposed, the Community Development Director Director), without a public hearing, would be given the authority to approve or deny Minor CUP applications. The elimination of the public hearing from the review process will result in a streamlined review process, with a shortened review period and reduced application costs for business owners seeking to establish a new business in the City. However, in order to sufficiently inform the public, public notices would be sent to property owners within 300 feet of the project site at least 10 days before the Directors decision. As with other director-level reviews, the Director would have the authority to refer any Minor CUP applications to the Planning Commission for review. The process as proposed would ensure public awareness of the projects being filed, in case they have any comments or concerns, while also reducing the application review time since a public hearing would no longer be required. The Minor CUP would be less constraining to applicants yet allow the City to conduct a proper review while keeping the public informed.

Land Uses and Minor Modification of Development Standards Subject to Minor CUP The proposed amendments include permitting certain land uses that the City currently allows with the approval of a CUP, with a Minor CUP. These land uses were selected in response to repeated requests that upon review yield little to no concerns with incorporation of minimal and/or standard conditions. These uses include, in selected zones, the on-sale of alcoholic beverages if accessory to a primary restaurant without a bar area that is open to the public, the manufacturing of alcoholic beverages, computer internet facilities, daycare centers, and studio instructional services.

Additionally, staff identified that minor modifications of certain development standards could also be considered through the new Minor CUP process. Currently, certain insignificant modifications of certain development standards could be approved at the staff level through an Administrative Remedy. However, any modification beyond what is permissible through an Administrative Remedy requires a Variance which requires Planning Commission approval at a noticed public hearing. Similar to the CUP process, the Variance process is discouraging to applicants due to the associated processing time and costs. Given that minor modifications of certain development standards typically do not have a negative impact on surrounding properties, allowing them through the new Minor CUP process would serve the public’s interest. The types of minor modifications of development standards to be reviewed through the Minor CUP process include limited reduction in lot area, dimensions, required yards, distance between buildings, and required parking spaces. Additionally, applicants would be able to request to increase the permitted lot coverage, height of buildings, walls, and fence, and encroach into required yard areas on a limited basis through the Minor CUP process.

Other Land Use Related Revisions
The proposed amendment consists of other minor updates to the list of land uses and definitions, which includes separating the “Animal, Grooming and Daycare” land use, which currently requires a CUP, into two separate uses. Animal daycares and grooming establishments are two distinct land uses that have different operational characteristics. Animal daycares are facilities that provide short-term boarding for household pets, where the presence of multiple animals in one location warrants special consideration, however, since the potential impacts are not typically significant and can be mitigated with standard conditions, this land use is a good candidate to be reviewed under a Minor CUP. Conversely, animal grooming, which is a service-oriented business that provides appearance maintenance of domesticated animals, is a low-impact use due to its nature of being a service-oriented use that typically has a limited number of animals on site. As such, the amendment proposes to establish “Animal, Grooming” as a permitted by right land use in selected zones.

In addition, since the existing Code does not adequately address valet parking, the proposed amendments include defining valet parking, establishing review criteria for valet parking, which includes a detailed operational and parking management plan, and requiring an approval of a Minor CUP for valet parking. Valet parking services add value to businesses by providing an additional amenity to guests and patrons while controlling the flow of parking; however, since the Code lacks the safeguards to oversee valet parking operations, it is necessary to establish the review criteria to ensure the service is not detrimental to the surrounding area.

Lastly, the proposed amendments would allow the off-sale of alcoholic beverages for certain retail markets without a CUP.

Based on review, staff identified that requiring a CUP for larger supermarkets/grocery stores, such as major grocery stores i.e. Ralph’s, Trader Joe’s) and large retail stores with food sales (i.e. Target, Walmart), for off-sale of alcoholic beverages is not necessary, as the operational nature of such establishments coupled with the State Department of Alcoholic Beverages Control ( ABC) requirements typically result in little to no negative health and safety concerns. As such, the proposed amendment would create a new land use, “ Markets, Large”, intended for supermarkets/grocery stores over 10,000 square feet in size, and allow such uses to sell alcoholic beverages for off-site consumption as an accessory use without a CUP or a Minor CUP in certain zones.

Public Convenience or Necessity Requests
According to California State law, ABC requires a Public Convenience or Necessity ( PCN) determination from local jurisdiction if a new or transfer alcohol license is requested in a police-reporting district with a crime rate above the City average or in a census tract with overconcentration in the number of ABC licenses. The existing Code is silent on how PCN requests are processed, and as such, the proposed amendment would codify and establish the process for reviewing these types of requests, consistent with applicable laws. Consistent with the approval authorities associated with CUPs and Minor CUPs, the proposed amendment would give Planning Commission the authority to review PCN requests associated with CUP applications, and the Director would have the review authority to review PCNs in any other cases.

Other Minor Updates
Additional sections of the Code would be updated to ensure consistency with the proposed amendments as described above. Specifically, the Administrative Remedy section of the Code would be amended to update one of the existing allowable modifications of development standards to align with the modification allowed by Minor CUP, new definitions and parking standards are proposed for the land uses being updated by this ZOTA, and the Conditional Use Permit section would be updated to remove repetitive information.

PUBLIC NOTICE AND COMMENTS
This Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for this Project is provided as Attachment D. As of the writing of this report, staff has not received public comments.

Attachments
ATTACHMENT A - PC Resolution. pdf
ATTACHMENT B - Exhibit A to PC Reso.pdf
ATTACHMENT C - Summary of Amendments Table . pdf
ATTACHMENT D - NOPH.pdf

ENVIRONMENTAL ASSESSMENT
The project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The Project is categorically exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are limited to establishing a Minor Conditional Use Permit process, provide review criteria for valet parking services, create and update land uses and definitions, and create a process for Public Convenience or Necessity requests, which would not result in any physical changes to the environment. As such, the proposed amendments will not have a significant impact on the environment. Any further development would be subject to CEQA review.

CONCLUSION
The proposed Minor CUP process provides benefits to the public, especially business owners, with the streamlined review while maintaining the City’s ability to properly review and impose conditions as deemed necessary to reduce any potential impacts of the proposed land uses. With the required notice, the public will continue to be informed and would be able to contact staff and provide input that could be incorporated into conditions of approval. For these reasons, staff recommends the Planning Commission adopt a resolution recommending to the City Council the approval of the proposed ZOTA.

RESPECTFULLY SUBMITTED:

Joanne Hwang, AICP, City Planner
Prepared by: Cristal Nava, Assistant Planner

ATTACHMENT C
Draft Ordinance ZOTA No. 2023-03
Summary of Amendments
Ordinance
Section #s
Redline
Section #s
(Exhibit A of
PC Resolution
No. 2024-03)
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
3, 8, 9, 19,
20 1, 3, 12 20.00 (General
Provisions)

20.11 (Permitted Land
Uses)

20.408 (Administrative
Procedures)
Minor Conditional Use Permit: Establishes a new use permit and procedure to streamline the review of low-impact uses and minor modification of existing standards.

Establishment of a Minor CUP
• Creates a “Conditional Use Permit, Minor” definition. • Updates the Conditional Use Permit section to include the Minor Conditional Use Permit process.
• Establishes Community Development Director approval authority without public hearing, public notification requirements, and appeal process.

Land Uses and Minor Modification of Development Standards Subject to Minor CUP • Modifies the permitted land use table to reflect the land use categories under a Minor Conditional Use Permit.
o Alcoholic beverages sale, on-sale – only if accessory to a primary restaurant use that does not have a bar area open to the public (C-N, C-C, C-G, C-M, all MU zones) o Alcoholic beverage sale, manufacturing (CM, M-P, M-1 and M-2) o Computer internet facilities (CC, CG, all MU zones)
o Daycare centers (all MU zones)
o Studios, instruction/service (CM, M-1)
• Identifies minor deviations from standards that are permitted with the approval of a minor conditional use permit.
o Reduction of lot area or dimensions – between five percent (5%) to ten percent (10%). o Reduction in required yards or distance between buildings - between ten percent (10%) to twenty percent (20%).
o Reduction of required parking spaces – between ten percent (10%) to twenty percent (20%).
o Modification of wall height increase – between twelve (12) inches to twenty-four (24) inches.
o Encroachment into required yards – between five percent (5%) to ten percent (10%). o Modification of permitted lot coverage – between ten percent (10) to twenty percent (20%).
o Modification of maximum height regulations – between five percent (5%) to ten percent (10%).
2 Ordinance
Section #s
Redline
Section #s
(Exhibit A of
PC Resolution
No. 2024-03)
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
2, 4, 7, 8, 9 1, 2, 3 20.00 (General
Provisions)

20.08 (Development
Standards)

20.11 (Permitted Land
Uses)
Other Land Use Related Revisions: Land use definitions are modified, and the permitted land use chart is updated.

Animal, Grooming and Daycare
• Modifies the definition of “Animal, Grooming and Daycare” into two separate uses:
“Animal, Daycare” and “Animal, Grooming”.
• Permits Animal, Daycares with Minor Conditional Use in C-N, C-C, C-G, C-M, M-P, M-1, all MU zones.
• Permits Animal, Grooming by right in C-N, C-C, C-G, C-M, M-P, M-1, all MU zones.

Valet Parking Operations
• Creates a “Valet Parking” definition.
• Establishes the review criteria for the establishment of valet services permissible through approval of Minor CUP.

Markets, Large
• Creates a “Markets, Large” definition.
• Permits by right “Markets, Large” in C-P, C-N, C-C, C-G, C-M, MU-I, MU-II. • Permits the off-sale of alcoholic beverages as a by-right use if incidental to Markets, Large.
23 13 20.408 (Administrative
Procedures)
Public Convenience or Necessity Requests: Adds a new subsection that establishes the Planning Commission as the hearing body for Public Convenience or Necessity Requests.

Identifies the Community Development Director as the review authority for selected land uses that are permissible through a Minor CUP.
3 Ordinance
Section #s
Redline
Section #s
(Exhibit A of
PC Resolution
No. 2024-03)
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
5, 6, 9, 10,
11, 12, 13,
14, 15, 16,
17, 18, 19,
20, 21, 22
2, 4, 5, 6,
7,8 ,9, 10, 12

20.08 (Development
Standard)

20.24 (Nonconforming
Structures and Uses)

20.224 (C-P
Commercial,
Administrative, and
Professional Office
Zone)

20.232 (C-C Major
Shopping Center
Zone)

20.236 (C-G General
Commercial Zone)

20.240 (C-M
Commercial Industrial
Zone)

20.244 (C-RC
Commercial
Recreation Zone)

20.248 (M-P Planned
Industrial Zone)

20.252 (M-1 Light
Industrial Zone)

20.408 (Administrative
Procedures)
Other Minor Updates: Updates the parking requirement for the modified land uses and updates section of the Zoning Code to create consistency with the proposed amendment, as follows:
• Adds minimum parking requirements for the new uses:
o Animal, Daycares
o Animal, Grooming
o Markets, Large
• Updates the Nonconforming Structures and Uses section to reflect the new Minor CUP. • Removes repetitious plan review and conditional use permit requirement language in sections.
• Modifies the Administrative Remedy encroachment into required yards not to exceed more than five percent (5%).

ATTACHMENT D

CITY OF BREA
CITY COUNCIL NOTICE OF PUBLIC HEARING FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2023-03.

NOTICE IS HEREBY GIVEN by the City of Brea that a public hearing will be held at a City Council Meeting on Tuesday, May 7, 2024 at 7:00 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, to consider the following application:

REQUEST: The City of Brea requests approval of the following entitlements: Zoning Ordinance Text Amendment (ZOTA) No. 2023-03 to amend Chapters 20.00, 20.08, 20.11,

20.24, 20.224, 20.232, 20.236, 20.240, 20.244, 20.248, 20.252, and 20.408. The main purpose of this zoning ordinance text amendment is to provide regulatory relief and allow streamlined review of certain low-impact uses and minor modification of standards by establishing a new minor conditional use permit process. In conjunction, the proposed zoning text amendment would also provide related updates to the land uses and definitions, and establish standards for processing Public Convenience or Necessity requests.

LOCATION: Citywide
ENVIRONMENTAL: The project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City.

The proposed zoning code text amendments are exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

ALL INTERESTED PERSONS ARE INVITED TO ATTEND SAID HEARING AND EXPRESS OPINIONS ON THE MATTERS OUTLINED ABOVE. FURTHER INFORMATION MAY BE OBTAINED BY CALLING THE PLANNING DIVISION AT (714) 990-7674 OR BY EMAILING [email protected].

IF YOU CHALLENGE THE PROJECT AND RELATED ENVIRONMENTAL DETERMINATIONS IN COURT,

YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE

PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE, DELIVERED TO THE COMMISSION AT, OR PRIOR TO, THE PUBLIC HEARING.

Lillian Harris-Neal
City Clerk
Date: 04/03/2024 Publish: 04/25/2024

1. CALL TO ORDER/ROLL CALL - COMMISSION
All members present except Commissioner Donini.

2. INVOCATION
Deputy City Clerk Popescu provided the Invocation.

3. PLEDGE OF ALLEGIANCE
Commissioner Perez led the Pledge of Allegiance.

4. MATTERS FROM THE AUDIENCE
None.

5. CONSENT CALENDAR
Motion made by Commissioner Madden to approve Items 5A & B, seconded by Commissioner Perez. Motion approved by a vote of 4-0-1
5A. Approval of Minutes
5B. General Plan Annual Report 2023

6. PUBLIC HEARINGS
6A. Zoning Code Text Amendment No. 2023-03:

Assistant Planner, Cristal Nava, provided a presentation for the Zoning Code Text Amendment.

The commission had questions related to :
** The following document is a draft of the minutes and not the official approved minutes ** Minutes for the Planning Commission
1 Civic Center Circle, Brea, California 92821
March 26, 2024, 6:00 PM
Roll Call: (The following members were in attendance)
Joseph Covey, Chair - Planning Commission
Bill Madden, Planning Commissioner
Blake Perez, Planning Commissioner
Melanie Schlotterbeck, Vice Chair - Planning Commission Motion made by Commissioner Perez to approve Item 6A, seconded by Commissioner Madden. Motion was approved by a vote of 4-0-1.

7. ADMINISTRATIVE ITEMS
7A. Focused General Plan Update - Community Steering Committee Appointment City Planner Hwang provided background on the General Plan Update process, provided details on the community steering committee, and requested that the Planning Commission choose a representative to serve on the Steering Committee. Commissioner Perez volunteered to be the representative with Chair Covey as an alternate.
7B. Committee Reports
None.
7C. Informational/Project Updates
None.

8. ADJOURNMENT
Chair Covey adjourned the meeting at 6:28 pm.

Minor CUP Process
Potential impact on existing animal grooming/daycare uses Potential for Annual Report on Applications
City of Brea
City Council Regular Meeting Communication
April 16, 2024 Regular City Council Meeting Minutes
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5A
FROM
Bill Gallardo, City Manager
Attachments
04-16-2024 - Draft Minutes.pdf

RECOMMENDATION
Approve.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Alex Sung, City Clerk Specialist
Concurrence: Lillian Harris-Neal, City Clerk
 






 
 

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City of Brea
City Council Regular Meeting Communication
Annual Report Related to Police Department Use of Military Equipment as required by Government Code § 7072
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5B
FROM
Christopher Harvey, Police Lieutenant

RECOMMENDATION
Receive and file.

BACKGROUND/DISCUSSION
In March 2022, the Police Department drafted a Military Equipment policy, as required by Government Code § 7070-7075.

Ordinance No. 1227 was adopted by the City Council on May 17, 2022, adopting the Police Department’s Military Equipment policy. The Military Equipment policy was renewed with the adoption of Ordinance No. 1243 on August 15, 2023.

Government Code § 7072 requires the Police Department submit to the City Council an annual report that includes:

In order to address some of the above topics, specifically on-hand quantities and ongoing costs, the Police Department updated the Military Equipment policy and Military Equipment Inventory on April 29, 2024. The updated policy and inventory are attached with this Staff Report. The remaining topics are outlined below.

Summary of Use:

A summary of how the military equipment was used and the purpose of its use.

A summary of any complaints or concerns received concerning the military equipment.

The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

The quantity possessed for each type of military equipment.

If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

July 2023: During a SWAT operation in Fullerton involving an armed barricaded suspect, Brea officers deployed a 40MM Sponge Round to break an apartment window, and then deployed Pepper Ball rounds and a Smokeless Tri-Chamber CS gas device into apartment. They caused the suspect to surrender.

July 2023: During a SWAT operation in Fullerton involving a barricaded burglary suspect, Brea officers deployed Pepper Ball rounds into the area where the suspect was barricaded, causing him to surrender.

October 2023: Brea officers used two 40MM Sponge Rounds against a suspect who was armed with a knife, hiding in bushes, and refusing to surrender. The suspect surrendered.

Lenco BearCats: used to transport SWAT operators from Brea PD and allied agencies during SWAT training and operations
Attachments
Military Equipment Policy.pdf
Complaints/Concerns: The Police Department did not receive any complaints, concerns, or questions related to the Department’s ownership or use of military equipment.

Audit: All uses of military equipment were done in compliance with state and federal laws and were within department policy. There were no known incidents of misuse or policy violations.

Acquisition: None.

A copy of this Annual Report, Policy, and Inventory will be posted on the Police Department's website, as required by law.

FISCAL IMPACT/SUMMARY
None.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Christopher Harvey, Police Lieutenant
Concurrence: Adam Hawley, Chief of Police
R&S Custom Trailer: used as a command post during DUI checkpoints Daniel Defense Rifles: deployed on occasion by patrol and SWAT officers in order to gain compliance from potentially armed individuals.

Various Distraction Devices, Various Gas Canisters and 40MM Sponge Rounds were used for required annual training and certification of SWAT officers.
40MM Sponge Rounds were used for annual training and certification of other sworn officers.

Policy
705
Brea Police Department
Brea PD Policy Manual
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Published with permission by Brea Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Military Equipment – Government Code § 7070 defines "military equipment as including:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Brea Police Department
Brea PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/29, All Rights Reserved.

Published with permission by Brea Police Department ***DRAFT*** Military Equipment - 2 705.2 POLICY
It is the policy of the Brea Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. It is the policy of the Brea Police Department that there shall be legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the supervisor in charge of asset tracking to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Brea Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(h) Coordinating the processing of complaints and concerns submitted as outlined in this policy.
705.4 MILITARY EQUIPMENT INVENTORY
The items referenced below meet the definition of "Military Equipment" as defined in Government Code § 7070. Items are organized based on equipment categories or types as defined in Government Code § 7070(c). Only categories or types of equipment owned or used by Brea Police Department personnel are included in this inventory. If a category or type is omitted that means that the Brea Police Department does not own or use equipment in that category.

Brea Police Department
Brea PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/29, All Rights Reserved.

Published with permission by Brea Police Department ***DRAFT*** Military Equipment - 3 As required by Government Code §§ 7070-7072, information listed in each category or type of military equipment includes the quantity of each type, along with its use and capabilities, expected lifespan, manufacturer's product description, purpose, authorized use, purchase cost, annual upkeep costs, legal and procedural rules governing use, and training required to use each type of military equipmnet.
705.4.1 ITEMS THAT ARE EXPENDABLE AND/OR PERISHABLE
Some items listed are expendable (can be used or expended) and/or perishable (have shelf lives and expiration dates). These include, but are not limited to, launchable munitions and flashbangs.

For perishable and/or expendable items, the attached inventory will include a maximum quantity along with the quantity at the moment in time of the inventory. Being expendable and perishable, the current inventory will be in constant flux and may not match what is listed in the attachment. The Police Department may maintain up to the listed amount of each such expendable or perishable item unless and until this Policy is amended to approve a different type or amount, without additional approval from the governing body.
705.4.2 MILITARY EQUIPMENT USE CONSIDERATIONS
The following shall apply to any military equipment acquired and authorized by the department:

1. Use of the equipment shall be necessary because there are no reasonable alternatives that can achieve the same objective of officer and civilian safety.

2. Use of the equipment will serve to safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The equipment is reasonably cost effective compared to any available alternatives that can achieve the same objective of officer and civilian safety

4. The equipment shall only be used by department employees who have received required training, including any courses required by the Commission on Peace Officer Standards and Training (POST), and/or who otherwise possess established qualifications for each item type of equipment, unless an emergency or other exigent circumstances exist.

5. The equipment shall comply with other pertinent Brea Police Department Policies including, but not limited to, Use of Force, Control Devices and Techniques, Search and Seizure, and First Amendment Assemblies.
705.4.3 MILITARY EQUIPMENT INVENTORY
See attachment: Brea Police Dept Military Equipment Inventory April 2024.pdf All military equipment kept and maintained by the Brea Police Department shall be cataloged in a way which addresses each of the following requirements:

1. The manufacturer's description for each type of equipment.

2. The capabilities of each type of equipment.

3. The purposes and authorized uses for which the Department proposes for each type of equipment.

Brea Police Department
Brea PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/29, All Rights Reserved.

Published with permission by Brea Police Department ***DRAFT*** Military Equipment - 4

4. The expected lifespan of each type of equipment.

5. The fiscal impact of each type of equipment, both initially and for ongoing maintenance.

6. The quantity of each type of equipment, whether maintained or sought. 705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval for use of military equipment from the City Council by way of an ordinance adopting a new or revised military equipment use policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment shall not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of this policy, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee shall post each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

Brea Police Department
Brea PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/29, All Rights Reserved.

Published with permission by Brea Police Department ***DRAFT*** Military Equipment - 5 (a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department shall discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
705.9 COMPLIANCE
The Military Equipment Coordinator will ensure that all Department members comply with this policy and will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, as appropriate, the violation(s) will be referred to the Professional Standards Unit and handled as Personnel Complaints. All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Brea Police Department via telephone to the Brea Police Department Watch Commander at 714-990-7624. A response to the question or concern shall be completed and provided by the Department in a timely manner, but not to exceed thirty (30) days.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it shall be routed to the Professional Standards Unit as provided for citizen complaints Brea PD Policy Manual
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Published with permission by Brea Police Department ***DRAFT*** Attachments - 6 Attachments
Attachment
Brea PD Policy Manual
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Published with permission by Brea Police Department
***DRAFT*** Brea Police Dept Military Equipment Inventory April 2024.pdf - 7
Brea Police Dept Military
Equipment Inventory April 2024.pdf
Brea Police Dept Military Equipment Inventory April 2024.pdf

ARMORED PERSONNEL CARRIERS
[Government Code section 7070(c)(2)]
Item: LENCO BEARCAT
Quantity: 2*
*These items are owned and maintained by the Fullerton Police Department and La Habra Police Department, but are mutual aid assets used by Brea Police Department personnel as part of a regional SWAT team.

Use and Capability: Commercially-produced, four-wheeled armored personnel carrier and rescue vehicle; capable of transporting 10-12 fully equipped SWAT officers, with an open floor plan to allow for rescue of downed personnel or victims/civilians. The vehicle can be used for both SWAT and non-SWAT incidents.

Expected Lifespan: 25 years.

Manufacturer’s Product Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government.

Purpose: To be used in response to dangerous incidents to enhance officer and citizen/victim safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of armored vehicles shall be authorized by a Watch Commander or SWAT Commander, based on specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Purchase Price: $315,518.65**
**Both BearCat vehicles were obtained through the UASI group procurement process.

Annual Upkeep Costs: Annual maintenance cost of approximately $5,000 per vehicle (paid for by the City of Fullerton and City of La Habra) Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: All drivers/operators must first attend formalized in-house instruction which includes vehicle operations and practical driving instruction.

COMMAND AND CONTROL VEHICLES
[Government Code section 7070(c)(5)]
Item: R & S CUSTOM TRAILER MODEL T-22PR ROAD HAULER (CERT Trailer)
Quantity: 1
Use and Capability: A vehicle-towed mobile office trailer that provides shelter, access to department computer systems, and restroom facilities during extended events.

Expected Lifespan: 20 years
Manufacturer’s Product Description: Not available.

Purpose: The 2011 Model T-22 Road Hauler trailer is a 22 feet long box trailer that has is used as a mobile, portable command post for primary use by the Civilian Emergency Response Team and can be utilized by the Police Department for DUI checkpoints and as a command post at community events. Additional authorized uses of the CERT Trailer may include, but are not limited to, critical incidents, emergencies and natural disasters.

Authorized Use: Only City of Brea personnel who have completed any required training and have obtained the California Department of Motor Vehicles Class B Driver License will be allowed to tow the CERT Trailer.

Purchase Price: $0*
*The Anaheim/Santa Ana UASI group completed the procurement process of the CERT Trailer for the City of Irvine, utilizing FY2008 UASI funds to purchase a volunteer management/equipment trailer in support of FEMA’s Citizen Corps Program, specifically the Community Emergency Response Teams (CERT). This trailer was issued to the City of Irvine’s CERT Program through the Irvine Police Department. In 2014, the Anaheim/Santa Ana UASI grant office was notified that the Irvine CERT program could no longer use the trailer due to operational and administrative issues, they returned the trailer for issuance to another CERT program. The Anaheim/Santa Ana UASI office identified the City of Brea to receive this trailer for use in support of its CERT Program. The trailer was issued to the City of Brea’s CERT Program through the Brea Police Department. The CERT Program was later moved to the Brea Fire Department who then took over the administration of CERT and the trailer.

Annual Upkeep Costs: Approximately $200
Legal and Procedural Rules: Use of the CERT Trailer is not governed by the policies of the Brea Police Department, and may be used at the discretion of the Emergency Preparedness Coordinator or Brea Fire Department Administration.

Training Required: The driver towing the CERT Trailer shall be a City of Brea employee who possesses a valid California Department of Motor Vehicles Class B Driver License.

EXPLOSIVE BREACHING APPARATUSES AND RELATED

MUNITIONS
[Government Code section 7070(c)(7)]
Item: REMINGTON 870 SHOTGUN, MODIFIED WITH A BREACHING
BARREL
Quantity: 1
Use and Capability: This weapon allows for SWAT Officers to safely utilize shotgun breaching rounds in order to disable deadbolts, locks, and door hinges. There is a spiked stand-off built into the end of the barrel to allow for positive placement of the gun into the correct position. The stand-off has vents to deflect debris and gases to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flash bang round (a less lethal 2.4 inch, 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second)
Expected Lifespan: 20 years
Manufacturer’s Product Description: Not available.

Purpose: To allow SWAT officers to defeat locks and/or hinges to safely enter a structure.

Authorized Use: Use of any explosive breaching device shall only occur after authorization by the Incident Commander or SWAT Commander in the field, or during training exercises. Only fully trained SWAT operators shall use these weapons and munitions.

Purchase Price: $1,200
Annual Upkeep Costs: Approximately $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this breaching tool only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: All SWAT Officers who use a breaching shotgun shall first successfully complete an approved explosive breaching class, and must receive annual in-house training for the use of the breaching shotgun and munitions.

Related Munitions:

Item: TKO BREACHING SHOTGUN ROUNDS
Description: A round that is fired from a breaching shotgun and is used to disable deadbolts, locks and hinges.

Current Inventory: 30 rounds
Usual Inventory: 30 rounds
Authorized Use: Use of any explosive breaching device shall only occur after authorization by the Incident Commander or SWAT Commander in the field, or during training exercises. Only fully trained SWAT operators shall use these weapons and munitions.

Purchase Price: $6.09 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this breaching tool only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: All SWAT Officers who use a breaching shotgun shall first successfully complete an approved explosive breaching class, and must receive annual in-house training for the use of the breaching shotgun and munitions.

SPECIALIZED FIREARMS / ASSAULT WEAPONS
[Government Code section 7070(c)(10)]
Item: DANIEL DEFENSE MODEL DDM4V7, 5.56 MM, 11” BARREL
Quantity: 60
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: The DDM4 V7 AR15 style firearm features MLOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16-inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

Purpose: Patrol rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST-certified rifle course may carry and deploy rifles. Patrol rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: $1,400 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Prior to deploying and using a rifle, officers must first be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use.

Item: HECKLER & KOCH MODEL G36C, 5.56 MM, 8.9” BARREL
Quantity: 3
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: With its short 8.98 inch (228 mm) barrel and buttstock folded, the G36C (compact carbine) has an overall length of less than 20 inches— shorter that an MP5 submachine gun. It is the perfect 5.56 mm weapon for use in confined areas such as a vehicle. The G36C can even be fired with its buttstock folded. With the installation of an HK G36 magazine conversion magazine well, the G36C can use widely available AR/M16/M4 type magazines.

Purpose: Patrol rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST-certified rifle course may carry and deploy rifles. Patrol rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: $900 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Prior to deploying and using a rifle, officers must first be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use.

Item: HECKLER & KOCH, MODEL 416D, 5.56MM, 11.5” BARREL
Quantity: 4
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: Heckler & Koch developed the HK416 for U.S. special operations forces as a major product improvement of M4/M16-type carbines and rifles. Using the HK-proprietary gas piston system found on the G36, the HK416 does not introduce propellant gases and carbon fouling back into the weapon’s interior, making it the most reliable of any M4/M16 type weapon.

Purpose: Patrol rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST-certified rifle course may carry and deploy rifles. Patrol rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: $0*
*These rifles were obtained with credit from traded-in older model rifles Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Prior to deploying and using a rifle, officers must first be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use.

Item: DANIEL DEFGENSE MODEL DDM4 V7S, 5.56 MM, 11.5” BARREL Quantity: 10
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer’s Product Description: The DDM4 V7 AR15 style firearm features MLOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16 inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

Purpose: Rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST-certified rifle course may carry and deploy rifles. Rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws. These particular rifles are assigned to Department members who are assigned to North County SWAT, and the officers who are issued these rifles carry them in both patrol and SWAT operations.

Purchase Price: $1,759 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Prior to deploying and using a rifle, officers must first be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use.

Item: LARUE TACTICAL OPTIMIZED BATTLE RIFLE (OBR), 7.62 MM Quantity: 1
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 15 years
Manufacturer’s Product Description: The LaRue OBR (Optimized Battle Rifle) was built from the ground up, using a newly designed upper-receiver platform, combined with a lower, inspired from our successful 5.56 MM lower. Both the upper and lower are CNC-machined from billet, for the optimum fit and consistency. The receiver components are designed with more material in critical areas to alleviate known issues of weakness in 7.62 platforms and to stiffen the receiver...translating into maximum accuracy.

Purpose: Sniper rifles enable officers, when in compliance with the Brea Police Department’s Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. They allow officers precision shot placement minimizing the risk to officers and innocent citizens Authorized Use: Officers who have attended a specific POST-certified rifle course may carry and deploy rifles. Rifles are to be used for law enforcement purposes, and in compliance with the Brea Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: $4,125 per rifle
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: This rifle may only be used by SWAT Officers who have successfully completed a POST-certified rifle marksmanship or sniper course.

Additionally, all members that operate any rifle are required to pass a range qualification quarterly prior to use.

FLASHBANG GRENADES, TEAR GAS, AND PEPPER BALLS
[Government Code section 7070(c)(12)]
Item: DEFENSE TECHNOLOGY LOW ROLL II, DISTRACTION DEVICE Current Inventory: 19
Usual Inventory: 20
Use and Capability: Device used to distract device used to disorient or divert a suspect’(s) attention away from SWAT Officers using light and sound. This device can allow SWAT Officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This device can prevent injury to officers and citizens. This device can lead to a safer resolution and allow SWAT Officers to take a suspect’(s) into custody without force
Expected Lifespan: Until expended
Manufacturer’s Product Description: The 11-Gram Low Roll II® Non-Reloadable Distraction Device®, High Humidity utilizes an M201A1 type fuse with Hex design steel body. This compact version of the 8933 Low Roll Distraction Device body is the newest version of the first reusable non-bursting canisters that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. This is a smaller, lighter device with the same output. This is a modified version of the Low Roll II Non-Reloadable Distraction Device that is designed for use in high humidity environments, which incorporates a water-resistant charge tube. The standard render safe practice involving 24-hour water submersion will no longer be effective for the high humidity devices, please consult the render safe procedure for incineration in the instructions.

Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used by officers who have been trained in their proper use, in hostage and barricaded subject situations, in highrisk warrant (search/arrest) services where there may be extreme hazards to officers, during other high-risk situations where their use would enhance officer safety, and during training exercises.

Purchase Price: $46 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: Prior to use, officers must successfully complete diversionary device training that is conducted by POST-certified instructors.

Item: DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE Current Inventory: 8
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $35 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Current Inventory: 14
Usual Inventory: 10
Use and Capability: Handheld/throwable or weapon-launchable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $28 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY CS TRIPLE-CHASER SEPARATING

CANISTER
Current Inventory: 20
Usual Inventory: 30
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $44 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, OC TRIPLE CHASER SEPARATING

CANISTER
Current Inventory: 21
Usual Inventory: 30
Use and Capability: Handheld/throwable grenade use to deploy and disperse OC chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The OC Triple-Chaser® Pyrotechnic Grenade is one of our first-ever pyrotechnic grenades that combines the effectiveness of Oleoresin Capsicum (OC) as an irritant and inflammatory agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions for crowd control. The Triple-Chaser OC consists of three separate canisters pressed together.

This grenade can be hand thrown or launched from a delivery system. The grenade is 6.5 in. by 2.7 in. and holds approximately 1.06 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $35 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, CS POCKET TACTICAL CANISTER
Current Inventory: 9
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At

4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device.

Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $39 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: DEFENSE TECHNOLOGY, SMOKE CANISTER
Current Inventory: 16
Usual Inventory: 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse inert smoke.

Expected Lifespan: Until expended, or five years from date of manufacture Manufacturer’s Product Description: The Military-Style Maximum Smoke Grenade comes from the Defense Technology® #3 smoke grenade. It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Purchase Price: $49 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training: Sworn members utilizing chemical agent canisters must first be certified by POST less lethal and chemical agent instructors.

Item: FTC PEPPERBALL LAUNCHER
Quantity: 1
Use and Capability: A compressed-air powered launcher designed to launch nonlethal PepperBall projectiles, both inert and irritant-containing, at a maximum distance of 150 feet.

Expected Lifespan: 20 years
Manufacturer’s Product Description: FTC is a high-capacity, semi-automatic launcher that is perfect for crowd management and mobile field force operations.

Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Purchase Price: $573.25
Annual Upkeep Costs: $50
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

Related Munitions:

Item: PEPPERBALL LIVE-X PROJECTILES
Manufacturer’s Product Description: Our most potent and powerful concentration of PAVA pepper powder. One round of LIVE-X™ contains the equivalent PAVA irritant chemical agent in 10 regular PepperBall® LIVE™rounds.

Current Inventory: 700 rounds
Usual Inventory: 750 rounds
Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Purchase Price: $2,500 per 750 rounds
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

Item: PEPPERBALL INERT PROJECTILES
Manufacturer’s Product Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Current Inventory: 700 rounds
Usual Inventory: 750 rounds
Authorized Use: Only SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Purchase Price: $646 per 750 rounds
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this item only for official law enforcement purposes, in compliance with the Brea Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: SWAT Operators utilizing PepperBall launchers and projectiles must first be trained in their use by POST certified less lethal and chemical agent instructors.

LONG RANGE ACOUSTIC DEVICE (LRAD)
[Government Code section 7070(c)(13)]
Item: AARDVARK LRAD 100x PORTABLE HAILING SYSTEM
Quantity: 1
Use and Capability: A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Expected Lifespan: 25 years
Manufacturer’s Product Description: The Model 100X Portable Hailing System is a self-contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20-30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. (6.8 kg) with battery, accessories, and cables, the easy portability of the 100X can safely communicate beyond standoff distances to determine intent. The highly intelligible voice messages over distances up to 600 meters; max range of 250 meters over 88 dB of background noise and 137dB SPL @ 1 meter, A-weighted maximum continuous output. Taking advantage of its focused, directional sound pattern, optimized driver and waveguide technology, the 100X can penetrate buildings and vehicles to ensure communications are heard and understood. The warning tone provides a safer alternative to non-lethal measures and safely modifies behavior while creating additional time to scale the escalation of force if necessary. With an 8-hour rechargeable battery, optional power sources and water-resistant casing, the 100X creates an instant acoustic standoff perimeter even through wind, engines, sirens, and noisy crowds. The 100X is easily operable with gloves or MOPP gear using the simple user interface.

Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Authorized Use: The LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Purchase Price: $12,293.95
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize this breaching tool only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: No formal training is required, however SWAT Operators trained in the use of the LRAD should set up and operate the device.

PROJECTILE LAUNCH PLATFORM AND RELATED MUNITIONS
[Government Code section 7070(c)(14)]
Item: DEFENSE TECHNOLOGY LMT 40 MM LMT SINGLE SHOT

LAUNCHER
Quantity: 13*
*Four launchers are assigned to the SWAT team, nine launchers are assigned to Patrol Use and Capability: 40MM Launchers are utilized by department personnel as a less lethal tool to launch less-lethal impact rounds, and authorized CS and OC rounds.

Expected Lifespan: 15 years
Manufacturer’s Product Description: Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $1,000 each
Annual Upkeep Costs: $50 each
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Sworn members utilizing 40mm less lethal munitions, chemical agents or impact rounds, must first be trained in their use by POST-certified less lethal and/or chemical agent instructors.

Related Munitions:

Item: DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
Description: The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-ofimpact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent.

Used for Crowd Control, Patrol, and Tactical Applications.

Current Inventory: 758 rounds
Usual Inventory: 675 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $18 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Sworn members utilizing 40mm less lethal munitions, chemical agents or impact rounds, must first be trained in their use by POST-certified less lethal and/or chemical agent instructors.

Item: DEFENSE TECHNOLOGY, 40MM CS FERRET POWDER BARRICADE

PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Powder munition is a barricade penetrating round filled with a CS Powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling of the 40MM launcher. It is non-burning and designed to penetrate barriers. It is primarily used to dislodge barricaded subjects and can also be used for area denial. It is used by tactical teams to penetrate barriers such as windows, hollow core doors, wallboard (drywall), and thin plywood. Upon impact, the nose ruptures and instantaneously delivers the agent payload inside of a structure of vehicle. The active CS agent is 7.6 grams and instantaneously discharges on impact.

Current Inventory: 31 rounds
Usual Inventory: 35 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $21 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Sworn members utilizing 40mm less lethal munitions, chemical agents or impact rounds, must first be trained in their use by POST-certified less lethal and/or chemical agent instructors.

Item: DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADEPENETRATING PROJECTILE ROUND Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non-burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact.

Current Inventory: 16 rounds
Usual Inventory: 20 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $21 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Sworn members utilizing 40mm less lethal munitions, chemical agents or impact rounds, must first be trained in their use by POST-certified less lethal and/or chemical agent instructors.

Item: REMINGTON 870 12 GAUGE LESS LETHAL SHOTGUN
Quantity: 13*
*4 shotguns are assigned to the SWAT team, 9 are assigned to Patrol Use and Capability: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of de-escalation.

Expected Lifespan: 25 years
Manufacturer’s Product Description: For a half century the Remington Model 870P has been the pump shotgun of choice for government agencies. With over 10 million produced to date, it remains the standard by which all pump actions are measured. Its dual, non-binding action bars deliver ultra-smooth, reliable cycling.

The ultimate pump shotgun, the Model 870P stands the test of time, extreme conditions and duty.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained.; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $1,000 each
Annual Upkeep Costs: $50 each
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the less lethal shotguns and bean bag munitions only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Officers must be trained in the 12 gauge less lethal option by inservice or other training prior to use.

Related Munitions:

Item: DEFENSE TECHNOLOGY DRAG STABILIZED 12-GAUGE BEANBAG ROUND
Description: A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Drag Stabilized rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by and orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Drag Stabilized Model is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize”. The Drag Stabilized Model is an aerodynamic projectile; however, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag Stabilized model is very accurate; however, effectiveness is dependent upon many variables such as distance, clothing, stature, and the point where the projectile impacts.

Current Inventory: 237 rounds
Usual Inventory: 125 rounds
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Purchase Price: $5 per round
Legal and Procedural Rules: It is the policy of the Brea Police Department to utilize the less lethal shotguns and bean bag munitions only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Officers must be trained in the 12 gauge less lethal option by inservice or other training prior to use.

City of Brea
City Council Regular Meeting Communication
Contribution to the City's Other Post Employment Benefits (OPEB) Trust Fund with Publlic Agency Retirement Services (PARS)
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5C
TO
Chair and Members of the Investment Advisory Committee
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Approve an immediate transfer of $250,000 from the City's Other Post Employment Benefits (OPEB) Fund (150) to the Public Agency Retirement Services (PARS) Post-Retirement Health Care Trust Program and authorize an additional $175,000 transfer in June 2024.

BACKGROUND/DISCUSSION
On November 17, 2015, in order to responsibly manage pension and OPEB costs, the City Council unanimously authorized participation in both the Public Agency Retirement Services (PARS) Post-Employment Benefits Trust Program, and the PARS Post-Retirement Health Care Trust Program. This action created two separate mechanisms by which the City will be able to pre-fund (one-time and/or annually) a portion of its unfunded pension and OPEB actuarial liabilities.

Based upon the City's most recent actuarial valuation dated June 30, 2022, the City's retiree healthcare plan's unfunded actuarial liability is $24.8 million. The City's current year OPEB expense is approximately $4.2 million. The Annual Required Contribution (ARC) covers the cost of the current retiree benefit obligations (“pay-as-you-go”), as well as pays down the City’s unfunded liability obligation. The actuarial valuation and the ARC are re-calculated every two years, and the 2023 Actuarial Report is expected to be completed in the next fiscal year.

As of June 30, 2023, the OPEB Fund (150) had a cash and investment balance of $437,888. As of February 29, 2024, the cash and investment balance has risen to $472,059. At the April 22, 2024 Investment Advisory Committee (IAC) Meeting, Staff recommended to transfer $250,000 of this cash and investment balance to the PARS Post-Retirement Health Care Trust Program as its initial deposit and depositing $50,000 in October 2024 and again in May 2025, provided that the OPEB available Fund balance be at least $150,000 in October 2024 and $100,000 in May 2025.

COMMISSION/COMMITTEE RECOMMENDATION
The Investment Advisory Committee recommended a more expedited plan of $250,000 an immediate initial deposit and an additional $175,000 contribution in June 2024, which will bring the total invested in the OPEB Trust to $425,000 by the end of Fiscal Year 2023-24. In addition, the IAC recommended the investment of these funds remain at the previously authorized Moderate Active Strategy.

FISCAL IMPACT/SUMMARY
There is no General Fund (110) Impact and no immediate fiscal impact for transferring monies to the Health Care Trust Program for the OPEB Fund (150). Overtime, monies deposited in the PARS Post-Employment Benefits Trust Program will be invested in higher risk investments based upon the Moderate Active Strategy consistent with previously established guidelines.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Attachments
01 City of Brea - OPEB Investment Selection.pdf
Prepared by: Faith Madrazo, Financial Services Manager - Revenue Concurrence: Kristin Griffith, Director of Administrative Services and Monica Lo, Deputy Director of Administrative Services
City of Brea
PARS 115 Trust – OPEB Prefunding Program Investment Selection April 22, 2024
City of Brea – OPEB Investment selection ▎ 2
Contacts
Jennifer Meza, CEBS
Senior Manager, Consulting
(800) 540-6369 x141
[email protected]
Angela Tang, CEBS
Senior Coordinator, Client Services
(800) 540-6369 x159
[email protected]
J. Keith Stribling, CFA
Senior Portfolio Manager
(949) 966-3373
[email protected]
City of Brea – OPEB Investment selection ▎ 3
• 115 Trust Team
• Investment Selection Form
• Actuarial Valuation – OPEB
• Efficient Frontier
• Active vs. Passive
• Quarterly Performance Sheets
• IGD (Investment Guidelines Document)
• Averaging-in Period
• Review Frequency
Investment Selection Checklist
City of Brea – OPEB Investment selection ▎ 4
Pars 115 Trust Team
Trust Administrator & Consultant
40 Years of Experience
(1984-2024)
2,000+
Plans under
Administration
1,000+
Public Agency
Clients
$7.6B
Assets under
Administration
Investment Manager
• Investment sub-advisor to trustee U.S. Bank
• Institutional asset management solutions
• Fixed income and multi asset portfolios
• Active and passive platform options
• Customized portfolios (with minimum asset level)
40+
Years of Experience
(As of 12/31/23)
$229.8B *
Assets under Management
& Advisement
Trustee
• 5th largest commercial bank and one of the
nation’s largest trustees for Section 115 trusts
• Safeguard plan assets
• Oversight protection as plan fiduciary
• Custodian of assets
161
Years of Experience
(1863-2024)
$10.3T
Assets under
Administration
500+
115 Trust Clients
• Serves as record-keeper, consultant,
and central point of contact
• Sub-trust accounting
• Coordinates all agency services
• Monitors plan compliance
(IRS/GASB/State Government Code)
• Processes contributions/disbursements
• Hands-on, dedicated support teams
500 K+
Plan Participants
* Assets under management and advisement as of December 31, 2023 includes fixed income and multi asset class portfolios
City of Brea – OPEB Investment selection ▎ 5
Subaccounts
OPEB and Pension assets are
individually sub-accounted,
and can be divided by dept.,
bargaining group, or cost center
Assets in the PARS Section 115
Combination Trust can be used
to address unfunded liabilities.

Financial Stability
Allows separate investment
strategies for OPEB and
Pension subaccounts.

Flexible Investing
OPEB and Pension assets
aggregate and reach lower fees
on tiered schedule sooner –
saving money!
Anytime Access Economies-of-Scale
Trust funds are available
anytime; OPEB for OPEB
and Pension for Pension.

No set-up costs, no minimum
annual contribution amounts,
and no fees until assets are added.

No Set Up Cost or Minimums
Retiree Medical Benefits
Prefund OPEB GASB 75
OPEB
Reimburse agency; or
Pay benefits provider
Pension Rate Stabilization Program
Prefund Pension (PRSP) GASB 68
Pension
Reimburse agency; or
Pay retirement system
Assets can be used to: Assets can be used to:
prefund
either or both
General Fund
PARS IRS-Approved Section 115 Trust
City of Brea – OPEB Investment selection ▎ 6
• Section 115 Trusts are used by local governments to fund essential governmental functions (i.e., OPEB, pension benefits) into an irrevocable trust • The PARS Trust received the first IRS Private Letter Ruling (PLR) in June 2015 to fund both OPEB and Pension Liabilities for a multiple-employer trust • Any income derived from a Section 115 Trust is tax exempt • Contributions:
— City has full flexibility in regard to its contribution amounts and timing — Funds can be transferred into the trust at any time
• Once contributions are placed into The PARS Trust, assets from the Trust can be used for specific benefit plan purposes including:
— Reimbursing the City for retirement system contributions (Pension) or retiree healthcare costs (OPEB)
— Transferring assets directly to the retirement system (Pension) or OPEB provider (OPEB)
— Paying plan expenses (actuarial valuation or audit)
Section 115 Trust Background

City of Brea – OPEB Investment selection ▎ 8
OPEB Actuarial Results
Measurement Date:

June 30, 2022
Pay-as-you-Go
Discount Rate: 3.54%
Percent Change Prefunding
Discount Rate: 6.54%
Total OPEB Liability (TOL) $24,806,583 30-36%▼ ?
Fiduciary Net Position $0 -- $0
Net OPEB Liability (NOL) $24,806,583 30-36%▼ ?
Service Cost
for FY 2022-23 $994,959 30-36%▼ ?
Annual Benefit Payments
(Pay-as-you-Go)
for FY 2022-23
$1,242,198 -- $1,242,198
Rule of thumb: For every one percent increase in the discount rate, the unfunded liability is lowered by 10-12%.

PFM Asset Management LLC
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
pfmam.com
PFM Asset
Management
Introduction
Sub-Advisor for Investment Management of PARS OPEB Trust As of Q3 2023
▸ Specialist in customized, investmentgrade fixed income and Multi-Asset portfolios
▸ Fixed income strategies include:
▹ Liquidity management
▹ Enhanced cash
▹ 1–3, 1–5, and 1–10 year mandates
▸ Outsourced Chief Investment Officer
(OCIO) builds Multi-Asset portfolios
based on client’s risk/return objectives
PFM Asset Management LLC
10 As of September 30, 2023.
43 years of experience
National Reach:

PFMAM Offices
280+ professionals
$216.9b
Total assets nationwide
$166.3b
Discretionary assets under management
$50.6b
Assets under advisement
▸ Focus on exclusively serving institutional investors
▸ Customizable multi-asset portfolios including LDI and other specialized solutions
▸ Experienced investment committee supported by
dedicated manager research and portfolio construction
teams
▸ Transparency as a Fiduciary to our clients
▹ Assets managed with our clients’ best interests in mind ▹ No commissions
▹ No fees or soft dollars from third parties
▹ Global Investment Performance Standards (GIPS®)
▸ Robust client communications and reporting
Our Outsourced Chief
Investment Officer (OCIO)
Business
11 As of September 30, 2023. Includes PFM Asset Management discretionary OCIO assets under management and sub-advisory assets under management. First discretionary OCIO client dates to August 2000. Multi-Asset Class experience includes legacy organizations.

Professionals as of September 30, 2023.
$25.2 b
OCIO Mandates*
23 years of OCIO experience building
customized solutions for clients
40+ professionals dedicated to
Institutional OCIO
Ranked #24 in P&I Top OCIO
Providers by AUM
$7.0
$8.3
$10.9 $10.5
$13.8
$16.0
$19.9
$16.9
$25.2
$0.0
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
2015 2016 2017 2018 2019 2020 2021 2022 Q3 2023

PFMAM OCIO AUM
In billions
▸ Efficient frontier of portfolios with varying ranges of equities and fixed income, with active and passive implementation options.

Establish: Determine your Strategic Asset
Allocation Strategy
12 Each Investment Objective reflects the associated PARS Diversified Portfolio as of 9/30/2023. A client’s portfolio construction may vary depending on the client's investment needs, objectives, and restrictions as well as the prevailing market conditions at the time of investment. Ranges and allocations subject to change.

Expected Return
Expected Standard Deviation (Volatility)
Conservative
Moderately Conservative
Moderate
Balanced
Capital Appreciation
Equity Fixed
Income Cash
Conservative 5-20% 60-95% 0-20%
Moderately
Conservative 20-40% 50-80% 0-20%
Moderate 40-60% 40-60% 0-20%
Balanced 50-70% 30-50% 0-20%
Capital Appreciation 65-85% 10-30% 0-20%
Asset Class Our Q4 2023 Investment Outlook Comments
U.S. Equities
Large-Caps
Mid-Caps
Small-Caps
• Continuing hawkish Fed stance gave rise to higher for longer rate narrative which led to a rapid increase in 10-year yields and a sell-off across equities. Moderating inflation and improving earnings growth expectations are positives but offset by higher rates.
• Mid cap and small cap valuations are attractive, but outperformance is unlikely until monetary policy becomes less hawkish and investor sentiment/earnings growth improves.

Non-U.S. Equities
Developed Markets
Emerging Markets
International Small-Caps
• International equities continue to trade at a discount to U.S. equities, but sustained tightening in global financial conditions is a headwind. A strong US dollar and slowing growth in China are also headwinds to international equity returns.
• EM equities trade at attractive valuations despite the fact that relative economic growth outside of China is expected to improve. Chinese equities are expected to be negatively impacted by investor sentiment.

Currently, we remain equal weight to EM due to near-term risk factors and continue to monitor for attractive points to add to the position. • International small caps provide exposure to local revenue streams and are trading at attractive valuations.

Fixed Income
Long-Duration,
Interest Rate-Sensitive
Sectors
Credit-Sensitive Sectors
• The Fed’s recent guidance points towards soft landing scenario with another hike possible before the year-end. Yields at short end of the curve look attractive while rising long-term yields have weighed on recent returns. We expect the yields to come down from the recent highs as inflation continues to moderate.
• Credit markets remain attractive due to strong corporate fundamentals.

We continue to seek diversified credit exposure and are closely watching signs for any distress in the corporate credit space.

Alternatives
Real Estate
Private Equity
Private Debt
Commodities
• Higher interest rates and rising foreclosure for office buildings are headwinds for real estate returns. We remain cautious in the near term • Private equity is facing headwinds from higher leverage costs and falling valuations. Debt strategies may benefit from banks’ tighter lending standards, but risk is elevated as the economy continues to slow, which will likely lead to higher default rates.
• Commodities are being impacted by supply shocks in the near-term. Over the next year, we expect slowing global demand to offset price increases from supply shocks.
13 The view expressed within this material constitute the perspective and judgment of PFM Asset Management LLC at the time of distribution (9/30/2023) and are subject to change.

Current outlook Outlook one quarter ago Negativ
e
Slightly
Negativ
e
Neutral Slightly
Positive
Positive
▸ 23 years of OCIO
experience
▸ Over 40 professionals
dedicated to building
customized solutions for
institutional clients
▸ 8-member institutional
investment committee
▸ Strategic asset
allocation forms the
foundation of the
portfolio
▸ Tactical asset allocation
to enhance returns
▸ Rebalancing strategies
focused on “buying low
and selling high”
ensures that the
portfolio is aligned with
client goals and
objectives
▸ 5 investment objectives
▹ Conservative
▹ Moderately
conservative
▹ Moderate
▹ Balanced
▹ Capital Appreciation
▸ Multiple implementation
options and vehicles
▹ Passive only
▹ Active and passive
Strength and longevity Disciplined investment
process
Flexible investment
options
Working With Us
14 Source: As of September 30, 2023. Includes PFM Asset Management discretionary OCIO assets under management and sub-advisory assets under management.

First discretionary OCIO client dates to August 2000. Multi-Asset Class experience includes legacy organizations. Professionals as of September 30, 2023.

Capital Market
Assumptions
Asset Allocation Summary
16 Representative as of 12/20/2023. Asset allocations and assumptions are subject to change. Please see important disclosures at the end of this presentation for additional information.

PARS
Conservative
PARS
Moderately
Conservative
PARS
Moderate
PARS
Balanced
PARS Capital
Appreciation
Equity 15.0% 30.0% 50.0% 60.0% 75.0%
Domestic Equity 11.5% 23.0% 39.0% 47.0% 57.5%
International Developed Equity 2.0% 4.0% 6.0% 7.0% 10.3% Emerging Markets Equity 1.0% 2.0% 3.3% 4.0% 5.3%
REITs 0.5% 1.0% 1.8% 2.0% 2.0%
Fixed Income 80.0% 65.0% 45.0% 35.0% 20.0%
Short-Term Bonds 25.8% 14.0% 10.0% 6.8% 3.0%
Core Fixed Income 52.3% 49.3% 33.5% 27.0% 16.0%
High Yield 2.0% 1.8% 1.5% 1.3% 1.0%
Cash 5.0% 5.0% 5.0% 5.0% 5.0%
Intermediate-Term (5 Years)
Expected Return 6.2% 6.7% 7.0% 7.2% 7.5%
Standard Deviation 4.3% 5.9% 8.3% 9.7% 11.9%
Return / Standard Deviation 1.44 1.14 0.84 0.74 0.63
Long-Term (30 Years)
Expected Return 5.0% 5.6% 6.3% 6.6% 7.1%
Standard Deviation 4.3% 5.9% 8.3% 9.7% 11.9%
Return / Standard Deviation 1.17 0.97 0.75 0.68 0.60
Disclaimer
Investment advisory services are provided by PFM Asset Management LLC (“PFMAM”), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. (“USBAM”). USBAM is a subsidiary of U.S. Bank National Association (“U.S.

Bank”). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.

Public Agency Retirement Services (“PARS”) serves as program administrator to the PARS Section 115 Other Post Employment Benefits (“OPEB”) Trust (the “Trust”). U.S. Bank National Association (“U.S.

Bank”) serves as the discretionary trustee to the Trust. In its capacity as discretionary trustee, U.S. Bank delegates the investment management of the Trust to PFM Asset Management LLC (“PFMAM”) through a sub-advisory agreement. PFMAM is an investment adviser registered with the U.S. Securities and Exchange Commission (“SEC”) and an indirect subsidiary of U.S. Bank.

For more information regarding PFMAM’s services please visit www.pfmam.com.

NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
Disclaimer
17 City of Brea – OPEB Investment selection ▎ 18
Strategy Equity (%) 1 Year 3 Years 5 Years 10 Years
Capital
Appreciation 65-85% 17.32% 4.22% 9.71% 7.23%
Balanced 50-70% 15.39% 2.89% 8.25% 6.21%
Moderate 40-60% 13.98% 2.08% 7.17% 5.55%
Moderately
Conservative 20-40% 11.05% 0.35% 4.95% 4.09%
Conservative 5-20% 8.81% -0.96% 3.30% 3.00%
PARS Diversified Portfolios As of December 31, 2023
ACTIVE PORTFOLIO ANNUALIZED RETURNS ( G ross of Investmen t Managemen t Fees, b ut N et of E mb ed d ed Fund Fees) Please see complete Investment Strategy Sheets (enclosed) for more information.

Subject to change due to rebalancing; Past performance does not guarantee future results.

The advisor to the PARS portfolios is U.S. Bank, and PFM Asset Management serves as sub-advisor to U.S. Bank to manage these portfolios. Prior to January 1st, 2024, HighMark Capital Management, Inc. (“HighMark”) acted as sub-advisor to the PARS portfolios. HighMark, including clients and investment personnel, was consolidated into its affiliate, PFM Asset Management LLC (PFMAM) on January 1st, 2024.

Please see important additional disclosures to the PARS portfolios included in the individual strategy fact sheets at the end of this presentation.

City of Brea – OPEB Investment selection ▎ 19
Strategy Allocation* (%)
Capital Appreciation
(65-85% Equity) 6.47%
Balanced
(50-70% Equity) 26.72%
Moderate
(40-60% Equity) 40.52%
Mod. Conservative
(20-40% Equity) 16.38%
Conservative
(5-20% Equity) 1.72%
Other
(Custom) 8.19%
TOTAL 100.00%
OPEB Strategy Allocation – Clients
Active Platform: 59% / Passive Platform: 41%
Capital Appreciation

6.47%
Balanced

26.72%
Moderate

40.52%
Moderately
Conservative

16.38%
Conservative

1.72%
Other

8.19%
As of December 31, 2023
*Allocations are based on agencies who have funded
For Institutional Investor or Investment Professional Use Only | See Important Disclosures HighMark Plus (Active)
Composite Inception Date 07/2004
No of Holdings in Portfolio 19
HighMark Plus Composite (Active)
Gross Net
Current Quarter* 7.47% 7.38%
Blended Benchmark*,** 6.27%
Year To Date* 8.81% 8.42%
Blended Benchmark*,** 7.85%
1 Year 8.81% 8.42%
Blended Benchmark** 7.85%
3 Year -0.96% -1.31%
Blended Benchmark** -0.47%
5 Year 3.30% 2.93%
Blended Benchmark** 3.20%
10 Year 3.00% 2.63%
Blended Benchmark** 2.95%

PARS DIVERSIFIED PORTFOLIOS

CONSERVATIVE

INVESTMENT OBJECTIVE

ANNUAL RETURNS
ASSET ALLOCATION — CONSERVATIVE PORTFOLIO
Comprehensive Investment Solution
HighMark® Capital Management, Inc.’s (HighMark)
diversified investment portfolios are designed to
balance return expectations with risk tolerance.

Key features include: sophisticated asset allocation
and optimization techniques, four layers of
diversification (asset class, style, manager, and
security), access to rigorously screened, top tier
money managers, flexible investment options, and
experienced investment management.

Rigorous Manager Due Diligence
Our manager review committee utilizes a rigorous
screening process that searches for investment
managers and styles that have not only produced
above-average returns within acceptable risk
parameters, but have the resources and commitment
to continue to deliver these results. We have set high
standards for our investment managers and funds.

This is a highly specialized, time consuming
approach dedicated to one goal: competitive and
consistent performance.

Flexible Investment Options
In order to meet the unique needs of our clients,
we offer access to flexible implementation strategies:

HighMark Plus utilizes actively managed mutual
funds while Index Plus utilizes index-based
securities, including exchange-traded funds. Both
investment options leverage HighMark’s active asset
allocation approach.

Risk Management
The portfolio is constructed to control risk through
four layers of diversification – asset classes (cash,
fixed income, equity), investment styles (large cap,
small cap, international, value, growth), managers
and securities. Disciplined mutual fund selection and
monitoring process helps to drive return potential
while reducing portfolio risk.

WHY THE PARS DIVERSIFIED
CONSERVATIVE PORTFOLIO?
Q4 2023
* Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 - Present: 7.5% S&P500,

1.5% Russell Mid Cap, 2.5% Russell 2000, 1% MSCI EM (net), 2% MSCI EAFE (net), 52.25% Bloomberg US Agg, 25.75% ICE BofA 1-3 Yr US Corp/Gov’t, 2% ICE BofA US High Yield Master II, 0.5% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 – 9/30/2012, the blended benchmark was 12% S&P 500; 1% Russell 2000, 2% MSCI EAFE (net), 40% ICE BofA 1-3 Year Corp./Govt, 40% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007: the blended benchmark was 15% S&P 500, 40% ICE BofA 1-3Yr Corp/Gov, 40% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill.

To provide a consistent level of
inflation-protected income over
the long-term. The major portion
of the assets will be fixed income
related. Equity securities are
utilized to provide inflation
protection.

Conservative
Moderately Conservative
Moderate
Balanced
Capital Appreciation
Efficient Frontier
Risk (Standard Deviation)
Reward (Rate of Return)
Strategic Range Policy Tactical
Equity 5 – 20% 15% 15%
Fixed Income 60 – 95% 80% 81%
Cash 0 – 20% 5% 4%
ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees)
Index Plus Composite (Passive)
Gross Net
Current Quarter* 7.24% 7.14%
Blended Benchmark*,** 6.27%
Year To Date* 7.63% 7.25%
Blended Benchmark*,** 7.85%
1 Year 7.63% 7.25%
Blended Benchmark** 7.85%
3 Year -1.17% -1.53%
Blended Benchmark** -0.47%
5 Year 2.95% 2.58%
Blended Benchmark** 3.20%
10 Year 2.72% 2.35%
Blended Benchmark** 2.95%

PORTFOLIO FACTS
Index Plus (Passive)
Composite Inception Date 07/2004
No of Holdings in Portfolio 12
(Gross of Investment Management Fees, but Net of Embedded Fund Fees)
HighMark Plus Composite (Active)
2008 -9.04%
2009 15.59%
2010 8.68%
2011 2.19%
2012 8.45%
2013 3.69%
2014 3.88%
2015 0.29%
2016 4.18%
2017 6.73%
2018 -1.35%
2019 11.05%
2020 9.03%
2021 2.20%
2022 -12.63%
2023 8.81%
Index Plus Composite (Passive)
2008 -6.70%
2009 10.49%
2010 7.67%
2011 3.70%
2012 6.22%
2013 3.40%
2014 4.32%
2015 0.06%
2016 3.75%
2017 5.52%
2018 -1.09%
2019 10.37%
2020 8.56%
2021 1.97%
2022 -12.06%
2023 7.63%

HIGHMARK CAPITAL MANAGEMENT
350 California Street
Suite 1600
San Francisco, CA 94104
800-582-4734

ABOUT THE ADVISER
HighMark® Capital Management, Inc. (HighMark) has
over 100 years (including predecessor organizations) of institutional money management experience with $9.2
billion in assets under management*. HighMark has a
long term disciplined approach to money management
and currently manages assets for a wide array of
clients.

ABOUT THE PORTFOLIO MANAGEMENT TEAM
Andrew Brown, CFA®
Senior Portfolio Manager
Investment Experience: since 1994
HighMark Tenure: since 1997
Education: MBA, University of Southern California;
BA, University of Southern California
Salvatore “Tory” Milazzo III, CFA®
Senior Portfolio Manager
Investment Experience: since 2004
HighMark Tenure: since 2014
Education: BA, Colgate University
J. Keith Stribling, CFA ®
Senior Portfolio Manager
Investment Experience: since 1985
HighMark Tenure: since 1995
Education: BA, Stetson University
Christiane Tsuda
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2010
Education: BA, International Christian University, Tokyo Anne Wimmer, CFA®
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2007
Education: BA, University of California, Santa Barbara
Asset Allocation Committee
Number of Members: 10
Average Years of Experience: 29
Average Tenure (Years): 18
Manager Review Group
Number of Members: 3
Average Years of Experience: 29
Average Tenure (Years): 13
*Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. As of 6/1/2023 HighMark previously listed Assets under Advisement (“AUA”) are no longer advised by HighMark.

For Institutional Investor or Investment Professional Use Only | See Important Disclosures The performance records shown represent size-weighted composites of tax exempt accounts that meet the following criteria:

Accounts are managed by HighMark with full investment authority according to the PARS Conservative active and passive objectives.

The adviser to the PARS portfolios is U.S. Bank, and HighMark serves as sub-adviser to U.S. Bank to manage these portfolios. U.S. Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. U.S. Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with U.S. Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade- date accounting.

Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float- adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid- cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT Index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years.

The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill.

HighMark Capital Management, Inc. (HighMark) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of HighMark.

HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. Individual account management and construction will vary depending on each client's investment needs and objectives. U.S. Bank provides certain services to HighMark and is compensated for these services. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal.
350 California Street
Suite 1600
San Francisco, CA 94104
800.582.4734
www.highmarkcapital.com

HOLDINGS
STYLE
Small Cap

2.2%
Interm-Term Bond

74.3%
Mortgage Backed
Securities

7.1%
Large Cap Core

4.4%
Large Cap Growth

1.5%
Mid Cap

1.6%
Intl Stocks

2.8%
Cash

3.9%
Large Cap Value

1.8% Real Estate

0.4%
Holdings are subject to change at the
discretion of the investment manager.

HighMark Plus (Active) Index Plus (Passive)
Columbia Contrarian Core I3 iShares Core S&P 500 ETF
Vanguard Growth & Income Adm iShares S&P 500 Value ETF
Dodge & Cox Stock Fund iShares S&P 500 Growth ETF
iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF
Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF iShares S&P 500 Growth ETF iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF
Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Emerald Growth Fund-I iShares MBS ETF
DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock First American Government Obligations Z MFS International Growth - R6
Hartford Schroders Emerging Markets Eq
iShares MBS ETF
Dodge & Cox Income-I
PGIM Total Return Bond - R6
DoubleLine Core Fixed Income - I
First American Government Obligations Z
For Institutional Investor or Investment Professional Use Only | See Important Disclosures HighMark Plus (Active)
Composite Inception Date 08/2004
No of Holdings in Portfolio 19

PARS DIVERSIFIED PORTFOLIOS

MODERATELY CONSERVATIVE

INVESTMENT OBJECTIVE

ANNUAL RETURNS
ASSET ALLOCATION — MODERATELY CONSERVATIVE PORTFOLIO
Comprehensive Investment Solution
HighMark® Capital Management, Inc.’s (HighMark)
diversified investment portfolios are designed to
balance return expectations with risk tolerance.

Key features include: sophisticated asset allocation
and optimization techniques, four layers of
diversification (asset class, style, manager, and
security), access to rigorously screened, top tier
money managers, flexible investment options, and
experienced investment management.

Rigorous Manager Due Diligence
Our manager review committee utilizes a rigorous
screening process that searches for investment
managers and styles that have not only produced
above-average returns within acceptable risk
parameters, but have the resources and commitment
to continue to deliver these results. We have set high
standards for our investment managers and funds.

This is a highly specialized, time consuming
approach dedicated to one goal: competitive and
consistent performance.

Flexible Investment Options
In order to meet the unique needs of our clients,
we offer access to flexible implementation strategies:

HighMark Plus utilizes actively managed mutual
funds while Index Plus utilizes index-based
securities, including exchange-traded funds. Both
investment options leverage HighMark’s active asset
allocation approach.

Risk Management
The portfolio is constructed to control risk through
four layers of diversification – asset classes (cash,
fixed income, equity), investment styles (large cap,
small cap, international, value, growth), managers
and securities. Disciplined mutual fund selection and
monitoring process helps to drive return potential
while reducing portfolio risk.

WHY THE PARS DIVERSIFIED
MODERATELY CONSERVATIVE PORTFOLIO?
Q4 2023
* Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 - Present: 15.5% S&P500, 3% Russell Mid Cap, 4.5% Russell 2000, 2% MSCI EM (net), 4% MSCI EAFE (net), 49.25% Bloomberg US Agg, 14% ICE BofA 1- 3 Yr US Corp/Gov’t, 1.75% ICE BofA US High Yield Master II, 1% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 - 9/30/2012: the blended benchmark was 25% S&P 500; 1.5% Russell 2000, 3.5% MSCI EAFE (net), 25% ICE BofA 1-3 Year Corp./Govt, 40% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007, the blended benchmark was 30% S&P 500, 25% ICE BofA 1-3Yr Corp/Gov, 40% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill.

To provide current income, with
capital appreciation as a
secondary objective. The major
portion of the assets is committed
to income-producing securities.

Market fluctuations should be
expected.

Strategic Range Policy Tactical
Equity 20 - 40% 30% 29%
Fixed Income 50 - 80% 65% 67%
Cash 0 - 20% 5% 4%
ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees)
HighMark Plus Composite (Active)
Gross Net
Current Quarter* 8.24% 8.14%
Blended Benchmark*,** 7.52%
Year To Date* 11.05% 10.66%
Blended Benchmark*,** 10.30%
1 Year 11.05% 10.66%
Blended Benchmark** 10.30%
3 Year 0.35% -0.01%
Blended Benchmark** 0.66%
5 Year 4.95% 4.57%
Blended Benchmark** 4.94%
10 Year 4.09% 3.72%
Blended Benchmark** 4.21%
Index Plus Composite (Passive)
Gross Net
Current Quarter* 8.02% 7.93%
Blended Benchmark*,** 7.52%
Year To Date* 9.89% 9.50%
Blended Benchmark*,** 10.30%
1 Year 9.89% 9.50%
Blended Benchmark** 10.30%
3 Year 0.23% -0.13%
Blended Benchmark** 0.66%
5 Year 4.64% 4.27%
Blended Benchmark** 4.94%
10 Year 3.92% 3.55%
Blended Benchmark** 4.21%

PORTFOLIO FACTS
Index Plus (Passive)
Composite Inception Date 05/2005
No of Holdings in Portfolio 12
Efficient Frontier
Risk (Standard Deviation)
Reward (Rate of Return)
Conservative
Moderately Conservative
Moderate
Capital Appreciation
Balanced
(Gross of Investment Management Fees, but Net of Embedded Fund Fees)
HighMark Plus Composite (Active)
2008 -15.37%
2009 18.71%
2010 10.46%
2011 1.75%
2012 10.88%
2013 7.30%
2014 4.41%
2015 0.32%
2016 4.94%
2017 9.56%
2018 -2.60%
2019 13.73%
2020 10.76%
2021 5.15%
2022 -13.46%
2023 11.05%
Index Plus Composite (Passive)
2008 -12.40%
2009 11.92%
2010 9.72%
2011 3.24%
2012 8.24%
2013 6.78%
2014 5.40%
2015 -0.18%
2016 5.42%
2017 8.08%
2018 -2.33%
2019 13.53%
2020 9.74%
2021 5.33%
2022 -13.00%
2023 9.89%

HIGHMARK CAPITAL MANAGEMENT
350 California Street
Suite 1600
San Francisco, CA 94104
800-582-4734

ABOUT THE ADVISER
HighMark® Capital Management, Inc. (HighMark) has
over 100 years (including predecessor organizations) of institutional money management experience with $9.2
billion in assets under management*. HighMark has a
long term disciplined approach to money management
and currently manages assets for a wide array of
clients.

ABOUT THE PORTFOLIO MANAGEMENT TEAM
Andrew Brown, CFA®
Senior Portfolio Manager
Investment Experience: since 1994
HighMark Tenure: since 1997
Education: MBA, University of Southern California;
BA, University of Southern California
Salvatore “Tory” Milazzo III, CFA®
Senior Portfolio Manager
Investment Experience: since 2004
HighMark Tenure: since 2014
Education: BA, Colgate University
J. Keith Stribling, CFA®
Senior Portfolio Manager
Investment Experience: since 1985
HighMark Tenure: since 1995
Education: BA, Stetson University
Christiane Tsuda
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2010
Education: BA, International Christian University, Tokyo Anne Wimmer, CFA®
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2007
Education: BA, University of California, Santa Barbara
Asset Allocation Committee
Number of Members: 10
Average Years of Experience: 29
Average Tenure (Years): 18
Manager Review Group
Number of Members: 3
Average Years of Experience: 29
Average Tenure (Years): 13
*Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. As of 6/1/2023 HighMark previously listed Assets under Advisement (“AUA”) are no longer advised by HighMark.

For Institutional Investor or Investment Professional Use Only | See Important Disclosures The performance records shown represent a size-weighted composite of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Moderately Conservative active and passive objectives.

The adviser to the PARS portfolios is U.S. Bank, and HighMark serves as sub-adviser to U.S. Bank to manage these portfolios. U.S. Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. U.S. Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with U.S. Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees).

Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting.

Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S.

Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill.

HighMark Capital Management, Inc. (HighMark) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of HighMark. HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. Individual account management and construction will vary depending on each client's investment needs and objectives. U.S. Bank provides certain services to HighMark and is compensated for these services. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street
Suite 1600
San Francisco, CA 94104
800.582.4734
www.highmarkcapital.com

HOLDINGS
STYLE
Small Cap 4.0%
Interm-Term Bond

61.0%
Mortgage Backed
Securities 5.9%
Large Cap Core

8.5%
Large Cap Growth

3.2%
Mid Cap 3.3%
Intl Stocks 5.9%
Cash 3.7%
Large Cap Value

3.6%
Real Estate 0.9%
Holdings are subject to change at the
discretion of the investment manager.

HighMark Plus (Active) Index Plus (Passive)
Columbia Contrarian Core I3 iShares Core S&P 500 ETF
Vanguard Growth & Income Adm iShares S&P 500 Value ETF
Dodge & Cox Stock Fund iShares S&P 500 Growth ETF
iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF
Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF iShares S&P 500 Growth ETF iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF
Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Emerald Growth Fund-I iShares MBS ETF
DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock First American Government Obligations Z MFS International Growth - R6
Hartford Schroders Emerging Markets Eq
iShares MBS ETF
Dodge & Cox Income-I
PGIM Total Return Bond - R6
DoubleLine Core Fixed Income - I
First American Government Obligations Z
For Institutional Investor or Investment Professional Use Only | See Important Disclosures

PARS DIVERSIFIED PORTFOLIOS

MODERATE

INVESTMENT OBJECTIVE

ANNUAL RETURNS
ASSET ALLOCATION — MODERATE PORTFOLIO
Comprehensive Investment Solution
HighMark® Capital Management, Inc.’s (HighMark)
diversified investment portfolios are designed to
balance return expectations with risk tolerance.

Key features include: sophisticated asset allocation
and optimization techniques, four layers of
diversification (asset class, style, manager, and
security), access to rigorously screened, top tier
money managers, flexible investment options, and
experienced investment management.

Rigorous Manager Due Diligence
Our manager review committee utilizes a rigorous
screening process that searches for investment
managers and styles that have not only produced
above-average returns within acceptable risk
parameters, but have the resources and commitment
to continue to deliver these results. We have set high
standards for our investment managers and funds.

This is a highly specialized, time consuming
approach dedicated to one goal: competitive and
consistent performance.

Flexible Investment Options
In order to meet the unique needs of our clients,
we offer access to flexible implementation strategies:

HighMark Plus utilizes actively managed mutual
funds while Index Plus utilizes index-based
securities, including exchange-traded funds. Both
investment options leverage HighMark’s active asset
allocation approach.

Risk Management
The portfolio is constructed to control risk through
four layers of diversification – asset classes (cash,
fixed income, equity), investment styles (large cap,
small cap, international, value, growth), managers
and securities. Disciplined mutual fund selection and
monitoring process helps to drive return potential
while reducing portfolio risk.

WHY THE PARS DIVERSIFIED
MODERATE PORTFOLIO?
Q4 2023
* Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 – Present: 26.5% S&P500, 5% Russell Mid Cap, 7.5% Russell 2000, 3.25% MSCI EM (net), 6% MSCI EAFE (net), 33.50% Bloomberg US Agg, 10% ICE BofA 1-3 Yr US Corp/Gov’t, 1.50% ICE BofA US High Yield Master II, 1.75% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 – 9/30/2012: the blended benchmark was 43% S&P 500; 2% Russell 2000, 5% MSCI EAFE (net), 15% ICE BofA 1-3 Year Corp./Govt, 30% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007: the blended benchmark was 50% S&P 500, 15% ICE BofA 1- 3Yr Corp/Gov, 30% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill.

To provide current income and
moderate capital appreciation.

It is expected that dividend and
interest income will comprise a
significant portion of total return,
although growth through capital
appreciation is equally important.

Strategic Range Policy Tactical
Equity 40 - 60% 50% 49%
Fixed Income 40 - 60% 45% 48%
Cash 0 - 20% 5% 3%
ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees)
Index Plus Composite (Passive)
Gross Net
Current Quarter* 9.01% 8.91%
Blended Benchmark*,** 8.72%
Year To Date* 12.74% 12.33%
Blended Benchmark*,** 13.56%
1 Year 12.74% 12.33%
Blended Benchmark** 13.56%
3 Year 2.14% 1.77%
Blended Benchmark** 2.58%
5 Year 6.85% 6.47%
Blended Benchmark** 7.31%
10 Year 5.34% 4.96%
Blended Benchmark** 5.82%

PORTFOLIO FACTS
HighMark Plus (Active)
Composite Inception Date 10/2004
No of Holdings in Portfolio 19
Index Plus (Passive)
Composite Inception Date 05/2006
No of Holdings in Portfolio 12
Efficient Frontier
Risk (Standard Deviation)
Reward (Rate of Return)
Conservative
Moderately Conservative
Moderate
Capital Appreciation
Balanced
(Gross of Investment Management Fees, but Net of Embedded Fund Fees)
HighMark Plus Composite (Active)
2008 -22.88%
2009 21.47%
2010 12.42%
2011 0.55%
2012 12.25%
2013 13.06%
2014 4.84%
2015 0.14%
2016 6.45%
2017 13.19%
2018 -4.03%
2019 17.71%
2020 12.92%
2021 9.31%
2022 -14.63%
2023 13.98%
Index Plus Composite (Passive)
2008 -18.14%
2009 16.05%
2010 11.77%
2011 2.29%
2012 10.91%
2013 12.79%
2014 5.72%
2015 -0.52%
2016 7.23%
2017 11.59%
2018 -4.03%
2019 17.52%
2020 11.23%
2021 10.18%
2022 -14.21%
2023 12.74%
HighMark Plus Composite (Active)
Gross Net
Current Quarter* 9.28% 9.18%
Blended Benchmark*,** 8.72%
Year To Date* 13.98% 13.57%
Blended Benchmark*,** 13.56%
1 Year 13.98% 13.57%
Blended Benchmark** 13.56%
3 Year 2.08% 1.71%
Blended Benchmark** 2.58%
5 Year 7.17% 6.79%
Blended Benchmark** 7.31%
10 Year 5.55% 5.17%
Blended Benchmark** 5.82%

HIGHMARK CAPITAL MANAGEMENT
350 California Street
Suite 1600
San Francisco, CA 94104
800-582-4734

ABOUT THE ADVISER
HighMark® Capital Management, Inc. (HighMark) has
over 100 years (including predecessor organizations) of institutional money management experience with $9.2
billion in assets under management*. HighMark has a
long term disciplined approach to money management
and currently manages assets for a wide array of
clients.

ABOUT THE PORTFOLIO MANAGEMENT TEAM
Andrew Brown, CFA®
Senior Portfolio Manager
Investment Experience: since 1994
HighMark Tenure: since 1997
Education: MBA, University of Southern California;
BA, University of Southern California
Salvatore “Tory” Milazzo III, CFA®
Senior Portfolio Manager
Investment Experience: since 2004
HighMark Tenure: since 2014
Education: BA, Colgate University
J. Keith Stribling, CFA®
Senior Portfolio Manager
Investment Experience: since 1985
HighMark Tenure: since 1995
Education: BA, Stetson University
Christiane Tsuda
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2010
Education: BA, International Christian University, Tokyo Anne Wimmer, CFA®
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2007
Education: BA, University of California, Santa Barbara
Asset Allocation Committee
Number of Members: 10
Average Years of Experience: 29
Average Tenure (Years): 18
Manager Review Group
Number of Members: 3
Average Years of Experience: 29
Average Tenure (Years): 13
*Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. As of 6/1/2023 HighMark previously listed Assets under Advisement (“AUA”) are no longer advised by HighMark.

For Institutional Investor or Investment Professional Use Only | See Important Disclosures The performance records shown represent size-weighted composites of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Moderate active and passive objectives.

The adviser to the PARS portfolios is U.S. Bank, and HighMark serves as sub-adviser to U.S. Bank to manage these portfolios. U.S. Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. U.S. Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with U.S. Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting.

Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1- month U.S. Treasury Bill.

HighMark Capital Management, Inc. (HighMark) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of HighMark. HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. Individual account management and construction will vary depending on each client's investment needs and objectives. U.S. Bank provides certain services to HighMark and is compensated for these services. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street
Suite 1600
San Francisco, CA 94104
800.582.4734
www.highmarkcapital.com

HOLDINGS
STYLE
Small Cap

6.6%
Interm-Term Bond

43.4%
Mortgage Backed Securities

4.2%
Large Cap Core

14.6%
Large Cap Growth

5.4%
Mid Cap

5.4%
Intl Stocks

9.4%
Cash

3.2%
Large Cap Value

6.2%
Real Estate

1.6%
Holdings are subject to change at the
discretion of the investment manager.

HighMark Plus (Active) Index Plus (Passive)
Columbia Contrarian Core I3 iShares Core S&P 500 ETF
Vanguard Growth & Income Adm iShares S&P 500 Value ETF
Dodge & Cox Stock Fund iShares S&P 500 Growth ETF
iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF
Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF iShares S&P 500 Growth ETF iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF
Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Emerald Growth Fund-I iShares MBS ETF
DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock First American Government Obligations Z MFS International Growth - R6
Hartford Schroders Emerging Markets Eq
iShares MBS ETF
Dodge & Cox Income-I
PGIM Total Return Bond - R6
DoubleLine Core Fixed Income - I
First American Government Obligations Z
For Institutional Investor or Investment Professional Use Only | See Important Disclosures HighMark Plus (Active)
Composite Inception Date 10/2006
No of Holdings in Portfolio 19

PARS DIVERSIFIED PORTFOLIOS

BALANCED

INVESTMENT OBJECTIVE

ANNUAL RETURNS
ASSET ALLOCATION — BALANCED PORTFOLIO
Comprehensive Investment Solution
HighMark® Capital Management, Inc.’s (HighMark)
diversified investment portfolios are designed to
balance return expectations with risk tolerance.

Key features include: sophisticated asset allocation
and optimization techniques, four layers of
diversification (asset class, style, manager, and
security), access to rigorously screened, top tier
money managers, flexible investment options, and
experienced investment management.

Rigorous Manager Due Diligence
Our manager review committee utilizes a rigorous
screening process that searches for investment
managers and styles that have not only produced
above-average returns within acceptable risk
parameters, but have the resources and commitment
to continue to deliver these results. We have set high
standards for our investment managers and funds.

This is a highly specialized, time consuming
approach dedicated to one goal: competitive and
consistent performance.

Flexible Investment Options
In order to meet the unique needs of our clients,
we offer access to flexible implementation strategies:

HighMark Plus utilizes actively managed mutual
funds while Index Plus utilizes index-based
securities, including exchange-traded funds. Both
investment options leverage HighMark’s active asset
allocation approach.

Risk Management
The portfolio is constructed to control risk through
four layers of diversification – asset classes (cash,
fixed income, equity), investment styles (large cap,
small cap, international, value, growth), managers
and securities. Disciplined mutual fund selection and
monitoring process helps to drive return potential
while reducing portfolio risk.

WHY THE PARS DIVERSIFIED
BALANCED PORTFOLIO?
Q4 2023
* Returns less than one year are not annualized. **Breakdown for Blended Benchmark: From 10/1/2012 – Present: 32% S&P500, 6% Russell Mid Cap, 9% Russell 2000, 4% MSCI EM (net), 7% MSCI EAFE (net), 27% Bloomberg US Agg, 6.75% ICE BofA 1-3 Yr US Corp/Gov’t, 1.25% ICE BofA US High Yield Master II, 2% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill. From 4/1/2007 – 9/30/2012:
the blended benchmark was 51% S&P 500; 3% Russell 2000, 6% MSCI EAFE (net), 5% ICE BofA 1-3 Year Corp./Govt, 30% Bloomberg US Agg, 5% FTSE 1 Mth US T-Bill. Prior to April 2007: the blended benchmark was 60% S&P 500, 5% ICE BofA 1-3Yr Corp/Gov, 30% Bloomberg US Agg, and 5% FTSE 1 Mth US T-Bill.

To provide growth of principal and
income. While dividend and
interest income are an important
component of the objective’s
total return, it is expected that
capital appreciation will comprise
a larger portion of the total return.

Strategic Range Policy Tactical
Equity 50 – 70% 60% 59%
Fixed Income 30 – 50% 35% 38%
Cash 0 – 20% 5% 3%
ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees)
HighMark Plus Composite (Active)
Gross Net
Current Quarter* 9.84% 9.75%
Blended Benchmark*,** 9.36%
Year To Date* 15.39% 14.98%
Blended Benchmark*,** 15.19%
1 Year 15.39% 14.98%
Blended Benchmark** 15.19%
3 Year 2.89% 2.53%
Blended Benchmark** 3.46%
5 Year 8.25% 7.86%
Blended Benchmark** 8.45%
10 Year 6.21% 5.83%
Blended Benchmark** 6.61%
Index Plus Composite (Passive)
Gross Net
Current Quarter* 9.60% 9.50%
Blended Benchmark*,** 9.36%
Year To Date* 14.31% 13.91%
Blended Benchmark*,** 15.19%
1 Year 14.31% 13.91%
Blended Benchmark** 15.19%
3 Year 3.06% 2.69%
Blended Benchmark** 3.46%
5 Year 7.97% 7.58%
Blended Benchmark** 8.45%
10 Year 6.05% 5.67%
Blended Benchmark** 6.61%

PORTFOLIO FACTS
Index Plus (Passive)
Composite Inception Date 10/2007
No of Holdings in Portfolio 12
Efficient Frontier
Risk (Standard Deviation)
Reward (Rate of Return)
Conservative
Moderately Conservative
Moderate
Capital Appreciation
Balanced
(Gross of Investment Management Fees, but Net of Embedded Fund Fees)
HighMark Plus Composite (Active)
2008 -25.72%
2009 21.36%
2010 14.11%
2011 -0.46%
2012 13.25%
2013 16.61%
2014 4.70%
2015 0.04%
2016 6.81%
2017 15.46%
2018 -4.88%
2019 19.85%
2020 13.85%
2021 11.44%
2022 -15.28%
2023 15.39%
Index Plus Composite (Passive)
2008 -23.22%
2009 17.62%
2010 12.76%
2011 1.60%
2012 11.93%
2013 15.63%
2014 6.08%
2015 -0.81%
2016 8.26%
2017 13.39%
2018 -5.05%
2019 19.59%
2020 12.07%
2021 12.63%
2022 -14.97%
2023 14.31%

HIGHMARK CAPITAL MANAGEMENT
350 California Street
Suite 1600
San Francisco, CA 94104
800-582-4734

ABOUT THE ADVISER
HighMark® Capital Management, Inc. (HighMark) has
over 100 years (including predecessor organizations) of institutional money management experience with $9.2
billion in assets under management*. HighMark has a
long term disciplined approach to money management
and currently manages assets for a wide array of
clients.

ABOUT THE PORTFOLIO MANAGEMENT TEAM
Andrew Brown, CFA®
Senior Portfolio Manager
Investment Experience: since 1994
HighMark Tenure: since 1997
Education: MBA, University of Southern California;
BA, University of Southern California
Salvatore “Tory” Milazzo III, CFA®
Senior Portfolio Manager
Investment Experience: since 2004
HighMark Tenure: since 2014
Education: BA, Colgate University
J. Keith Stribling, CFA®
Senior Portfolio Manager
Investment Experience: since 1985
HighMark Tenure: since 1995
Education: BA, Stetson University
Christiane Tsuda
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2010
Education: BA, International Christian University, Tokyo Anne Wimmer, CFA®
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2007
Education: BA, University of California, Santa Barbara
Asset Allocation Committee
Number of Members: 10
Average Years of Experience: 29
Average Tenure (Years): 18
Manager Review Group
Number of Members: 3
Average Years of Experience: 29
Average Tenure (Years): 13
*Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. As of 6/1/2023 HighMark previously listed Assets under Advisement (“AUA”) are no longer advised by HighMark.

For Institutional Investor or Investment Professional Use Only | See Important Disclosures The performance records shown represent size-weighted composites of tax exempt accounts that meet the following criteria:

Accounts are managed by HighMark with full investment authority according to the PARS Balanced active and passive objectives.

The composite name has been changed from PARS Balanced/Moderately Aggressive to PARS Balanced on 5/1/2013. The adviser to the PARS portfolios is U.S. Bank, and HighMark serves as sub-adviser to U.S. Bank to manage these portfolios.

U.S. Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. U.S. Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with U.S. Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub- advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request.

Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting.

Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free floatadjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the midcap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years.

The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill.

HighMark Capital Management, Inc. (HighMark) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of HighMark.

HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. Individual account management and construction will vary depending on each client's investment needs and objectives. U.S. Bank provides certain services to HighMark and is compensated for these services. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal.
350 California Street
Suite 1600
San Francisco, CA 94104
800.582.4734
www.highmarkcapital.com

HOLDINGS
STYLE
Small Cap

7.9%
Interm-Term Bond

34.3%
Mortgage Backed Securities
Large Cap Core 3.3%

17.8%
Large Cap Growth

6.5%
Mid Cap

6.5%
Intl Stocks

11.1%
Cash

3.3%
Large Cap Value

7.5%
Real Estate

1.8%
Holdings are subject to change at the
discretion of the investment manager.

HighMark Plus (Active) Index Plus (Passive)
Columbia Contrarian Core I3 iShares Core S&P 500 ETF
Vanguard Growth & Income Adm iShares S&P 500 Value ETF
Dodge & Cox Stock Fund iShares S&P 500 Growth ETF
iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF
Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF iShares S&P 500 Growth ETF iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF
Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Emerald Growth Fund-I iShares MBS ETF
DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock First American Government Obligations Z MFS International Growth - R6
Hartford Schroders Emerging Markets Eq
iShares MBS ETF
Dodge & Cox Income-I
PGIM Total Return Bond - R6
DoubleLine Core Fixed Income - I
First American Government Obligations Z
For Institutional Investor or Investment Professional Use Only | See Important Disclosures

PARS DIVERSIFIED PORTFOLIOS

CAPITAL APPRECIATION

INVESTMENT OBJECTIVE

ANNUAL RETURNS
ASSET ALLOCATION — CAPITAL APPRECIATION PORTFOLIO
Comprehensive Investment Solution
HighMark® Capital Management, Inc.’s (HighMark)
diversified investment portfolios are designed to
balance return expectations with risk tolerance.

Key features include: sophisticated asset allocation
and optimization techniques, four layers of
diversification (asset class, style, manager, and
security), access to rigorously screened, top tier
money managers, flexible investment options, and
experienced investment management.

Rigorous Manager Due Diligence
Our manager review committee utilizes a rigorous
screening process that searches for investment
managers and styles that have not only produced
above-average returns within acceptable risk
parameters, but have the resources and commitment
to continue to deliver these results. We have set high
standards for our investment managers and funds.

This is a highly specialized, time consuming
approach dedicated to one goal: competitive and
consistent performance.

Flexible Investment Options
In order to meet the unique needs of our clients,
we offer access to flexible implementation strategies:

HighMark Plus utilizes actively managed mutual
funds while Index Plus utilizes index-based
securities, including exchange-traded funds. Both
investment options leverage HighMark’s active asset
allocation approach.

Risk Management
The portfolio is constructed to control risk through
four layers of diversification – asset classes (cash,
fixed income, equity), investment styles (large cap,
small cap, international, value, growth), managers
and securities. Disciplined mutual fund selection and
monitoring process helps to drive return potential
while reducing portfolio risk.

WHY THE PARS DIVERSIFIED
CAPITAL APPRECIATION PORTFOLIO?
Q4 2023
* Returns less than one year are not annualized. **Breakdown for Blended Benchmark: 39.5% S&P500, 7.5% Russell Mid Cap,

10.5% Russell 2000, 5.25% MSCI EM (net), 10.25% MSCI EAFE (net), 16% Bloomberg US Agg, 3% ICE BofA 1-3 Yr US Corp/Gov’t, 1% ICE BofA US High Yield Master II, 2% Wilshire REIT, and 5% FTSE 1 Mth US T-Bill.

To provide growth of principal.

The major portion of the assets
are invested in equity securities
and market fluctuations are
expected.

Strategic Range Policy Tactical
Equity 65 - 85% 75% 74%
Fixed Income 10 - 30% 20% 22%
Cash 0 - 20% 5% 4%
ANNUALIZED TOTAL RETURNS (Gross of Investment Management Fees, but Net of Embedded Fund Fees)
Consolidated Composite
Gross Net
Current Quarter* 10.40% 10.30%
Blended Benchmark*,** 10.22%
Year To Date* 17.32% 16.91%
Blended Benchmark*,** 17.62%
1 Year 17.32% 16.91%
Blended Benchmark** 17.62%
3 Year 4.22% 3.84%
Blended Benchmark** 4.74%
5 Year 9.71% 9.32%
Blended Benchmark** 10.05%
10 Year 7.23% 6.85%
Blended Benchmark** 7.64%

PORTFOLIO FACTS
Consolidated Composite
Composite Inception Date 01/2009
No of Holdings in Portfolio 19
Efficient Frontier
Risk (Standard Deviation)
Reward (Rate of Return)
Conservative
Moderately Conservative
Moderate
Capital Appreciation
Balanced
(Gross of Investment Management Fees, but Net of Embedded Fund Fees)
Consolidated Composite
2008 N/A
2009 23.77%
2010 12.95%
2011 -1.35%
2012 13.87%
2013 20.33%
2014 6.05%
2015 -0.26%
2016 8.79%
2017 16.72%
2018 -5.82%
2019 22.62%
2020 14.50%
2021 14.96%
2022 -16.08%
2023 17.32%

HIGHMARK CAPITAL MANAGEMENT
350 California Street
Suite 1600
San Francisco, CA 94104
800-582-4734

ABOUT THE ADVISER
HighMark® Capital Management, Inc. (HighMark) has
over 100 years (including predecessor organizations) of institutional money management experience with $9.2
billion in assets under management*. HighMark has a
long term disciplined approach to money management
and currently manages assets for a wide array of
clients.

ABOUT THE PORTFOLIO MANAGEMENT TEAM
Andrew Brown, CFA®
Senior Portfolio Manager
Investment Experience: since 1994
HighMark Tenure: since 1997
Education: MBA, University of Southern California;
BA, University of Southern California
Salvatore “Tory” Milazzo III, CFA®
Senior Portfolio Manager
Investment Experience: since 2004
HighMark Tenure: since 2014
Education: BA, Colgate University
J. Keith Stribling, CFA®
Senior Portfolio Manager
Investment Experience: since 1985
HighMark Tenure: since 1995
Education: BA, Stetson University
Christiane Tsuda
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2010
Education: BA, International Christian University, Tokyo Anne Wimmer, CFA®
Senior Portfolio Manager
Investment Experience: since 1987
HighMark Tenure: since 2007
Education: BA, University of California, Santa Barbara
Asset Allocation Committee
Number of Members: 10
Average Years of Experience: 29
Average Tenure (Years): 18
Manager Review Group
Number of Members: 3
Average Years of Experience: 29
Average Tenure (Years): 13
*Assets under management (“AUM”) include assets for which HighMark provides continuous and regular supervisory and management services. As of 6/1/2023 HighMark previously listed Assets under Advisement (“AUA”) are no longer advised by HighMark.

For Institutional Investor or Investment Professional Use Only | See Important Disclosures The performance records shown represent a size-weighted composite of tax exempt accounts that meet the following criteria: Accounts are managed by HighMark with full investment authority according to the PARS Capital Appreciation active and passive objectives.

The adviser to the PARS portfolios is U.S. Bank, and HighMark serves as sub-adviser to U.S. Bank to manage these portfolios. U.S. Bank may charge clients as much as 0.60% annual management fee based on a sliding scale. U.S. Bank pays HighMark 60% of the annual management fee for assets sub-advised by HighMark under its sub-advisory agreement with U.S. Bank. The 0.36% paid to HighMark, as well as other expenses that may be incurred in the management of the portfolio, will reduce the portfolio’s returns. Assuming an investment for five years, a 5% annual total return, and an annual sub-advisory fee rate of 0.36% deducted from the assets at market at the end of each year, a $10 million initial value would grow to $12.53 million after fees (Net-of-Fees) and $12.76 million before fees (Gross-of-Fees). Gross returns are presented before management and custodial fees but after all trading expenses and reflect the reinvestment of dividends and other income. A client's return will be reduced by the advisory fees and other expenses it may incur as a client. Additional information regarding the firm’s policies and procedures for calculating and reporting performance results is available upon request. Performance results are calculated and presented in U.S. dollars and do not reflect the deduction of investment advisory fees, custody fees, or taxes but do reflect the deduction of trading expenses. Returns are calculated based on trade-date accounting.

Blended benchmarks represent HighMark’s strategic allocations between equity, fixed income, and cash and are rebalanced monthly. Benchmark returns do not reflect the deduction of advisory fees or other expenses of investing but assumes the reinvestment of dividends and other earnings. An investor cannot invest directly in an index. The unmanaged S&P 500 Index is representative of the performance of large companies in the U.S. stock market. The MSCI EAFE Index is a free float-adjusted market capitalization index designed to measure developed market equity performance, excluding the U.S. and Canada. The MSCI Emerging Markets Index is a free float-adjusted market capitalization index that is designed to measure equity market performance in the global emerging markets. The Russell Midcap Index measures the performance of the mid-cap segment of the U.S. equity universe. The Russell 2000 Index measures the performance of the small-cap segment of the U.S. equity universe. The ICE BofA U.S. High Yield Master II Index tracks the performance of below investment grade U.S. dollar-denominated corporate bonds publicly issued in the U.S. domestic market. Wilshire REIT index measures U.S. publicly traded Real Estate Investment Trusts. The unmanaged Bloomberg U.S. Aggregate Bond Index is generally representative of the U.S. taxable bond market as a whole. The ICE BofA 1-3 Year U.S. Corporate & Government Index tracks the bond performance of the ICE BofA U.S. Corporate & Government Index, with a remaining term to final maturity less than 3 years. The unmanaged FTSE 1-Month U.S. Treasury Bill Index tracks the yield of the 1-month U.S. Treasury Bill.

HighMark Capital Management, Inc. (HighMark) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of HighMark. HighMark manages institutional separate account portfolios for a wide variety of for-profit and nonprofit organizations, public agencies, and public and private retirement plans. Individual account management and construction will vary depending on each client's investment needs and objectives. U.S. Bank provides certain services to HighMark and is compensated for these services. Investments employing HighMark strategies are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. 350 California Street
Suite 1600
San Francisco, CA 94104
800.582.4734
www.highmarkcapital.com

HOLDINGS
STYLE
Small Cap

9.6%
Interm-Term Bond

20.3%
Mortgage Backed
Securities

2.0%
Large Cap Core

22.3%
Large Cap Growth

8.0%
Mid Cap

8.0%
Intl Stocks

14.6%
Cash

3.9%
Large Cap Value

9.2%
Real Estate

2.1%
Holdings are subject to change at the
discretion of the investment manager.

HighMark Plus (Active) Index Plus (Passive)
Columbia Contrarian Core I3 iShares Core S&P 500 ETF
Vanguard Growth & Income Adm iShares S&P 500 Value ETF
Dodge & Cox Stock Fund iShares S&P 500 Growth ETF
iShares S&P 500 Value ETF iShares Russell Mid-Cap ETF
Harbor Capital Appreciation - Retirement Vanguard Real Estate ETF iShares S&P 500 Growth ETF iShares Russell 2000 Value ETF iShares Russell Mid-Cap ETF iShares Russell 2000 Growth ETF Vanguard Real Estate ETF iShares Core MSCI EAFE ETF
Undiscovered Managers Behavioral Value-R6 Vanguard FTSE Emerging Markets ETF Emerald Growth Fund-I iShares MBS ETF
DFA Large Cap International Portfolio iShares Core U.S. Aggregate Dodge & Cox International Stock First American Government Obligations Z MFS International Growth - R6
Hartford Schroders Emerging Markets Eq
iShares MBS ETF
Dodge & Cox Income-I
PGIM Total Return Bond - R6
DoubleLine Core Fixed Income - I
First American Government Obligations Z
City of Brea
City Council Regular Meeting Communication
Authorize Purchasing Agent or Designee to Issue a Purchase Order with KI to Replace Facility Rental Chairs at the Brea Community Center
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5D
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Authorize Purchasing Agent or Designee to issue a Purchase Order with KI to purchase 500 chairs with a not-to-exceed amount of $120,553 for Facility Reservations at the Brea Community Center.

BACKGROUND/DISCUSSION
The Community Center Replacement Fund (181) was established by City Council in 1997 as a method of retaining funds for future infrastructure and equipment replacements at the Brea Community Center (BCC). There is $167,000 currently transferred from the General Fund to this fund annually. No funds were used for the first ten years the fund existed. The available balance as of Fiscal Year 2022-23 is $1,046,641, which includes capital and equipment reserves. These funds ensure the facility remains in optimal condition, which is of utmost importance since the BCC is the face of the City to many people with just over 450,000 annual visitors.

Community Services staff annually partners with Public Works’ Building Division staff to verify needs, projects, and associated costs. As project estimates are put together, sometimes there is a need to carry over monies into the next fiscal year due to projects not getting completed. Due to the high volume of rentals, and the use of the chairs in the program, quite a few chairs are broken and unfortunately, the same chair is no longer available to replace the current inventory.

Depending on use, the replacement cycle of the facility chairs is typically 12 to 15 years. The current chairs are estimated to be 12 years old.

Staff researched several vendor options for chair replacement and due to durability, warranty, storage limitations and past experience, staff recommended purchasing the chairs through KI who specializes in commercial furniture. KI has a California Multiple Award Schedule (CMAS) contract to sell to California state and local government agencies using the most competitive pricing available. This would be a “sole-source” procurement to maintain a similar style and look to the existing chairs as the facility has rental clients with confirmed reservations up to 18 months in advance. These booked clients are already in the planning stages based on the aesthetic of the existing banquet chairs. The KI CMAS contract has a cooperative pricing agreement and has provided quality tables and chairs to the Community Center since its opening in 1996. For example, the commercial list price of each chair is $440 and with the CMAS contract, KI’s price is $172, exclusive of rolling storage carts.

The existing chairs that are in good shape from the Community Center will be re-purposed and moved to the Civic and Cultural Center to replace broken chairs at that facility. KI has a lifetime warranty on their chairs as long as the same chair is still manufactured. The warranty, which runs from the date of manufacture, covers defects in materials and craftsmanship found during normal usage of the products during the warranty period.

Attachments
KI Banquet and Cafe Chairs Quote .pdf
In order to pay for the new chairs, several projects came in under budget and one project is no longer a priority. These projects are outlined below. Staff would like to address the immediate need to replace 500 chairs at the Community Center that are used for various events held throughout the year. The Facilities program generates approximately $700,000 in revenue and it is important to have fully functional equipment for the rental needs. As part of the budget process, the City Council approved a $115,000 decision package to replace ADA tiles outside of the Community Center in the west parking lot and south driveway. Fortunately, the work to replace broken tiles was just completed in mid-April for a total cost of $45,500, which left $69,500 of available funds to re-allocate to another project.

In addition, City Council approved a $45,000 decision package to have a glass wall installed in the café area of the Community Center to serve as more program space for the After School and Day Camp programs. This would provide a safe and more secure meeting area for the children in these programs. With the Brea Resource Center relocating to the Civic and Cultural Center last spring, staff is reviewing options to combine the two staffing areas and utilize the open space for the youth program area, resulting in canceling the glass wall project. Lastly, City Council approved a $20,000 decision package to replace tables and chairs, which $6,053 will be used towards this purchase. Here’s a breakdown of the available balances that can be reallocated for the purchase of the 500 chairs:

COMMISSION/COMMITTEE RECOMMENDATION
This Staff Report was reviewed by the Finance Committee on April 30, 2024, and recommended for approval.

SUMMARY/FISCAL IMPACT
The purchase of the 500 chairs and related costs with KI is not-to-exceed $120,553 and would be funded from available fund balance from the Community Center Replacement Fund (181). No additional appropriation is needed and there is no General Fund impact.

RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Sean L. Matlock, Deputy Director of Community Services and Nicole Andrews, Community Services Supervisor
Concurrence: Chris Emeterio, Assistant City Manager
Project Approved Budget Spent/Encumbered Available Balance ADA Tile Replacement $115,000 $45,500 $69,500
Café Glass Wall for Youth Programming $45,000 Project Cancelled $45,000 Tables/Chair Replacement $20,000 $13,947 $6,053
Total Available Balance $120,55
City of Brea: Banquet and Cafe Chairs
CREATED 3/19/2024 | REVISED 4/10/2024 | Valid Through 6/10/2024 QUOTATION:24CKB-686074/C
PRODUCT TOTALS $96,780.00
See Quote Detail Summary $23,772.62
GRAND TOTAL $120,552.62
Requested Delivery Date: To be Determined
KI is pleased to present the enclosed
quotation. The following items are
included:
• Quote
• Summary
• Itemized Quote
• Detailed PO requirements
• Product Options
Sales Team:

Jeremy Redman
Sales Specialist
[email protected]
(562) 773 4082
Claire Schabow
Inside Sales Specialist
[email protected]
(920) 468-2634
City of Brea: Banquet and Cafe Chairs
Quote Number: 24CKB-686074/C
CREATED 3/19/2024 | REVISED 4/10/2024 | Valid Through 6/10/2024 Client Notes:

All fabrics, finishes, laminates and trims need to be specified to place order.

Changes in fabrics, finishes and quantities may affect pricing.

Freight included. Installation included.

Pricing is based on CMAS.

Please submit PO directly to [email protected]
Ship To
City of Brea
Attn: Community Services
695 E. Madison Way
Brea, CA 92821
Installation
bluespace interiors
2840 N. Lima #110
Burbank, CA 91504
Vendor # 39085
Sold To
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
P. (714) 990-7708 F. (714) 671-3680
Customer # 41169
End User
City of Brea
1 Civic Center Circle
Brea, CA 92821-5732
P. (714) 990-7708 F. (714) 671-3680
Page: 1 of 3
CREATED 3/19/2024
VALID THROUGH 6/10/2024
Prepared By Claire Schabow
Quote Filename City of Brea: Banquet and Cafe Chairs - 24CKB-686074/C Line Model Qty. List Price Extended
List Price
Discount
Percent Sell Price Extended Total TBD Options

1.2 SSNAUB Strive Sled Base Armless Chair,Uph Seat/Back 500 $172.00 $86,000.00 0.000 $172.00 $86,000.00 Upholstery Grade/Color Compliance to TB 117-2013 /NFR
Upholstery Grade/Color Pallas Fabric Group P0 GRPP0
P0 Fabric ROGUE ROGUE
ROGUE ACE-BACKED /27.310.091.B.P
Frame Color Starlight Silver Metallic /SX
Glide Option Non-skid glides /NS
Poly Seat & Back Color No Fire Retardant -NFR
Poly Seat & Back Color Black /PBL
Price Description: GSA/Contract
Lead Time: 3 - 5 Weeks; Ships from GREEN BAY, WI
Please Note: Leadtime calculated on 4/10/2024 and is subject to change.

1.3 SCDA.BL Strive Chair Transport Dolly 55 $196.00 $10,780.00 0.000 $196.00 $10,780.00 Price Description: GSA/Contract
Lead Time: 2 - 4 Weeks; Ships from GREEN BAY, WI
Please Note: Leadtime calculated on 4/10/2024 and is subject to change.

WorkGroup Product Subtotal $96,780.00

Quote Summary
Product SubTotal: $96,780.00
This project is exempt from product surcharges because of GSA pricing. $0.00 Full Installation $14,989.00
Estimated Sales Tax 7.7500%: $8,783.62
Quote Total: $120,552.62
NOTES:
• Images shown above are intended for approximate visual reference only and may not represent the exact models, numbers, descriptions or options selected. Refer to the model number/description/options shown for full product specifications. • Sales Tax (For Shipment within the United States Only): Estimated sales/use tax will be calculated when order is entered. It is the customer's responsibility to pay any applicable sales/use tax due upon invoicing. A customer will not be charged sales tax if (1) a Resale Certificate, (2) an Exempt Organization Certificate, or (3) a Direct Pay permit is on file with KI's Finance Department. If no certificate is on file, the appropriate sales/use tax rate in effect at shipment will be applied and tax will be added to the customer's invoice.

PROJECT LEAD TIME SUMMARY:
• Manufacturing lead time begins once the order is complete and acknowledged. Delivery dates are determined per order based on the longest lead time per shipping location and are confirmed on the order acknowledgement.

Shipping Location MFG Lead Time Range
GREEN BAY, WI 3 - 5 Weeks
• Lead times are subject to change based on quantities, manufacturing capacity and surface material selections. Laminate and/or fabrics outside the standard KI ingrade program may have extended lead time.
• For more information or questions regarding delivery consolidation, contact KI Customer Service.

Page: 2 of 3
Final Considerations:

To ensure your Purchase Order (PO) is processed quickly and efficiently, please adhere to the following requirements:

1. All purchase orders must be issued to KI or KI c/o the dealer with this address:

KI
1330 Bellevue Street
Green Bay, WI 54302

2. The following items must be included on all purchase orders:
◦ Sold To/Bill To Information: complete legal name, address, telephone number and fax number
◦ Ship To Information: complete legal name, address, contact name, contact phone number
◦ Purchase Order Number: a customer-specific identifier, typically a sequential purchase order number or requisition number
◦ Issue Date: date the purchase order was issued
◦ Sales Tax: applicable sales tax will be added upon KI invoicing. If tax exempt, customer must provide or have the tax exempt certificate on file at KI ◦ Purchase Order Total: total of all items and services included on the purchase order ◦ Authorization: signature of authorized purchasing agent or buying entity ◦ Order Details: reference a fully optioned KI quote (ex: 11KGH-85432) or include all the information listed below
▪ Quantity of each item
▪ Complete model number, including all finish and option information (by line item) ▪ Net purchase price (by line item)
▪ Extended net purchase price (all line items)
▪ Any additional applicable charges (ex: installation and/or delivery charges) ▪ Contract name and/or number if pricing is based on a contract reference

3. Signatures on a quote or a worksheet cannot be accepted as a purchase order.

4. In the event that you do not have a formal Purchase Order process, please contact your KI Sales Representative or call 1-800-424-2432, and we will assist you with creating a PO.

We appreciate your cooperation in providing us with all the required information listed above on your Purchase Order. Complete information helps us serve you better. Thank you for your order.

Purchase Orders that do not meet these requirements will be placed on hold until complete information is received by KI. Purchase orders on hold are not released to manufacturing or assigned a delivery date. KI order lead times begin once the order is released to manufacturing.

Customer represents that the product
information contained within this quote is
complete and accurate. Changes to quantities
and/or options/finishes will affect this quote. If
applicable, other charges such as freight, tax,
installation and/or delivery fees may be added
at time of order.

Sales resulting from purchase orders issued by
the customer to KI (Whether related to this
quotation or otherwise) are governed and
controlled by the Terms and Conditions found
at www.KI.com/terms
Prepared by Claire Schabow
Market Code: 9=9=State/Local Gov't
Opportunity #: 686074
Quote Filename: City of Brea: Banquet and Cafe Chairs - 24CKB-686074
Page: 3 of 3
City of Brea
City Council Regular Meeting Communication
Amendment to the Position Allocation List - One Part-Time Community Services Coordinator Position for the Senior Nutrition Program
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5E
TO
Finance Committee Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Approve a Resolution amending the Position Allocation List to include a new part-time regular Community Services Coordinator position in the Community Services Department.

BACKGROUND/DISCUSSION
With the City Council placing a high priority on preparing for the changing needs in the senior demographic in recent years, demand for senior services in Brea continues to grow. Among the many services with high participation, the nutrition program has seen the most significant change and growth over the past decade.

Over ten years ago, SeniorServ/Meals on Wheels had a large presence within the Senior Center’s Monday through Friday nutrition program providing a 20 hour/week on-site staff person to support the operations including meal preparation and regular reporting. In 2013, SeniorServ/Meals on Wheels discontinued the on-site staffing support, as well as the Friday lunch service. The Friday lunch service and duties performed by the previous SeniorServ staff person were subsequently assumed by City staff. Since 2018, the primary duties of the nutrition program have been performed by one full-time Community Services Specialist responsible for both the Monday through Thursday SeniorServ/Meals on Wheels Lunch Services, as well as the City-Sponsored Friday Lunch Service. Duties for each program are detailed below:

Prior to the COVID-19 pandemic the average daily attendance for these programs were approximately 40 participants for the SeniorServ/Meals on Wheels Lunch Services (Monday through Thursday), and approximately 80 participants for each Friday Lunch Service. After returning to normal operations, these programs have seen significant growth with average participation for the SeniorServ/Meals on Wheels program reaching 70 daily participants and the Friday Lunch Service regularly capping at 180 participants with a waiting list of over 40 individuals each week.

In an effort to remain in line with City Council’s top goals and priorities and to prepare for the future of the Senior Nutrition Program, which was heavily discussed in the recent Senior Center Feasibility Study, staff is recommending the City Council consider the addition of a part-time regular, 32 hour/week Community Services Coordinator within the Community Services Department. This position will assist the current Community Services Specialist I/II with all nutrition program operations Monday through Thursday SeniorServ/Meals on Wheels Lunch Service – food preparation and distribution, collecting donations, preparing reports for federal grant purposes, forecasting food needs for future months, maintaining safe handling procedures, preparing kitchen for health inspections, etc.

Friday Lunch Meal Service – creating menus for each Friday lunch for the calendar year, weekly shopping visits for all lunch items, meal preparation, oversight of food service, oversight of volunteers that serve the food.

Attachments
PT Nutrition Coordinator Resolution_DRAFT.pdf
listed above, as well as serve as a back-up and provide coverage for the nutrition program in the absence of the Specialist.

Currently this coverage is provided by other Senior Center staff who are having to step away from their day-to-day functions supporting daily programming and case management, which is not a sustainable model looking to the future of Senior Services. The total budget increase for this request is $41,500.

COMMISSION/COMMITTEE RECOMMENDATION
This Staff Report was reviewed by the Finance Committee on April 30, 2024, and recommended for approval.

SUMMARY/FISCAL IMPACT
Staff are evaluating opportunities to absorb this request in the current General Fund (110) Operating Budget and if additional appropriation is needed, further discussion will take place as part of the budget process.

RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Jenn Colacion, Senior Management Analyst
Concurrence: Carrie Hernandez, Deputy Director of Community Services and Chris Emeterio, Assistant City Manager
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
AMENDING THE POSITION ALLOCATION LIST TO ADD ONE PARTTIME COMMUNITY SERVICES COORDINATOR IN THE COMMUNITY

SERVICES DEPARTMENT TO SUPPORT NUTRITION SERVICES AT
THE BREA SENIOR CENTER.

A. RECITALS:
(i) Section 2.08 of the Brea Municipal Code provides that the City Council shall prepare, revise and maintain a position classification plan covering all positions within the classified services, including employment standards and qualifications for each classification.
(ii) The Brea Municipal Code provides that the City Council shall approve a plan of compensation directly correlated to the position classification plan and a rate or range of pay for each classification.
(iii) It is necessary, from time to time, to review and adjust the classification and compensation plan to reflect the changing organizational responsibilities of the City and to ensure the efficient economical operation of the various City departments. (iv)In order to most effectively implement and monitor the position classification plan, it is necessary, from time to time, to amend the Position Allocation List which specifies the actual number and distribution of authorized positions within the City.

B. RESOLUTION:

NOW, THEREFORE, THE CITY OF BREA, HEREBY, RESOLVES, AND ORDERS AS FOLLOWS:
(i) Amend the Position Allocation List for FY 2023/24 to add one 32 hour per week Community Services Coordinator to the Senior Services Center Program of the Community Services Department.

APPROVED AND ADOPTED this 7th day of May 2024.

Christine Marick, Mayor
ATTEST:

Lillian Harris-Neal, City Clerk
I, Lillian Harris Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Council of the City of Brea, held on the 7th day of May 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

Lillian Harris-Neal, City Clerk
City of Brea
City Council Regular Meeting Communication
Award a Contract for Legislative Advocacy Services
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5F
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION

1. Approve the Agreement with Townsend Public Affairs, Inc. to provide Legislative Advocacy Services for a not-to-exceed amount of $252,000 for a three-year term; and

2. Authorize the City Manager to execute the agreement; and

3. Return to City Council for authorization of any optional extensions.

BACKGROUND/DISCUSSION
For more than 30 years, the City has retained the services of a state and federal legislative advocate to assist the City in developing and successfully pursuing its
legislative priorities. These services include:
• Developing key advocacy goals for each new state and federal legislative session and assisting the City in achieving those goals;
• Participating in the ongoing legislative process to help ensure that the City's desired level of state funding is secured; • Providing the City with grant management and assistance; • Developing a strategy to gain support for City priorities at the state level; • Representing the City at hearings, particularly those involving appropriations requests; • Providing testimony at Committee and floor sessions on behalf of the City; • Preparing City representatives for hearings and meetings with members of Congress by providing support materials, talking points, and briefing papers; and
• Monitoring legislative developments affecting the City's agenda and updating designated City staff through written reports/analysis, phone calls, legislative tracking, e-mails, and conference calls/meetings.

Throughout the years, by contracting for state and federal legislative advocacy services, Brea has been able to secure state and federal funding for critical community projects and programs which has far exceeded the cost of utilizing a legislative advocate. The current legislative service agreement expires on June 30, 2024.

To ensure these important services move forward, staff developed the scope of service requirements and solicited a competitive Request for Proposal (RFP) for well-qualified consultants to apply. Notifications were posted on the City’s website and the City’s third-party eProcurement portal, which sent nationwide notices to interested firms. In addition, the following firms were notified including: Best Best & Kreiger, Capitol Core Group, Inc., Clark Hill, Joe A. Gonsalves & Son, Nielsen Merksamer Parrinello Gross & Leoni LLP, Precision Advocacy, Townsend Public Affairs, and Renne Public Policy Group.

In summary, five (5) firms downloaded the RFP, however only one firm, Townsend Public Affairs, submitted a response proposal by the April 1, 2024 deadline. The proposal was evaluated based on demonstrated competence, professional qualifications, and a fair and reasonable price for the City. Staff determined that Townsend Public Affairs was a well-qualified consultant to provide both state and federal legislative advocacy services and that their price was fair and reasonable.

Attachments
RFP Template Legislative Services_Edits.pdf

05.7.24 Legislative Services_Agreement.pdf
For the past 17 years, Townsend Public Affairs has been successfully performing as the City’s state and federal legislative advocate and has assisted Brea in identifying and securing state and federal funding for a variety of public improvements and programs, ranging from transportation and infrastructure improvements to affordable housing and parks. Since 2007, Townsend Public Affairs has worked with City staff to secure over $20.7 million in funding. The most recent examples include funding for the Arovista Park Modernization project, The Tracks at Brea Trail, and various community development initiatives. The City’s current contract with Townsend is set to expire on June 30, 2024. Staff is recommending approval of the Agreement with Townsend Public Affairs to continue providing Legislative Advocacy Services.

The Agreement is for a three-year term that will permit the continuance of these services based on mutual agreement of the parties.

Since the prices for the services are fixed for each year of the contract, staff requests that the City Council authorize the City Manager to exercise the renewal terms, as long as the consultant’s performance continues to meet Brea’s requirements.

SUMMARY/FISCAL IMPACT
Starting in FY 2024-25, the new contract amount will increase the budget by $10,680 annually and is equally funded from the City’s General Fund (110), Urban Runoff Fund (410), Water Utility Fund (420) and the Sewer Utility Fund (430). There are sufficient funds in the current budget to absorb the increase and no appropriation is needed at this time. Future costs will be programmed during the budget process.

RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Aimée Matsumoto, Management Analyst
Concurrence: Liz Pharis, Communications and Marketing Manager/PIO Fiscal Year Amount
2024/2024 $78,000
2025/2026 $84,000
2026/2027 $90,000
2027/2028 (optional) $90,000
2028/2029 (optional) $90,000
RFP No. 2024.02.15.01
Request for Proposals
Legislative Services
TIMELINE | Key Milestones
Key Milestone Schedule
Release of RFP February 15, 2024
Question Deadline March 4, 2024 by 5:00 pm PST
Pre-Proposal Conference (if applicable) Not Applicable
Final Addendum Issued March 14, 2024
Proposal Deadline April 1, 2024 by 5:00 pm PST
Interviews (week of)* April 11, 2024
Selection of Contractor* April 23, 2024
Finance Committee Recommendation* May 14, 2024
City Council Award* May 21, 2024
Services Begins* July 1, 2024
* Tentative; at the discretion of the City
To obtains solicitation documents, submit questions, receive answers, and submit a proposal, proposer’s can visit the City’s eProcurement Portal at the following hyperlink https://www.publicpurchase.com/gems/brea,ca/buyer/public/home (registration required).

Please note that proposals may only be submitted electronically.

RFP No. 2024.02.15.01
City of Brea
Legislative Services
PART I

REQUEST FOR PROPOSALS
RFP No. 2024.02.15.01
City of Brea
Legislative Services
Request for Proposals
Legislative Services
I. Overview
A. Purpose
The City of Brea (“City”) is requesting proposals from qualified service providers to provide Legislative Services for a three-year term with an optional two one-year extension, as further set forth in Part III hereto, the Scope of Services and Specification Section (“Services”). Those submitting proposals are each referred to herein as “proposer”. Any proposer selected to provide the foregoing services are sometimes referred to herein as “contractor” or “consultant.” B. Specific Processes Applicable to this Request for Proposal (RFP) To obtain solicitation documents, submit questions, receive answers, ad submit a proposal, visit the City’s eProcurement Portal at the following hyperlink (registration is required) City’s eProcurement Portal
https://www.publicpurchase.com/gems/brea,ca/buyer/public/home

PROPOSALS MAY ONLY BE SUBMITTED ELECTRONICALLY
II. Questions and Answers.

A. Questions
Any person contemplating submitting a proposal in response to this RFP who has questions, requires clarification, or finds any discrepancies with respect to any part of this RFP, the Scope of Services and Specifications, the City’s standard agreement contained herein, or any of the terms and conditions included therein (collectively, “Solicitation” or “RFP”), must submit their questions through the City’s eProcurement Portal listed above by the Question Deadline set forth in the Timelines referenced on page one or as may be modified by any addendum. Questions not received by the Question Deadline will not be considered. As such questions, are non-responsive to the Solicitation requirements.

B. Answers
The City will issue addenda to answer question(s) received by the Question Deadline and provide clarifications and modifications to the Solicitation utilizing the City’s eProcurement Portal as provided above, when deemed to be of sufficient importance or otherwise necessary to more fully implement the goals and intent of this RFP. Proposers must acknowledge receipt of all City-issued addenda. Only City’s written addenda can modify the requirements of this RFP. Any modifications set forth in such addenda will supersede and take precedence over the original RFP and any RFP No. 2024.02.15.01
City of Brea
Legislative Services
preceding addendums. Any other form of communications shall have no force or effect with respect. to this Solicitation. The City will not be bound by any verbal representations of any City official or employee.

PROPOSALS NOT RECEIVED ELECTRONICALLY BEFORE THE PROPOSAL DUE DATE, SHALL NOT BE OPENED AND SHALL BE DISREGARDED. PROPOSERS BEAR ANY AND ALL RISKS OF UNTIMELY, OR NON-RECEIPT OF ANY PROPOSAL, REGARDLESS OF THE CAUSE.

III. Costs Included in Proposal
A. Preparation Expense
Proposers prepare and make proposal(s) at their sole expense.

B. All-Inclusive Costs
Pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFP and to provide the Services, must be included in the proposal price.

IV. Proposal Submission Requirements
A. General
i. Checklist. Use this section as a checklist to help provide a complete response. Failure to include and provide all the information specified may result in rejection of the proposal without further evaluation or award consideration.
ii. Signatures. Proposers must sign all forms where indicated. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5. iii. Additional Material. Do not include any promotional material or any material that is not directly relevant to the objectives of this Solicitation. iv. Organization. Organize the proposal in the order shown below, separate each section with a section page and title, and number each section beginning with one. v. Sections Division and Purpose. Note the Qualifications and Forms sections will be used to determine if the proposer is qualified and responsive, while the Technical and Costs sections will be used to determine how well the proposer meets the requirements of this Solicitation and if the proposed costs are fair and reasonable. The Technical and Costs sections of the successful proposal may be attached to and incorporated as part of Exhibit A to the City’s standard Agreement for execution.

B. Introduction Section
i. Title Page. Provide a title page showing the Solicitation subject; the proposer’s name; address, and the date of the proposal.
ii. Table of Contents. Provide a table of contents detailing the various sections and page numbers of the information contained in the proposal.

RFP No. 2024.02.15.01
City of Brea
Legislative Services
iii. Letter of Transmittal. Provide a letter of transmittal signed by an individual authorized to bind the proposer, briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the required time period(s), a statement why the proposer believes itself to be best qualified to perform the Services and a statement that the proposal is a firm and irrevocable proposal.

C. Qualifications Section
i. Background. Provide the proposer company’s full legal name, address, phone, fax, email, website; Prior company names (if any) and years in business; mergers, buyouts; Organizationalstructure (i.e. corp., LLC, sole proprietorship, etc.) and chart; Names and titles of the principal owner(s); Person(s) authorized to contractually bind the company. List any pending litigation and describe any contracts terminated for cause and any governmental enforcement actions against proposer’s company during the previous five (5) years. List any special recognition or awards.
ii. Experience. Provide a summary of experience with similar kinds of work; Familiarity with state and federal procedures; Experience working with public agencies. Provide current business references for whom your company has provided similar services, and a very brief description of the provided services.
iii. Qualifications. Provide a summary of financial responsibility; Demonstrated technical ability; Capability of developing innovative or advanced techniques; Special qualifications, training, credentials; Staff names, titles, role, qualifications, experience, and length of service and the designated project manager to be assigned to this agreement. iv. Understanding. Describe proposer’s understanding of the work to be done as required by this RFP. Include any issues that will require special consideration in providing the Services and identify any unique approaches or strengths your company may have.

D. Technical Section
i. Approach. Provide a detailed discussion and proposed methodologies of the proposer’s approach to the successful performance of the Services. Include thorough discussions of methodologies proposer believes are essential to accomplishing each task. Include a proposed work schedule to accomplish all of the required tasks and identify the team member responsible for each.
ii. Proposed Schedule. Provide a detailed recommended schedule of activities. If a Meet and Confer and Presentation Requirements and/or a Tentative Schedule are provided in the Scope of Services and Specifications Requirements Section any recommended modifications should be addressed.

E. Cost Section
i. Pricing. Pricing shall be as specifically described in Exhibit “A” to the City’s standard form of agreement attached hereto and incorporated by reference herein.

F. Forms Section
i. Standard Forms
RFP No. 2024.02.15.01
City of Brea
Legislative Services
a. Non-Collusion Affidavit Form
b. References Form
c. Subcontractors List-Standard Form
d. Statement of Compliance or Exceptions Form
e. Status of Past and Present Contracts Form
f. Insurance Commitment Form
g. Proposer Qualification Response Form
h. Firm Proposal Form
i. Price Form
G. Withdrawal and Validity. Proposals may be withdrawn before the Proposal Deadline.

Otherwise, proposals are binding for 120 days from the Proposal Deadline.

V. Proposal Review
A. Opening Proposals. Proposals remained unopened until the Proposal Deadline and thereafter will be electronically unsealed to begin the review and evaluation process set forth in the Evaluation, Award, Contract, Notice to Proceed Section below.

B. Proposal Information Posted. Proposals received by the Proposal Deadline, will have results posted on the City’s website at www.ci.brea.ca.us/1254/Requests-for-Bids-Proposals-andQuotes. The Proposal results are subject to change based on responsiveness and determination of qualifications. Further information may be obtained by visiting the webpage, clicking on Requests for Bids, Proposals, and Quotes, and scrolling to the desired solicitation. City will not provide results by any other means.

C. Information Posted. For this RFP, only company names of proposers timely submitting proposals, will be initially posted. No proposal will be available for public review until the evaluation phase has been completed and an award recommendation, if any, has been made.

D. All Proposals Become City Property and Public Records. All submitted proposals will become City property and public records subject to disclosure. However, no proposal will be disclosed unless and until a proposer is selected and recommended for contract award to the City Council; all proposals are rejected; or, this RFP process is terminated.

DO NOT SUBMIT CONFIDENTIAL INFORMATION. Any and all notices of “trade secrets”, “confidential information”, “do not disclose”, and/or any similar types of notices in a proposal will be disregarded.

VI. Evaluation
A. Non-Responsive Proposals. Proposals that are late or misdirected; or where the proposer did not attend any required mandatory Pre-Proposal Meeting or is suspended or debarred (www.sam.gov) are non-responsive. Proposals that did not include the required documents or information; modified any terms and conditions; had excessive or inadequate price relative to RFP No. 2024.02.15.01
City of Brea
Legislative Services
the Scope of Services and Specifications Requirements may cause the Proposal to be deemed non-responsive. Non-responsive Proposals will not be considered for further evaluations or award.

B. Responsive Proposals. Proposals that conform in all material respects to the RFP and are eligible for further consideration.

C. Informalities. City may waive any informalities in any proposal or this RFP process as deemed in City’s best interest.

D. Basis of Award and Evaluation Criteria. If an award is made, it shall be made based on the proposal determined to provide the greatest benefit to the City. City will evaluate and score each proposal based on how well it meets the Proposal Submission Requirements including, but not limited to, the Qualifications, Technical, Cost, Forms sections; any required clarifications, presentations, interviews; other available information; any required Best and Final Offer (BAFO) responses; and any other requirements of this RFP not mentioned specifically in this paragraph.

The scoring for Evaluation Criteria is set forth below:

Responsiveness of the Proposal including ability to meet the City’s timelines, and acceptance of City’s standard form of agreement
25%
Proposer’s qualifications and prior experience 25%
Technical approach to provide the Services 20%
Value and economy to City of the proposed Project approach 20% Pricing 10%
The City reserves the right to select one or more proposers for further consideration or award of a contract, based solely on their proposal or, on their proposal and any interviews. The City reserves the right to negotiate a final agreement with one or more of the top scoring proposers.

Award, Reject, Rescind.

As may be in City’s best interest, City may accept and award a contract to any proposer; rescind any award; reject any or all proposals; and/or terminate this RFP process at any time.

Agreement.

If an agreement is awarded, City will do so after the successful proposer has satisfied all post-award requirements (insurance, bonding, etc.). The City’s standard form of agreement is attached. Any requested changes to the agreement will be considered as part of the evaluation/scoring process.

Notice to Proceed.

City will issue a notice to proceed to contractor(s) to commence providing the Services at the time stated in that notice. Absent a formal notice to proceed letter, delivery of the Purchase Order becomes the de facto notice to proceed unless otherwise stated in the Purchase Order.

End of this Section.

RFP No. 2024.02.15.01
City of Brea
Legislative Services

PART II

STANDARD FORMS

STANDARD FORM A

NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal. proposal (name of proposing company)
that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal; that the PROPOSER has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from proposing; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the PROPOSER or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer; that all statements contained in the proposal are true; and, the PROPOSER has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the PROPOSER.

I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct and that this declaration is executed as set forth.

Signature: ____________________________________________ Name/Title Date: ____________________________________________ Notary is not required for this proposal.

State of
(the State of the place of business)
County of
(the County of the place of business)
, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM B

REFERENCES FORM
(Proposer’s Company Name)
Provide current business references for whom your company has provided similar services.

Provide very brief description of the Project services your company provided to the reference.

Any unsatisfactory references or past unsatisfactory work performance with City may eliminate Proposer from further consideration (Brea City Code Sec. 3.24.020.M)

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM C

SUBCONTRACTORS LIST-STANDARD FORM
(Proposer’s Company Name)
Provide the information requested below. Duplicate this form as necessary to complete list. ☐ Check this box, if no subcontractors are to be used for any of the proposed work.

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM D

STATEMENT OF COMPLIANCE OR EXCEPTIONS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Select one:

No Exceptions
By checking the above box, Proposer declares their Proposal was prepared in strict compliance with the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement.

With Exceptions
By checking the above box, Proposer declares their Proposal was prepared in consideration of but with exceptions to one or more of the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement, in which case Proposer must provide a detailed list for all such exceptions in the following format.

Section
Page # Term, Condition, Specification Exception & Benefit to City City A
or D
Proposer acknowledges that City may accept or reject any or all of Proposer’s listed exceptions or reject the Proposer’s entire Proposal that contain any exceptions.

Signature: ____________________________________________ Name/Title Date: ____________________________________________

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM E

STATUS OF PAST AND PRESENT CONTRACTS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation. As used in this form, “Proposer” means Proposer or any 10% or greater owner of the proposing company; “Contract Termination” means termination for cause by any other party to a contract with the Proposer; “Settlement” means settlement of any claim or lawsuit brought against Proposer in connection with Proposer’s services; and, “Legal Action” means any lawsuit alleging fraud, breach or any other misconduct by, or filed against, Proposer.

By checking the above box, Proposer declares that the Proposer has not had any Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder and currently does not have any pending Contract Terminations, Settlements, or Legal Actions.

One or More Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has had either one or more Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder in which case, Proposer must provide a list for all such contracts and include:

Contract Title, Contract Value, Termination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Terminations, Settlements, or Legal Actions.

The Proposer acknowledges that City may: reject any declarations that are not accompanied with the required documentation as described above; or reject any Proposals wherein Proposer has had any Terminations, Settlements, or Legal Actions that City in its sole discretion deems unacceptable.

Signature: ____________________________________________ Name/Title Date: ____________________________________________ (Proposer’s Company Name)
No Contract Terminations, Settlements, or Legal Actions

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM F

INSURANCE COMMITMENT FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Proposer acknowledges that:

City reserves the right to modify the insurance requirements as set for in the Insurance Requirements section of the Agreement including limits, based on nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City’s acceptance and/or approval of the proposer’s insurance documents does not and shall not be construed to relieve proposer of any obligations, responsibilities or liabilities under any resultant Contract.

Proposer’s failure to comply with the required insurance as set forth in the Insurance Requirements of the Agreement is a breach of contract, which may result in one or more of the following: suspension of work, suspension or termination of contract, remuneration of procurement costs for obtaining a replacement contractor, and suspension from submitting future proposal based on proposer’s default.

Proposer, at Proposer’s sole cost and expense, hereby promises and agrees to:

Acquire required insurance set forth in the Insurance Requirements of the Agreement.

Provide policies of insurance from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California prior to commencing any work and allowing any subcontractor to commence work on any subcontract until it has secured all required insurance unless otherwise permitted or waived in writing by City’s Risk Manager.

Maintain in force at all times during the term of any Contract, insurance policies as set forth in the Insurance Requirements of the Agreement; replace any policies whose carrier’s rating falls below A VII with policies that meet or better the required A VII rating no later than the renewal date of the policy; amend, supplement, or endorse existing insurance policies that do not meet the insurance requirements set forth in the Insurance Requirements.

Proposer certifies, represents, and commits to all the Insurance Requirements of the Agreement.

Signature: ____________________________________________ Name/Title Date: ____________________________________________

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM G

PROPOSER QUALIFICATIONS RESPONSE FORM
(Proposer’s Company Name)
Proposers must have demonstrated trustworthiness, as well as the necessary quality, fitness, capacity, and experience to satisfactorily provide the requirements specified in this Solicitation based on prior experience with city, references, and other available information.

Provide the information requested below. Do not omit or renumber any sections. All items listed must be submitted and checked off to ensure qualification responsiveness.

1. Background.

Please provide the following information about your company:
☐ Your company’s full legal name, address, phone, fax, email, website. ☐ Prior company names (if any) and years in business; mergers, buyouts, etc. ☐ Organizational structure (i.e. corp., LLC, sole proprietorship, etc.). ☐ Names and titles of the principal owner(s).
☐ Person(s) authorized to make commitments for your company. ☐ Special recognition or awards.

2. Experience.

Provide the following information relative to required services:
☐ Summary of Experience with similar kinds of work.
☐ Familiarity with state and federal procedures.
☐ Experience working with public agencies.
☐ Narrative of the working relationship with current business references for information not already included in the References Form.

3. Qualifications.

Provide the following information relative to required services:
☐ Financial responsibility.
☐ Demonstrated Technical Ability.
☐ Capability of developing innovative or advanced techniques. ☐ Special qualifications, training, credentials.

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01
☐ Staff names, titles, role, qualifications, and experience assigned to this Project. ☐ Designated project manager assigned to this Project.

4. Understanding.

Provide the following information relative to required services:
☐ Understanding of the work to be done based on this Solicitation. ☐ Include issues that you believe will require special consideration for this Project. ☐ Identify unique approaches or strengths your company has relative to required services.

5. Approach.

Provide the following information relative to required services:
☐ Understanding of the work to be done.
☐ Adequacy of labor and resources to satisfactorily perform the requested services and meet the City’s needs.
☐ Names and titles of key management personnel.
☐ Team to be assigned for these services.

Submitted by:

Signature: ____________________________________________ Name/Title Date: ____________________________________________

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM H

FIRM PROPOSAL FORM
(Proposer’s Company Name)
FIRM PROPOSAL made by Proposer to the City of Brea:

I, the undersigned, hereby represent and warrant that I am authorized to submit this Proposal on behalf of and to bind the principals who I represent, to all the requirements of the City of Brea’s Terms and Conditions, Specifications, Scope or Work, any attachments, exhibits, amendments; and I offer and agree to those requirements at the prices set forth in the Proposal Form.

Further, I understand that no contract exists unless City accepts this Proposal by executing the attached Agreement.

Business Name: ___________________________________________ Business Address: ___________________________________________ Federal ID#: ___________________________________________ If any Work is a Public Works Contractor Lic#: _________ DIR#: _________ Business Type: ______ 1. Individual/Sole Proprietor or Single-Member LLC; 2. C Corporation; (Proposer enter a number) 3. Corporation; 4. Partnership; 5. Trust/Estate; 6. Limited Liability Co.

By: _______________________________ By: _______________________________ Name: Name:

Title: Title:

Email: Email:

Date Signed: ________________________ Date Signed: ________________________ CORPs: Chairperson, President, Vice President CORPs: Secretary, Assist. Secretary, Chief Finance LLCs Manager Officer, Assist. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), for limited liability companies, both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.]

REQUEST FOR PROPOSALS
Legislative Services
2024.02.15.01

STANDARD FORM I

PRICE FORM
(Proposer’s Company Name)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.

Attach additional pages if necessary.

Please note that pricing Must Be All-Inclusive. EACH PROPOSAL MUST BE INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, taxes, insurance, and expenses necessary to comply with the requirements of this RFP and to provide the Services, must be included in the proposal price.

Additional comments/remarks:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

REQUEST FOR PROPOSALS
for Comprehensive User Fee Study and Cost Allocation Plan RFP No. 2024.01.10.01

PART III

AGREEMENT &

SCOPE OF SERVICES

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
This Professional Services Agreement (“Agreement”) is dated {AgreementDate} for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and {Contractor Name} a {Legal Status} (“Contractor”).

RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following professional services: State and Federal Legislative Services.

B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Scope of Services.

Contractor shall perform the services referenced in the Recitals, as required by the RFP dated ____________ and more specifically described in the Scope of Services set forth in the attached hereto as Exhibit “A”, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).

2. Compensation.

A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Attachment 1 to Exhibit A hereto.

B. In no event shall the total amount paid for the Services over the term of this Agreement exceed the annual all-inclusive sum of $ {ContractAmount} (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Contractor in performing the Services. Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.

C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Contractor’s invoices shall indicate the amount of time spent on each task and the applicable rate.

D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.

3. Contingency Work.

The parties may agree on contingency work to be provided as part of the Services. A written amendment to this Agreement shall be executed for contingency work that increases the Contract Amount by more than {Contingency Percent} percent. The City Manager, or designee, is authorized to approve, in writing, contingency work that is below the foregoing limit.

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
Contractor’s monthly invoice shall include a detailed description of any approved, contingency work. Any work performed by Contractor without a written amendment or approval of the City Manager, or designee, shall be deemed to be work included within the Services.

4. Term.

The term of this Agreement shall commence on {TermStartDate} (“Effective Date”).

Unless extended or earlier terminated as provided herein, this Agreement shall expire on June 30, 2027 or upon satisfactory completion of the Services, whichever occurs first. The City may extend the term of this Agreement by giving written notice to Contractor within 30 days prior to the then-scheduled expiration date for two (2) additional one-year terms which will be the sole discretion of the: City Manager.

5. Time of Performance.

A. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing. Contractor shall commence performance within two business days of receiving City’s written notice to proceed.

B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Contractor’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.

C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

6. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Contractor and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.

7. Standard of Care.

Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

8. Compliance with Law.

A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.

B. Contractor shall obtain a City of Brea business license.

C. Contractor shall comply with all {Additional Legal Requirements}.

9. Assignment and Subcontracting.

A. Contractor shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Contractor’s utilization of subcontractors identified in Contractor’s proposal for the Services.

B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement. Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.

C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Contractor. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.

10. Independent Contractor.

A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.

B. Contractor will determine the means, methods, and details by which Contractor’s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

C. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform the Services. Contractor shall perform the Services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

D. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with the Services.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.

11. PERS Compliance.

The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Services, Contractor shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

12. Insurance.

Unless otherwise permitted or waived in writing by City’s Risk Manager, Contractor shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

A. Commercial General Liability
i. Contractor shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
a. Insurance Services Office Commercial
General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this
Agreement
g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.

B. Automobile Liability
i. Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.

C. Workers’ Compensation/Employer’s Liability
i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.

D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Contractor shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.

F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:

If ☒, then required Combined Single Limit

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
☒Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
☒Automobile Liability $2,000,000 per occurrence (any auto) for bodily injury and property damage
☒Workers’ Compensation In the amount required by California law ☒Employer’s Liability $1,000,000 per occurrence
☒Professional Liability $2,000,000 per claim and aggregate (errors and omissions) ☐Cyber Liability $2,000,000 per occurrence
iii. Defense costs shall be payable in addition to the limits. iv. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Contractor shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements.

All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

H. Policy Provisions Required
i. Contractor shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Contractor shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Contractor shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.

I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may terminate this Agreement for cause.
iii. City may require Contractor to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater.

Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
J. Subcontractor Insurance Requirements
Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.

13. Indemnification.

A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data (collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, consultants or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.

B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.

C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

PROFESSIONAL SERVICES AGREEMENT
Legislative Services

14. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Contractor must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.

15. Termination.

A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ written notice to Contractor. In such event, City shall be immediately given title to and possession of all Work Product (as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Contractor is not then in breach, City shall pay Contractor for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.

B. Contractor may terminate this Agreement only for cause and by serving written notice of termination to City, provided Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

16. Ownership of Work Product.

A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16.

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above.

C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

17. Data Security.

A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.

B. To the extent any City Data consists of personal information as defined in Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.80, et seq., including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
Data. Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.

C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.

18. Party Representatives.

A. Contractor hereby designates {ContractorRepName}, or such person’s designee, as Contractor’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.

B. City hereby designates {CityRepName} or such person’s designee, as the City Representative for this Agreement.

C. The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.

19. Notices.

Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.

City Contractor
City of Brea {ContractorFullName}
1 Civic Center Circle {ConPMStreetAddress}
Brea, CA 92821 {ConPMcity}, {ConPMstate} {ConPMzip}
United States {ConPMCountry}
{CityPMName} {ConPMName}
{CityPMEmail} {ConPMEmail}
{CityPMPhone} {ConPMPhone}

20. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.

PROFESSIONAL SERVICES AGREEMENT
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21. Conflicts of Interest.

A. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.

B. Contractor further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Contractor has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Contractor in connection with the performance of the Services, to assist City in affirming compliance with this Section.

C. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

If required, Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.

24. Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.

25. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

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26. City’s Right to Employ Other Contractors.

City reserves its right to employ other contractors to provide the Services or similar services.

27. Exhibits.

The attached {ExhibitsAttached} are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern. In the event of any conflict or inconsistency between the provisions of this Scope of Services and Specifications Requirements and the Contractor’s Proposal set forth in the attached Attachment 1 to Exhibit A, the provisions of the Scope of Services and Specifications Requirements shall govern.

28. Entire Agreement.

This Agreement (including the attached Exhibits) represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
[SIGNATURES ON FOLLOWING PAGE]

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.
{Contractor Full Name}
By: __________________________ By: __________________________ {ConSigner1Name} {ConSigner2Name}
{ConSigner1Title} {ConSigner2Title}
{ConSigner1Email} {ConSigner2Email}
Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President; CORPs: Secretary, Asst. Secretary, Chief Finance LLCs: Manager Officer, Asst. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By: __________________________ By: __________________________ {CitySignerName} {AttestName}
{CitySignerTitle} {AttestTitle}
{CitySignerEmail} {AttestEmail}
Date Signed: _______________ Date Signed: _______________

PROFESSIONAL SERVICES AGREEMENT
Legislative Services

EXHIBIT A
Scope of Services and Specifications Requirements
I. Scope of Services
A. Required Services will include, but are not limited to, the following:

1. Monitoring – Consultant must serve as a reliable and consistent conduit of information to and from the California State Assembly and Senate and/or congressional delegation, other members of Congress, congressional committees, congressional staff, and federal agencies; monitor and provide regular reports, both orally and in writing, on current legislation, the State and Federal budget process or an assembly and/or congressional events that may directly or indirectly impact the City.

Consultant must work closely with the City to assist in the development of the City’s legislative platform and specific legislative priorities. Frequent contact must be made with elected officials and their staff concerning the development of future legislation and regulations impacting the City. Said contact must keep policy makers aware of the potential effect of the specific legislation and regulations to the City’s interests.

2. Bill Tracking Service - Consultant must obtain and monitor all bills, resolutions, files, journals, histories, etc. As such, copies of all bills and amendments that are determined to have an impact on the legislative and regulatory interests of the agency must be forwarded to the City.

3. Legislative Advocacy - The City’s position on key State and Federal action must be transmitted to elected officials and their staff, as well as Committee and federal agencies (as appropriate) and other interest groups. This must be accomplished through personal discussions with elected officials and their staff, committee consultants and agency representatives, testifying at appropriate policy and fiscal committees and agency hearings, orchestrating statements of legislators, prepare and send letters notifying appropriate officials and agencies of the City’s position and drafting announcements. Design and implement a strategy, in consultation with City staff that raises the consciousness and awareness of issues relating to municipalities. Arrange meetings with City staff and legislators in Sacramento, CA and Washington D.C. and their staff.

4. Coordination and Reporting of Legislative/Regulatory Efforts - Consultant will work with the City in the coordination of a legislative/regulatory program, which includes the development of legislative/regulatory positions and platforms as well as drafting proposed legislation when appropriate. The firm should strive to coordinate the City’s perspective with other associates as appropriate. Design and implement a strategy, in consultation with City staff that raises the consciousness and awareness of issues relating to the City with elected officials and broadens and improves direct communication of City staff with state and/or federal legislators. Consultant will provide regular written reports of all legislative activities and be available to participate in City Council meetings as needed.

5. Special Projects Facilitation – Consultant should be a special project facilitator for the City before state and federal agencies on funding matters and to develop project guidelines, policy and resolution

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statements. Assist the City with strategic communication or crisis response, if needed, relative to the County’s legislative affairs activities.

6. Establish an Active Presence - Contractor should actively establish a strong identity and presence in Sacramento, CA and Washington, DC on behalf of the City. This effort shall be reinforced by day-to-day involvement in the political, regulatory and legislative actions on behalf of this organization. Additionally, on-site visits to the City shall be made upon reasonable notice and request to Consultant along with a presentation to the City and to confer with City staff regarding legislative issues as requested.

7. Grant Identification, Writing, and Assessment – The Consultant will identify potential state and/or federal grants that would be in line with the City’s mission and values. The Consultant will assist in the writing of grant proposals and the acquiring of letters of support for grant proposals from elected officials.

End of this Exhibit

PROFESSIONAL SERVICES AGREEMENT
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Attachment 1 to Exhibit A
CONTRACTOR’S PROPOSAL AND FEE SCHEDULE
(attached)

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
This Professional Services Agreement (“Agreement”) is dated May 7, 2024 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Townsend Public Affairs, Inc. a C Corporation (“Contractor”).

RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following professional services: State and Federal Legislative Services.

B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Scope of Services.

Contractor shall perform the services referenced in the Recitals, as required by the RFP # 2024.02.28.01 and more specifically described in the Scope of Services set forth in the attached hereto as Exhibit “A”, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).

2. Compensation.

A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Attachment 1 to Exhibit A hereto.

B. In no event shall the total amount paid for the Services over the term of this Agreement exceed the annual all-inclusive sum set forth by fiscal year in the Fee Schedule indicated in the Proposal (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Contractor in performing the Services. Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.

C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Contractor’s invoices shall indicate the amount of time spent on each task and the applicable rate.

D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.

3. Contingency Work.

This Agreement does not include any contingency or additional work. Any additional work performed by Contractor without a written amendment or approval of the City shall be deemed to be work included within the Services.

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4. Term.

The term of this Agreement shall commence on July 1, 2024 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire on June 30, 2027 or upon satisfactory completion of the Services, whichever occurs first. The City may extend the term of this Agreement by giving written notice to Contractor within 30 days prior to the thenscheduled expiration date for two (2) additional one-year terms which will be the sole discretion of the City Manager.

5. Time of Performance.

A. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing. Contractor shall commence performance within two business days of receiving City’s written notice to proceed.

B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Contractor’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.

C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

6. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Contractor and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.

7. Standard of Care.

Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

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8. Compliance with Law.

A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.

B. Contractor shall obtain a City of Brea business license.

C. Contractor shall comply with all Additional Legal Requirements if applicable.

9. Assignment and Subcontracting.

A. Contractor shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Contractor’s utilization of subcontractors identified in Contractor’s proposal for the Services.

B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement. Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.

C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Contractor. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.

10. Independent Contractor.

A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.

B. Contractor will determine the means, methods, and details by which Contractor’s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

C. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City. Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform the Services. Contractor shall perform the Services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

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D. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with the Services.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.

11. PERS Compliance.

The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Services, Contractor shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

12. Insurance.

Unless otherwise permitted or waived in writing by City’s Risk Manager, Contractor shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

A. Commercial General Liability
i. Contractor shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial
General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.

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iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this
Agreement
g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.

B. Automobile Liability
i. Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.

C. Workers’ Compensation/Employer’s Liability

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i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.

D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Contractor shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.

F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:

If ☒, then required Combined Single Limit
☒Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
☒Automobile Liability $2,000,000 per occurrence (any auto) for bodily injury and property damage

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☒Workers’ Compensation In the amount required by California law ☒Employer’s Liability $1,000,000 per occurrence
☒Professional Liability $2,000,000 per claim and aggregate (errors and omissions) ☐Cyber Liability $2,000,000 per occurrence
iii. Defense costs shall be payable in addition to the limits. iv. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Contractor shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements.

All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

H. Policy Provisions Required
i. Contractor shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Contractor shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Contractor shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber

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liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.

I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may terminate this Agreement for cause.
iii. City may require Contractor to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater.

Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

J. Subcontractor Insurance Requirements
Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this

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section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.

13. Indemnification.

A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data (collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, consultants or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.

B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.

C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

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14. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Contractor must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.

15. Termination.

A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ written notice to Contractor. In such event, City shall be immediately given title to and possession of all Work Product (as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Contractor is not then in breach, City shall pay Contractor for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.

B. Contractor may terminate this Agreement only for cause and by serving written notice of termination to City, provided Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

16. Ownership of Work Product.

A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16.

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B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above.

C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

17. Data Security.

A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.

B. To the extent any City Data consists of personal information as defined in Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.80, et seq., including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
Data. Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.

C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.

18. Party Representatives.

A. Contractor hereby designates Christopher Townsend, or such person’s designee, as Contractor’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.

B. City hereby designates Liz Pharis or such person’s designee, as the City Representative for this Agreement.

C. The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.

19. Notices.

Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.

City Contractor
City of Brea Townsend Public Affairs
1 Civic Center Circle 1401 Dove Street, Ste 330
Brea, CA 92821 Newport Beach, CA 92660
United States United States
Liz Pharis, Communication and Marketing
Manager
Christopher Townsend, President
[email protected] [email protected]
(714) 990-7673 (949) 399-9050

PROFESSIONAL SERVICES AGREEMENT
Legislative Services

20. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.

21. Conflicts of Interest.

A. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.

B. Contractor further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed. Contractor has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Contractor in connection with the performance of the Services, to assist City in affirming compliance with this Section.

C. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

If required, Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.

PROFESSIONAL SERVICES AGREEMENT
Legislative Services

24. Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.

25. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

26. City’s Right to Employ Other Contractors.

City reserves its right to employ other contractors to provide the Services or similar services.

27. Exhibits.

The attached Exhibit A are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern. In the event of any conflict or inconsistency between the provisions of this Scope of Services and Specifications Requirements and the Contractor’s Proposal set forth in the attached Attachment 1 to Exhibit A, the provisions of the Scope of Services and Specifications Requirements shall govern.

28. Entire Agreement.

This Agreement (including the attached Exhibits) represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
[SIGNATURES ON FOLLOWING PAGE]

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.

Townsend Public Affairs
By: __________________________ By: __________________________ Christopher Townsend Christopher Townsend
President Secretary
[email protected] [email protected] Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President; CORPs: Secretary, Asst. Secretary, Chief Finance LLCs: Manager Officer, Asst. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $50,000)
By: __________________________ By: __________________________ Bill Gallardo Lillian Harris-Neal
City Manager City Clerk
[email protected] [email protected]
Date Signed: _______________ Date Signed: _______________

04/18/24 04/18/24

PROFESSIONAL SERVICES AGREEMENT
Legislative Services

EXHIBIT A
Scope of Services and Specifications Requirements
Scope of Services
Required Services will include, but are not limited to, the following:

1. Monitoring – Consultant must serve as a reliable and consistent conduit of information to and from the California State Assembly and Senate and/or congressional delegation, other members of Congress, congressional committees, congressional staff, and federal agencies; monitor and provide monthly reports, both orally and in writing, on current legislation, the State and Federal budget process or an assembly and/or congressional events that may directly or indirectly impact the City.

Consultant must work closely with the City to assist in the development of the City’s legislative platform and specific legislative priorities. Frequent contact must be made with elected officials and their staff concerning the development of future legislation and regulations impacting the City. Said contact must keep policy makers aware of the potential effect of the specific legislation and regulations to the City’s interests.

2. Bill Tracking Service - Consultant must obtain and monitor all bills, resolutions, files, journals, histories, etc. As such, copies of all bills and amendments that are determined to have an impact on the legislative and regulatory interests of the agency must be forwarded to the City.

3. Legislative Advocacy - The City’s position on key State and Federal action must be transmitted to elected officials and their staff, as well as Committee and federal agencies (as appropriate) and other interest groups. This must be accomplished through personal discussions with elected officials and their staff, committee consultants and agency representatives, testifying at appropriate policy and fiscal committees and agency hearings, orchestrating statements of legislators, prepare and send letters notifying appropriate officials and agencies of the City’s position and drafting announcements. Design and implement a strategy, in consultation with City staff that raises the consciousness and awareness of issues relating to municipalities. Arrange meetings with City staff and legislators in Sacramento, CA and Washington D.C. and their staff.

4. Coordination and Reporting of Legislative/Regulatory Efforts - Consultant will work with the City in the coordination of a legislative/regulatory program, which includes the development of legislative/regulatory positions and platforms as well as drafting proposed legislation when appropriate. The firm should strive to coordinate the City’s perspective with other associates as appropriate. Design and implement a strategy, in consultation with City staff that raises the consciousness and awareness of issues relating to the City with elected officials and broadens and improves direct communication of City staff with state and/or federal legislators. Consultant will provide regular written reports of all legislative activities and be available to participate in City Council meetings as needed.

5. Special Projects Facilitation – Consultant should be a special project facilitator for the City before state and federal agencies on funding matters and to develop project guidelines, policy and resolution statements. Assist the City with strategic communication or crisis response, if needed, relative to the County’s legislative affairs activities.

6. Establish an Active Presence - Contractor should actively establish a strong identity and presence in Sacramento, CA and Washington, DC on behalf of the City. This effort shall be reinforced by day-to-day involvement in the political, regulatory and legislative actions on behalf of this organization. Additionally, at minimum one onsite visit to the City shall be made upon reasonable notice and Consultant to provide a presentation to the City and to confer with City staff regarding legislative issues as requested. Consultant must be available for calls and to meet virtually on an as-needed basis.

PROFESSIONAL SERVICES AGREEMENT
Legislative Services

7. Grant Identification, Writing, and Assessment – The Consultant will identify potential state and/or federal grants that would be in line with the City’s mission and values. The Consultant will assist in the writing of grant proposals and the acquiring of letters of support for grant proposals from elected officials.

8. Contract Term – 3 years with option to renew for two (2) additional one-year extensions.

End of this Exhibit

PROFESSIONAL SERVICES AGREEMENT
Legislative Services
Attachment 1 to Exhibit A
CONTRACTOR’S PROPOSAL AND FEE SCHEDULE
(attached)

Proposal for Legislative Advocacy Services | City of Brea Page 1 Proposal for Legislative
Advocacy Services
RFP No. 20224.02.28.01
April 1, 2024
Submitted By:

Townsend Public Affairs, Inc.
1401 Dove Street, Suite 330
Newport Beach, CA 92660
Proposal for Legislative Advocacy Services | City of Brea Page 1

TABLE OF CONTENTS
Title Page ....................................................................................................................................................X Table of Contents.......................................................................................................................................1 Letter of Transmittal ....................................................................................................................2 Qualifications Section .................................................................................................................3 Technical Section......................................................................................................................21 Cost Section .............................................................................................................................29 Forms Section...........................................................................................................................30 Proposal for Legislative Advocacy Services | City of Brea Page 2

LETTER OF TRANSMITTAL
April 1, 2024
Stephanie Garcia, Senior Buyer
City of Brea
1 Civic Center Circle
Brea, CA 92821
Dear Ms. Garcia:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Legislative Advocacy Services to the City of Brea (“City”). TPA has been honored to represent the City since 2007. Over the course of this 18-year partnership, TPA has helped secure several notable accomplishments on behalf of the City, including securing more than $20.7 million in competitive funding for the City’s critical public safety, infrastructure, and community development initiatives, as well as $45.8 million for the region’s public safety programs.

Since its inception in 1998, TPA has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision-makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 150 legislative and regulatory proposals into law and secured over $3 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

Thank you again for your interest in our firm and your consideration of this proposal. TPA affirms our commitment to perform the work within the required time period, as well as that this serves as a firm and irrevocable proposal. Please contact us if you have any questions or need additional information. We would be honored to continue to serve the City of Brea and build on our past successes.

Yours truly,
Christopher Townsend (Authorized to Bind the Firm)
President
Proposal for Legislative Advocacy Services | City of Brea Page 3

QUALIFICATIONS SECTION

BACKGROUND
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Company’s Full Legal Name: Townsend Public Affairs, Inc. • Principal Address: 1401 Dove Street, Suite 330, Newport Beach, CA 92660 • Phone: 949-399-9050
• Fax: 949-476-8215
• Email: [email protected]
• Website: www.TownsendPA.com
• Prior Company Names: N/A
• Years in Business: 25
• Mergers/Buyouts: N/A
• Organizational Structure: Type “C” Corporation
• Principal Owner/Person Authorized to Bind the Company: Christopher Townsend • Advocacy Success: Shepherded over 150 client-sponsored legislative proposals into law
• Funding Success: Over $3 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Number of Employees: 21
• Number of Registered State and Federal Lobbyists and Grant Writers: 17 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K–12 School Districts
o Community College Districts
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QUALIFICATIONS SECTION
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 8th of 491 Firms Registered for 2022–23 Legislative Session o 99th Percentile
• More California public agencies have hired TPA to represent them in Washington, DC than any other advocacy firm in the nation.

TPA does NOT have any pending litigation. Additionally, TPA has NOT had any contracts terminated for cause or any governmental enforcement actions taken against the company during the previous five years.

EXPERIENCE
As the City’s state and federal legislative advocate since 2007 (18 years), TPA is uniquely qualified to understand the unique and diverse needs of Brea’s community, craft a legislative agenda, and then develop and implement an advocacy strategy to achieve success. Throughout the course of this engagement, TPA has achieved significant advocacy successes on behalf of the City, as demonstrated below. Furthermore, we have secured over $20.7 million in funding for City projects and priorities, as well as $45.8 million for the region’s public safety initiatives.

The following is a summary of our successes for the City:

TPA STATE ADVOCACY ACHIEVEMENTS FOR THE CITY OF BREA
Project Description of Efforts
Preserving Landline Access
Advocacy
TPA worked with the City to engage in the regulatory
rulemaking process for a decision pending before the CPUC to phase out the use of landlines serviced by AT&T. This decision could impact telephone access for vulnerable residents
including seniors, and could impact public safety resource delivery during times of rolling blackouts due to fire and wind risks. TPA crafted a comment letter, submitted it to CPUC regulators as a formal party proceeding, and is actively working with a coalition of local governments and various members of the state Legislature to halt this potentially hazardous decision from enactment.

Protection of SB 2 Funding
Advocacy
TPA advocates have worked with the City of Brea, along with other non-entitlement Orange County Cities, to advocate for the disbursement of SB 2 dollars which have been delayed Proposal for Legislative Advocacy Services | City of Brea Page 5

QUALIFICATIONS SECTION
due to late-breaking contingencies associated with housing element compliance. TPA worked with Senator Newman and
other members of the Orange County Delegation, HCD senior staff members, and legislative leadership to push for the release of these critical dollars that ultimately support regional homeless service programs. Most recently, TPA has reengaged the Assembly Speaker’s office, HCD, and budget leaders to advocate for the revision of statutory language to ensure pro-housing designated cities such as Brea receive their share of these funds and are not inhibited by the County’s housing element compliance status.

AB 742 (Jackson, 2022)
During the 2022 Legislative Session, TPA worked with the City to Oppose AB 742, which would have restricted the use of police canines in sensitive public safety operations. If effectively passed, the bill could have taken away a “less lethal force option” for officers looking to change the behavior of a suspect, thus putting peace officers in greater harm. TPA worked with the Author’s office to express concerns, testified in opposition at policy committees, and worked within a coalition of public safety and local government representatives, which ultimately resulted in the bill being held and not
progressing.

AB 1437 (Chen,
2019)
TPA worked with the City of Brea and Assemblymember Chen to sponsor AB 1437. The bill will reallocate the portion of any paramedic tax that is still being captured by the Brea
Redevelopment Successor Agency to the taxing entity to be used for purposes established by the voter-approved local paramedic tax measure. The bill passed the Legislature but was vetoed by the Governor. Following this action, the policy discussion was put on hold by the City due to concerns
expressed by the County of Orange.

AB 97 (Ting, 2017)
TPA worked with a group of North Orange County cities,
including Brea, to create the North Orange County Public Safety Task Force. TPA was responsible for forming the initial idea, bringing the cities together for a regional ask, creating the Task Force and presenting the idea to the Legislature, and
advocating for the funding in Sacramento. The Task Force secured $20 million through the FY 2017-18 State budget request to provide funding for a four-year pilot program to address youth violence prevention and intervention in K-12 schools; promote and enhance the successful reentry of
offenders into the community; and address homeless outreach and intervention efforts. From that $20 million, $1.33 million is allocated directly to the Brea Police Department. The balance of funding is shared among the other cities as well as local community-based organizations, including several
organizations in Brea including the Boys and Girls Club.

Since AB 97 was implemented, TPA has worked with the City to secure an additional $25,800,000 in state and federal funding for the Collaborative, totaling $45.8 million.

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QUALIFICATIONS SECTION
Pension Reform and Prevailing
Wage
TPA worked closely with City of Brea staff and leadership to identify and advocate for a solution to the CalPERS
unfunded pension liability and challenges with prevailing wage. TPA has conducted multiple Sacramento advocacy trips to discuss the issue with Sacramento Legislative Leadership and is continuing to work with the City to identify creative solutions, including sponsoring potential legislation.

Tracks at Brea
TPA has worked in partnership with City Staff to secure over $6.4 million in competitive grant funding for the Tracks at Brea Project over the last 5 years. TPA has been working closely with the City of Brea, the City of La Habra, and the County of Orange to secure support for the Tracks at Brea Western Expansion. TPA coordinated closely with City staff, the City of La Habra, and the County to draft and submit a funding application for the 2018 Active Transportation Program.

SB 354 (Huff, 2015)
TPA sponsored SB 354 (Huff) on behalf of the City of Brea and the City of Fullerton. As the cities were working toward the formation of the JPA, both Brea and Fullerton hired classic public safety employees after December 31, 2012, to replace retiring personnel. CalPERS informed the cities that these employees would be classified as new members under the
Public Employees’ Pension Reform Act of 2013 once they are moved over to the new JPA. SB 354 revised the period during which the authorization granted to a JPA formed by the Cities of Brea and Fullerton to provide specified retirement benefits, as described above, may be applied. The bill authorized the authority formed under SB 1251 to provide its employees with the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power by the joint power authority. SB 354 was signed by the Governor on August 10, 2015.

SB 1251 (Huff, 2014)
TPA sponsored SB 1251 (Huff) on behalf of the City of Brea and the City of Fullerton. The two cities had been working together to facilitate a merger of their Fire Departments into one single entity, which will service both communities. In order to provide consolidated services, maximize cost savings, and maintain local control the cities must enter into a Joint Power Agreement (JPA) to fully merge the two departments. However, in their efforts to form the JPA, the cities became aware that a law passed in 2013, the Public Employees’ Pension Reform Act (PEPRA), prohibited employees, who would be subject to such a merger, from retaining their existing retirement benefits. In order to remedy this situation that had not been contemplated in PEPRA, SB 1251 was introduced to make a technical change to amend state law and allow the two cities to enter into a JPA and fully merge the two departments, while ensuring that existing employees from both cities would be able to keep their retirement benefits at the rate they were hired. SB 1251 was signed into law by the Governor on September 28, 2014.

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QUALIFICATIONS SECTION

TPA FEDERAL ADVOCACY ACHIEVEMENTS FOR THE CITY OF BREA
Project Description of Efforts
COVID-19 Local Governance
Messaging and Funding Advocacy
Throughout the COVID-19 pandemic, TPA led a statewide
effort to advocate for increased local relief funding in the passage of the CARES Act and the American Rescue Plan
(ARPA). TPA worked with its municipal clients, as well as in partnership with the California Mayors Coalition to ensure funding was made available for local jurisdictions. TPA coordinated with the National League of Cities and the White House to utilize and distribute TPA templates, models, and language regarding COVID-19 messaging. TPA facilitated
conversations between the Department of Treasury and local public agencies regarding the implementation and reporting of CARES Act and ARPA funds and was ultimately successful in securing direct funding for local jurisdictions as part of the COVID relief packages.

H.R. 530 (Eshoo)
TPA worked with the City of Brea to push for a solution to recent FCC actions to restrict local control in the forthcoming 5G wireless infrastructure expansion. TPA worked with
Congresswoman Eshoo’s office to introduce H.R. 530, which would fully nullify the FCC actions. TPA also urged
Congressman Cisneros’s office to cosponsor the bill on behalf of the City and worked with other members of the California delegation to drum up additional support. The bill currently boasts 48 cosponsors, including 19 from the California
delegation. Furthermore, TPA successfully urged Senator Feinstein’s office to introduce a companion bill in the Senate, which increases the legislation’s likelihood of passage. The House version of the bill was referred to the House Energy and Commerce Committee, however, a public hearing on
the topic was not scheduled prior to the 118th Congress ending. TPA joined efforts to call for the FCC to issue a stay on the 5G order until the courts reached a decision.

Lambert/57 Interchange
TPA worked with the City's congressional representatives through the appropriations process to fight for increased funding for priority transportation programs, including INFRA and the National Highway Freight Program. Additionally, TPA leveraged the City's representatives to advocate for its individual applications that were submitted for grant funding. Ultimately, the City received $65 million for the Lambert/57 Interchange project through the National Highway Freight Program, which funds the Trade Corridor Enhancement Program.

LIHWAP
TPA worked with City Staff to be a part of the initial supporters of Senator Padilla’s introduced legislation that makes permanent a COVID-19 relief program for low-income water and
wastewater services. The Low-Income Household Water
Assistance Program (LIHWAP) Establishment Act was
introduced in February by Senator Padilla and was established in December. TPA worked with the office to push for a hearing of this legislation in the Senate Environment and Public Works (EPW) Subcommittee. The federally-funded program offers assistance to help low-income households pay residential water and sewer bills and manage their residential water utility costs.

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QUALIFICATIONS SECTION

TPA FUNDING ACHIEVEMENTS FOR THE CITY OF BREA
Year Funding Source Amount Awarded
2008 Department of Transportation, Safe Routes to School Grant $150,300 2009
Department of Transportation, Bicycle Transportation Account Grant $1,000,000 Department of Transportation, Community-Based Transportation Planning Grant $80,150
2010
Environmental Protection Agency, Brownfield Clean Up Grant $141,085 Orange County Transportation Authority, Transportation
Development Act, Brea Rails to Trails $500,000
Natural Resources Agency and Strategic Growth Council,
Proposition 84 Urban Greening Project Grant $500,000
2011
Department of Parks & Recreation, Land Water and Conservation Fund, The Tracks at Brea $214,000
Environmental Protection Agency, Revolving Loan Fund $1,000,000 Department of Housing & Community Development, HousingRelated Parks Program $183,350 Department of Transportation, Safe Routes to School Grant $273,600 Federal Emergency Management Agency, Assistance to
Firefighters Grant $137,920
2012
Department of Parks & Recreation, Habitat Conservation Fund, The Tracks at Brea $200,000
Department of Parks & Recreation, Land Water and Conservation Fund, The Tracks at Brea $550,851
Department of Transportation, Safe Routes to School Grant $450,000 Orange County Transportation Authority, Bicycle Corridor Improvement Program $836,150
2013 Department of Housing & Community Development, HousingRelated Parks Program $483,650 2014
Natural Resources Agency and Strategic Growth Council,
Proposition 84 Urban Greening Grant $950,000
Congestion Mitigation Air Quality Grant, Bicycle Corridor Improvement Program $999,272
Department of Transportation, Active Transportation Program Grant, The Tracks at Brea $2,557,000
Department of Transportation, Active Transportation Program Grant, The Tracks at Brea $2,484,000
2015
Environmental Protection Agency, Brownfield Clean Up Grant $600,000 Department of Transportation, Active Transportation Program Grant, The Tracks at Brea $652,000
2017 Board of State and Community Corrections, North Orange County Public Safety Task Force $1,330,000
2021 CalFire Fire Prevention Grants Program $436,462
2022 Department of Housing and Urban Development FY 2022 Community Project Funding, The Tracks at Brea $2,000,000 2024 Department of Housing and Urban Development FY 2024 Community Project Funding, Arovista Park $2,000,000
TOTAL FUNDING ACHIEVEMENTS $20,709,790
Proposal for Legislative Advocacy Services | City of Brea Page 9

QUALIFICATIONS SECTION
Since 2017, TPA has worked with the City of Brea and other North Orange County cities to create the North Orange County Public Safety Collaborative and secure continued funding for its efforts to reduce youth violence, promote and enhance the successful reentry of offenders into the community; and address homeless outreach and intervention efforts. Since its inception, TPA has worked with the Collaborative to secure $45.8 million in funding for the Collaborative’s public safety priorities.

These funds have been allocated to be used for programs to address youth violence prevention and intervention in K-12 schools, programs to promote and enhance the successful reentry of offenders into the community, and programs to address homeless outreach and intervention efforts. With the recent appointment of Brea Police Chief Adam Hawley as Chairman of the NOCPSC, as well as the City of Brea as a fiscal agent, TPA recognizes the critical importance of this initiative to not only the cities of North Orange County but specifically to the City of Brea.

Program & Project Amount Secured Year
Federal Budget Earmark: North Orange County Public Safety Collaborative Funding $5,000,000 2023
State Budget Earmark: North Orange County Public Safety Task Force Funding $8,000,000 2022
Federal Budget Earmark: North Orange County Public Safety Task Force Funding $5,000,000 2022
State Budget Earmark: North Orange County Public Safety Task Force Funding $7,800,000 2021
State Budget Earmark: North Orange County Public Safety Task Force to Provide Gang Prevention and Intervention Services and Homeless Prevention and Outreach Services
$20,000,000 2017
TOTAL AMOUNT SECURED FOR THE NOCPSC: $45,800,000
References for whom TPA has provided similar services can be found under the “Standard Forms” section of this proposal.

QUALIFICATIONS
STATEMENT ON FINANCIAL RESPONSIBILITY:

TPA has remained in excellent financial standing since its incorporation in 1998. The firm has NO conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede its ability to complete the contract.

DEMONSTRATED TECHNICAL ABILITY:

TPA has raised the bar amongst legislative advocacy firms with a California focus. As the City’s state and federal legislative advocate for the past 18 years, TPA has a unique understanding of the City, its communities, and priority projects. Since 2007, TPA has engaged in countless highpriority legislative items and has secured over $20.7 million in competitive funding for the City’s legacy projects and more than $45 million in legislative-directed funding for the North Orange County Public Safety Collaborative. These successes are a result of TPA advocates’ diligent engagement, commitment to the City’s goals, expansive policy expertise, and networks of invaluable relationships, as well as the firm’s ability to work seamlessly and intelligently with City staff.

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TPA has four offices strategically located across the state, as well as in Washington, DC, providing clients with unparalleled access to top decision-makers in both the state and federal governments.

The firm’s active presence in Sacramento and Washington, DC positions our team perfectly to achieve results that other firms simply cannot. Since its founding in 1998, TPA has provided customized legislative and funding advocacy for more than 250 public agencies throughout California. As Champions for Better Communities, TPA works diligently to advance the legislative and funding priorities of local communities in order to ensure all California residents, families, and businesses have the resources they need to thrive. Through the proven advocacy methods outlined below, TPA has achieved tremendous legislative and funding victories on behalf of our clients:
• Relationships: TPA has cultivated and maintains an extensive network of powerful and longstanding relationships that will be leveraged to meet the City’s needs. TPA works directly with top executives, as well as key members of their staff, in both Sacramento and Washington, DC, including in the State Legislature, Congress, and various state and federal agencies. With extensive experience in California and Federal politics, the TPA team has the know-how and strategic relationships to strategically support and advise the City on policy strategy and funding advocacy, as well as the ability to execute the strategies to achieve results. TPA’s diligent advocacy strategies, in tandem with the consistent engagement of valuable relationships, will undoubtedly lead to significant successes for the City. • Legislation: Through years of hard work and a focus on customer service, TPA has built a strong reputation in Sacramento and Washington, DC as an effective legislative advocate on behalf of local public agencies and nonprofit organizations. TPA works hand-in-hand with clients to develop and promote new legislative proposals that advance priorities and solve issues facing clients. TPA will monitor, analyze, and prioritize legislation, as well as develop a legislative strategy that is specifically tailored to the City and its members. TPA has been successful with shepherding dozens of client-sponsored pieces of legislation into law under different administrations including: Presidents Clinton, Bush, Obama, Trump, and Biden, as well as with the Gubernatorial Administrations including Davis, Schwarzenegger, Brown, and Newsom. Additionally, TPA protects clients against harmful legislation by working to defeat bills or crafting solutions to fix errant proposals.
• Funding: Since 1998, TPA has secured over $3 billion in public funding for client projects in the areas of water and wastewater, transportation, housing and development, parks and recreation, public safety, education, and cultural resources. This success includes more than $20.7 million in funding directly for the City’s priority projects, of which $4 million was secured through the FY 2022 and FY 2024 Federal Community Project Funding processes. TPA works with its clients through every step of the funding process, starting as early as the creation of relevant funding opportunities through legislative, budget, and bond proposals. TPA then works to submit funding requests and influence any legislative and regulatory processes in place to distribute and award funds. In partnership with clients, TPA advocates aggressively to ensure funding requests are successful and priority projects are able to become reality. • Attention to Detail: The TPA team works with clients to craft and execute an agenda focused on implementing legislative and funding solutions for legacy projects at all levels of government. The firm is made up of team members with their own areas of expertise, who will collaborate and work together to achieve ultimate results. This means the City will have a dedicated Project Manager, as well as the benefit of having a variety of subject experts at its Proposal for Legislative Advocacy Services | City of Brea Page 11

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disposal who are at the top of their field to tackle projects and issues of the City. As an extension of City staff, TPA will organize advocacy trips to Washington, DC, and Sacramento to engage first-hand on priority issues and ensure the City’s priority issues and projects are at the top of the minds of lawmakers. These efforts, combined with tactical and consistent followup, will ensure the City can maximize all legislative and funding opportunities. TPA’s Washington, DC, office is strategically located on Capitol Hill, within a short walk to the House and Senate Office Buildings. Additionally, TPA’s Sacramento office is located just steps away from the State Capitol Building. TPA advocates work hard to ensure client advocacy trips are seamless – from arrival to departure.

SPECIAL QUALIFICATIONS:

As a firm comprised of both registered lobbyists and grant writers, TPA engages in active and ongoing grant funding and submittal advocacy—in addition to the submittal of earmark requests— on behalf of our clients. TPA recognizes that active advocacy before, during, and after the funding submittal process is a key component to funding success. Since its founding, TPA has provided customized grant writing and funding advocacy for over 250 public agencies throughout the State of California and has excelled in providing full-service legislative advocacy and grant funding services that maximize all avenues of funding at the state, federal, and local levels.

PROPOSED TEAM AND EXPERIENCE:

With a team of 17 registered state and federal legislative and funding advocates, TPA has the breadth and depth of experience AND the ability to deploy as many advocates as needed to maximize success for the City while minimizing the burden on City staff. TPA proposes a dedicated team of three people to perform state and federal legislative advocacy services for the City.

Cori Takkinen
Vice President
Role: Co-Lead State Legislative Advocate
Sammi Maciel
Associate
Role: Lead Federal Legislative Advocate
Carlin Shelby
Associate
Role: Co-Lead State Legislative Advocate
Resumes for each member of the client service team can be found on the following pages.

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Cori Takkinen, Vice President: Cori brings 15 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of local governance, transportation, water resources, infrastructure, sanitation, parks and recreation, and economic development.

Townsend Public Affairs, Inc.

Vice President 2011–Present
Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal issues, Cori has strong experience building coalitions, identifying synergies, and leveraging all available opportunities to achieve success. Cori has a strong network of relationships with State and Federal Legislators, key staff, and various state and federal agencies. Some of Cori’s accomplishments include:
• Beginning in 2017, Cori worked with a group of North Orange County cities to create the North Orange County Public Safety Collaborative. Cori was responsible for forming the initial idea, bringing the cities together for a regional ask, creating the Collaborative presenting the idea to the Legislature, and advocating for the funding in Sacramento. The Collaborative secured $20 million through the FY 2017-18 State budget request to provide funding for a four-year pilot program to address youth violence prevention and intervention in K-12 schools; promote and enhance the successful reentry of offenders into the community; and address homeless outreach efforts. Since then, Cori has worked with the Collaborative to secure an additional $20.8 million in funding, including $5 million during the FY 22 federal appropriations process through the offices of Senator Alex Padilla and Representative Young Kim. In the FY 23 appropriations process, Cori helped secure an additional $5 million through the offices of Senator Padilla and Representative Young Kim. Cori has also helped secure $7.8 million in funding through AB 128 in 2021 and $8 million in funding through SB 178 in 2022. • Cori worked with the City of Brea to secure over $10 million from local, state, and federal sources for the Tracks at Brea project. The project is a four-mile multi-use rail-to-trail project that will traverse the City. Funding sources include the US Environmental Protection Agency, California Natural Resources Agency, Strategic Growth Council, California Transportation Commission, and the Southern California Association of Governments.
• Leveraging relationships with the California Federal delegation, Cori had over $25 million in Community Project Funding (or earmarks) included in the nine appropriations bills that passed the House in FY 2022. In addition, Cori leveraged her relationships with Senator Padilla and Senator Feinstein to ensure the inclusion of several projects in the Senate Appropriations bills. Cori maintains a close relationship with Senator Padilla from his previous tenure in the State Senate as well as through his tenure on the Board of Directors of the Discovery Science Foundation, the founding client of Townsend Public Affairs. • On behalf of the City of Newport Beach, Cori helped to successfully secure a state audit request of the State Department of Health Care Services (DHCS) and their management of sober living homes. Cori worked with City and state legislative staff to help craft the state audit request of DHCS and advocated to members of the Joint Legislative Audit Proposal for Legislative Advocacy Services | City of Brea Page 13

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Committee (JLAC). The request was approved unanimously by the JLAC and has directed the State Auditor to conduct its investigation to provide a resolution for the City, as well as other cities across the State.
• In the FY 2021–22 State Budget, Cori worked with several municipal and nonprofit clients to secure $54 million in budget earmarks for priority projects, including funding for mental health, public safety, infrastructure improvements, and parks and trails improvements. • Cori worked on behalf of the City of La Habra to secure a direct funding allocation in the FY 2021–22 State Budget in the amount of $8.5 million to repair an underground culvert in La Habra that collapsed due to a period of heavy rainfall. The culvert is a critical regional channel that provides drainage to the City of La Habra and a portion of North Orange County. This is a critical infrastructure project to protect public health and to protect one of North Orange County’s busiest traffic corridors.
• Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018–19 State Budget in the amount of $4 million to upgrade water infrastructure within the City. TPA worked with the City’s legislative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City’s water customers to have real-time access to their water usage, which will help facilitate water conservation and reduce customers’ utility bills.
• Cori worked with the Orange County Water District and the Orange County Sanitation District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly treated and recycled GWRS water for educational purposes. The bill was the first legislation in the nation that allowed for the direct bottling of advanced treated recycled water. TPA secured bipartisan support for the legislation, and it was signed into law. • Cori worked with the State Legislature and Administration on the development and implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Cori supported a variety of clients to create specific funding opportunities to achieve desired results. In addition to securing funding opportunities for municipalities, Cori’s efforts with Proposition 68 resulted in $4.8 million to fund a conservation program at West Coyote Hills in Fullerton as well as $3.5 million to fund science education at the Discovery Cube Orange County.

County of Orange, Board of Supervisors
Policy Advisor for Supervisor John Moorlach 2010
Cori served as a policy advisor for the then-County of Orange Supervisor (and who is now a Senator in the State Legislature). Cori was responsible for research, analysis, and subsequent recommendations of all policy issues relating to Orange County Public Works as well as state and federal legislation. Cori served as a liaison between the Supervisor and County staff, constituents, and community groups.

Tom Campbell for US Senate Campaign 2010
Chapman University, Orange, CA
Master of Public Administration 2014
Claremont McKenna College, Claremont, CA
Bachelor of Arts Economics and Government with Leadership Sequence 2011 Proposal for Legislative Advocacy Services | City of Brea Page 14

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Sammi Maciel, Associate: Sammi brings seven years of federal legislative, funding, and public policy experience. Sammi has experience managing legislative activity, including bill analysis, research, and drafting, particularly for federal funding opportunities. Sammi has expertise in several policy sectors including local governance, transportation, broadband, energy, and cultural resources.

Townsend Public Affairs, Inc.

Associate 2021–Present
Since joining TPA, Sammi has kept clients informed of significant actions and pertinent developments in the federal government and strategizes ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Sammi’s experiences include:
• As TPA’s principal federal funding expert, Sammi helped lead the firm’s federal appropriations process over the last three years, during which more than $177 million in federal Community Project Funding has been secured for clients’ priority projects.

Sammi worked both within the firm and with clients to ensure projects were submitted with the highest likelihood of success.
• Sammi has strong relationships with key officials within the Department of Transportation, Energy, and Environmental Protection Agency, which have been critical in helping to advocate and navigate the hundreds of new funding opportunities implemented through the Bipartisan Infrastructure Law and Inflation Reduction Act. Sammi has leveraged these relationships to guide clients in the submittal process for the millions of dollars available to improve our client’s infrastructure priorities.
• In FY 2023, Sammi worked with the City of Half Moon Bay to secure a $2 million earmark for the City’s Highway 1–Frenchman Creek Intersection and Bike/Pedestrian Improvement project. Sammi assisted in developing and submitting the project for consideration and leveraged her extensive federal relationships to ensure success. • Sammi’s four years of experience working for two California Senators has led to an extensive network of relationships both on Capitol Hill and within federal agencies. Her understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the Senate and House are important to successfully advocating for California-based clients. • Sammi has firsthand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre-2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Sammi has utilized her experience to successfully aid clients in securing millions of dollars worth of earmarks in the FY22 and FY23 process.

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• Sammi has identified new and previously underutilized federal grants for the benefit of TPA clients. She has leveraged her relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzzwords required for successful grant applications. Sammi then leverages that information to help TPA clients develop and submit more competitive federal grant applications and provides more effective tailored advocacy to secure funding awards.

U.S. Senate, Office of Senator Kamala Harris (CA)
Field Representative 2019–2021
Sammi represented a 30-county region on behalf of Senator Harris, attending events, hosting meetings, and facilitating outreach to constituents. She tracked key issues, facilitated rapid response, and built an extensive network of relationships with local elected officials and advocacy groups within her 30-county region. Additionally, Sammi drafted letters of support on behalf of her region addressed to numerous federal agencies, requesting funding for key projects.

U.S. Senate, Office of Senator Dianne Feinstein (CA)
Legislative Analyst Summer of 2017
As a legislative intern with Senator Dianne Feinstein’s office, Sammi researched and drafted memos for state field representatives regarding state legislature bills in the policy areas of transportation and water infrastructure, cannabis, and sanctuary cities.

Dominican University of California
Bachelor of Arts, Political Science 2017
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Carlin Shelby, Associate: Carlin brings over seven years of government affairs experience to TPA. Carlin has state legislative experience in areas such as municipal finance, housing and land use, community services, pension reform, environmental sustainability, and budget. Carlin maintains strong relationships with members of the legislature, committee consultants, staff, and local government stakeholders.

Townsend Public Affairs, Inc.

Associate 2021–Present
Since joining TPA, Carlin has worked diligently with clients to implement their legislative advocacy agendas in Sacramento. Some of her work includes:
• Carlin worked with Assembly and Senate leadership and Budget Chairs to advance over $20 million in community project funding requests for clients in the 2022 and 2023 State Budget Acts.
• Carlin has worked with clients on strategies to secure funding within numerous statewide bond proposals related to climate resiliency, housing production, and behavioral healthcare infrastructure. These efforts include work with Legislators, staff, the Governor’s Administration, and various stakeholders to highlight client priorities and position clients as thought leaders for the effective implementation of these massive spending proposals. • Carlin has provided strategic advocacy and advisory services for clients regarding municipal finance policy and potential changes to revenue-generating local tax regimes. • Carlin was instrumental in convening a regional task force of law enforcement officials to discuss the public safety impacts of reckless electric bicycle usage. She used the information and insights gathered to work with legislators to develop a measure intended to generate data on e-bike usage and incidents and to inform future policies on safety regulations.
• Carlin has worked to build advocacy tools for clients such as detailed legislative analyses, tracking matrices, position letters, and verbal presentations of priority policy proposals. • Carlin has provided expert analysis and feedback on a variety of policy issues for clients.

She has written letters and official correspondence to bring client concerns to the attention of decision-makers in Sacramento while helping navigate the legislative process.

League of California Cities
Legislative and Policy Development Analyst 2017–2020
Carlin was responsible for analyzing legislation and developing strategic policy positions to benefit cities throughout California. Carlin also maintained stakeholder relations with various government agencies and government-proxy organizations to implement policy agendas crucial to local government clients.

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Press Office of Assembly Speaker Anthony Rendon
Press Assistant 2017
Carlin worked for Assembly Speaker Anthony Rendon and was responsible for maintaining communications between the legislature and major news outlets as well as communicating the Speaker and Democratic Caucus’ policy agendas.

The California Building Industry Association (CBIA)
Government Affairs Analyst 2016
Carlin worked to implement CBIA’s policy agenda with emphasis on the issue areas of housing and land use. Carlin also provided strategic campaign support on the CBIA-sponsored school bond initiative.

California State University, Sacramento
Bachelor of Arts, Political Science 2021

UNDERSTANDING
PROJECT UNDERSTANDING:

As the political landscapes in both Sacramento and Washington, DC continue to shift and elections loom closer, TPA understands the critical importance of engaging and advocating for the City’s priorities at the state and federal levels to ensure Brea secures the necessary resources it needs to continue to grow and thrive. Throughout this engagement, TPA will aggressively engage on issues of importance to the City, including those identified below:

Impending State Budget Challenges
The Legislature has recently undergone a series of massive changes including new leadership in both the Assembly and Senate, a host of freshman legislators, and a shift in policy priorities.

Several state-level issues could potentially impact the City over the next few years. One issue with significant potential impacts for every City in California is the impending state budget deficit.

Due to the severe winter storms and disaster declarations in January, the IRS and California Franchise Tax Board (FTB) elected to extend the tax filing deadline to October 16, 2023, which was subsequently re-extended to November 16, 2023. The extension is relevant to State budgetary decisions because most high-income earners waited until the last minute to file 2022 tax returns, settle up 2022 income taxes, and pay their first three-quarters of estimated 2023 taxes. On December 1, the Legislative Analyst’s Office (LAO) released a revenue outlook report reflecting the tax returns status following the unprecedented filing delays. Overall, the updated revenue outlook anticipates collections to come in significantly below Budget Act projections across the 2024-25 budget cycle.

In acknowledging an impending state budget shortfall, it is critical that the City fight to minimize the impacts on City priorities. This will include ensuring the City’s delegation is aware of its priorities and fights to protect the funding for those programs. This effort needs to begin as soon as possible and continue through the spring to keep the City’s needs at the forefront of the Legislature’s agenda.

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TPA is positioned to work with Budget leadership, the Administration, and the Department of Finance to advocate that the City’s housing programs remain stable in upcoming budget years and the City’s existing programs are maintained, even in the face of an impending deficit.

Fentanyl Overdose Crisis
Another legislative issue that was relatively unaddressed this year but that will become a higher priority in the coming years is the state’s response to the fentanyl overdose crisis. With the Speaker’s recent announcements, the Assembly Public Safety Committee will now be chaired by Assembly Member Kevin McCarty of Sacramento, a notable change in leadership after the contentious outcomes of last year's Committee hearings regarding fentanyl overdose prevention.

Previous Public Safety Committee Chairs have been criticized for the Committee's decision to hold in Committee legislation related to child sex trafficking and the fentanyl crisis. The crux for holding these measures lies in the difference between progressives and moderates on whether adding to the State’s penal code would result in tangible reductions in substance distribution, or if it would cause negative impacts to the state’s incarceration levels and minority communities.

TPA has a strong relationship with Assembly Member McCarty and will be able to assist the City and the Orange County delegation with significant legislation to begin to address this critical health crisis. For example, TPA will take an active role in advocating for policy changes such as Alexandra’s Law (SB 22, Umberg, introduced during the 2024 Legislative Session), and represent the City’s perspective on it and other related measures.

Housing and Local Land Use Authority
While the Legislature over the last several years has focused on encouraging more housing through streamlining the development process, more recent discussions have suggested that their focus is shifting to identifying ways to make housing more affordable through local land use decision-making. The City’s land use authority is sacrosanct, and TPA has decades of experience fighting the state’s efforts to undermine that authority.

TPA will continue to work with clients, partners, and other stakeholders to defend local autonomy when it comes to land use decisions. Through developed relationships in both the Senate Governance and Finance Committee and the Assembly Local Government Committee, TPA has the inside track on all the discussions related to the state’s role in local government decisions and will advocate for the City’s perspective going forward.

Organized Retail Theft
As a response to the retail theft crisis in California, the Legislature established the Organized Retail Theft (ORT) Prevention Grant Program through the Budget Act of 2022 (Senate Bill 154).

Additionally, to further address the state’s challenge, Assembly Speaker Robert Rivas formed a Select Committee on Retail Theft, appointing Assembly Member Rick Chavez Zbur as the Chair.

The purpose of the committee is to provide a forum to engage impacted stakeholders to identify policy solutions to the ongoing crisis that communities throughout the state are experiencing.

Stakeholders are anticipated to include large retailers, small businesses, criminal justice reform advocates, law enforcement, and representatives of workers and the public. The Select Committee has kicked off hearings during the 2024 legislative session and numerous legislative proposals have emerged to mitigate thefts through statutory reforms to close public safety loopholes via prosecutorial resources and Proposition 47 reforms.

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The Legislature must continue to prioritize combating California’s retail and cargo theft crisis. TPA will work with the City to ensure this issue remains on the agenda and will fight for additional funding for grants in 2024. In particular, Assembly Member Cottie Petrie-Norris and Blanca Pacheco, close TPA allies, are members of the Select Committee and will be great advocates for the City and Orange County on this issue. The issue of retail theft is particularly salient to the City of Brea, given the presence of multiple major retail centers servicing the Orange County region, including the Brea Mall.

Behavioral Health Bond
One of the future opportunities for Brea and the North Orange County Public Safety Collaborative and its affiliate organizations is the Governor’s behavioral health bond and related policy changes.

The Governor’s proposal, Proposition 1, passed the March 2024 ballot and will provide $6.38 billion in additional funding to support residential care facility construction and further support the efforts of the Mental Health Services Act (MHSA). Of most interest to the City is the set aside of $1.5 billion for cities and counties for funding for behavioral healthcare facilities. This is a major opportunity for additional funding specifically for local governments that do require funding to be split between continuums of care, unlike other homeless funding measures. TPA is well positioned to advocate on behalf of the City to direct funding to support these services and engage with agencies responsible for programming funding. Homelessness and behavioral health reforms will continue to be a focus of the Legislature and the Governor, as they will continue to build upon recent efforts like CARE Court and reforms to the Mental Health Services Act.

Implementation of the Inflation Reduction Act & Bipartisan Infrastructure Law Over the past three years, the federal government has begun implementation of large infrastructure and environmental packages. TPA continues to track the implementation of both the Bipartisan Infrastructure Law and the Inflation Reduction Act to ensure that the City of Brea is taking advantage of the new funding programs available to assist City projects. Key programs include Safe Streets for All and Active Transportation Infrastructure Investment Program to invest in City-planned projects such as safe routes to school and expanding bike routes through the City that connect with the tracks at Brea.

The expansion of the elective pay tax credit will help the City implement planned hardening infrastructure to City-owned infrastructure, such as additions of solar paneling on City buildings and investment in Electric City-owned vehicles.

APPROACH TO MANAGING RESOURCES:

TPA state and federal advocates diligently work to build and leverage relevant relationships, coordinate with stakeholders, monitor and analyze legislation, implement quality control measures, and maintain consistent communications to identify and pursue all legislative opportunities relevant to the City’s interests. TPA will rely on City staff for specific timely engagement on legislative issues throughout the state and federal legislature processes, as well as to provide applicable technical project information for legislative-directed spending opportunities. However, TPA will work to reduce the burden on City staff while implementing its state and federal legislative agendas. This approach enables the TPA team to be an extension of City staff, ensuring that both TPA and the City continue to work together seamlessly to secure legislative successes in the current political and funding environments in Sacramento and Washington, DC.

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TPA’s team of 17 state and federal legislative advocates has the capacity to work collaboratively and diligently to pursue multiple opportunities on behalf of the City at any given time. Our unique comprehensive approach to advocacy ensures that no opportunity is missed, and the City is aware of any and all legislative and funding activity occurring at the state and federal levels.

Through consistent communication and proactive engagement, TPA’s team of advocates will be able to quickly respond to legislation, coordinate with City staff, and implement the appropriate advocacy strategies within the timeframes of the City, state, and, federal governments.

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APPROACH
TPA will utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the City. The team members primarily responsible for executing these strategies will be Vice President Cori Takkinen, Associate Sammi Maciel, and Associate Carlin Shelby; however, TPA’s additional 14 legislative and funding advocates will be leveraged by the team to ensure comprehensive engagement in all legislative and funding areas. • Conduct Detailed Orientation: TPA will utilize a continuation of our comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration.
• Implement the Legislative Strategy: TPA will advocate for the City’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.

These relationships include key officials in Sacramento and Washington, DC:

Governor’s Administration and Agency
Leadership:
• Governor Gavin Newsom
 Executive Secretary Dana
Williamson
 Senior Counselor Jason Elliott
 Hafsa Kaka, Senior Advisor on
Homelessness
• Lieutenant Governor Eleni
Kounalakis
• State Treasurer Fiona Ma
• State Controller Malia Cohen
• Attorney General Rob Bonta
• Superintendent of Public Instruction
Tony Thurmond
• Secretary Wade Crowfoot, Natural
Resources Agency
• Secretary Toks Omishakin,
California State Transportation
Agency
• Secretary Amelia Yana Garcia
Gonzalez, California Environmental
Protection Agency
• Secretary Tomiquia Moss, Business,
Consumer Services, and Housing
Agency
• Director Armando Quintero,
Department of Parks and Recreation
• Director Karla Nemeth, Department
of Water Resources
• Director Joe Stephenshaw,
Department of Finance
• Director Gustavo Velasquez,
Department of Housing and
Community Development
State Legislative Leadership:
• Senate President Pro Tempore
Mike McGuire
• Senate Majority Leader Lena
Gonzalez
• Senate Republican Leader Brian
Jones
• Assembly Speaker Robert Rivas
• Assembly Speaker Pro Tempore
Jim Wood
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• Assembly Majority Leader Cecilia
Aguiar-Curry
• Assembly Republican Leader
James Gallagher
Key Legislative Committee Leadership
• Senate Appropriations Chair Anna
Caballero
• Senate Budget Chair Scott Wiener
• Senate Human Services Committee
Chair Marie Alvarado-Gill
• Senate Transportation Committee
Chair Dave Cortese
• Senate Natural Resources and Water
Committee Chair Dave Min
• Senate Public Safety Committee
Chair Aisha Wahab
• Assembly Transportation Committee
Chair Lori Wilson
• Assembly Appropriations Chair Buffy
Wicks
• Assembly Budget Chair Jesse
Gabriel
• Assembly Local Government
Committee Chair Juan Carrillo
• Assembly Housing and Community
Development Committee Chair Chris
Ward
• Assembly Water, Parks, and Wildlife
Committee Chair Diane Papan
Federal Legislative Leadership:
• Senator Alex Padilla
• Senator Laphonza Butler
• Representative Mark DeSaulnier
• Representative Barbara Lee
• Representative Eric Swalwell
• Representative Ro Khanna
President’s Administration and Federal
Agencies:
• Department of Transportation
• Evan Wessel, Deputy
Assistant Secretary for
Intergovernmental Affairs
• Department of Energy
• Rose Dady, Director of
Community Engagement
• Federal Transit Administration
• White House Office of
Intergovernmental Affairs
• Stephanie Sykes, Special
Assistant to the President
• Department of Commerce
• Michell Morton, Broadband
Program Specialist
• Department of Homeland Security
• Department of Housing and Urban
Development
• Patrick Byrne, Deputy
Assistant Secretary,
Intergovernmental Relations
• Chi Chukwuka, Senior
Advisor
• Department of the Interior
• Department of Justice
• Shannon Long, COPS Office
• Department of Labor
• Army Corps of Engineers
• Mark Cohen, Operations
Division Chief, Los Angeles
District
• Lisa Sandoval, Civil Works
Branch Chief, Real Estate
Division
• Darrell Buxton, Chief Civil
Works Branch, Los Angeles
District
• Bureau of Reclamation
• Jack Simes, Area Manager,
Southern California Area
Office
• Federal Aviation Administration
• Faviola Garcia, Deputy
Regional Administrator
• Nathan Morrissey,
FAASTeam Ops
• Economic Development
Administration
• Environmental Protection Agency
• Martha Guzman, EPA
Region 9 Administrator
• Jamie Piziali, Municipal
Ombudsman
• National Park Service
Key Congressional Legislative
Committees:
• Senate Appropriations Committee
• Senate Commerce, Science, and
Transportation Committee
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• Senate Environment and Public
Works Committee
• House Appropriations Committee
• House Transportation and
Infrastructure Committee
o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:
 Schedule meetings for the City to discuss relevant legislation  Prepare all briefing materials and talking points for the City  Brief legislative offices and stakeholders on the City’s legislative agenda  Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda.

Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.

For advocacy trips to Washington, DC, TPA will handle all details of the trip, including, but not limited to:
 Planning and scheduling of meetings
 Providing logistical support, including airport pickups, hotel pickups, travel to and from meetings
 Providing access to a private office within walking distance to the Hill and with immediate access to the Metro
 Coordinating all meal reservations, including scheduling with key members to attend
 Access to the National Democratic Club
 Access to the Capitol Hill Club (National Republican Club of Capitol Hill)  Organizing any additional activities of interest (White House tour, VIP Capitol Tour, Monument Tour, African American Museum tickets, etc.) o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City. TPA will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
o Engage in the Rule-Making Process: TPA will coordinate with the City to engage during the federal rule-making process to ensure the City’s legislative agenda is being promoted and protected in Washington, DC. Engagement activities will include crafting and publishing public comments and contacting legislators to convey either support or opposition to the proposed rule.

Proposal for Legislative Advocacy Services | City of Brea Page 24

TECHNICAL SECTION
o Special Projects Facilitation: TPA will be a special project facilitator for the City before state and federal agencies on funding matters and to develop project guidelines, policy, and resolution statements. TPA will also assist the City with strategic communication or crisis response, if needed, relative to the County’s legislative affairs activities.
o State Budget Funding Opportunities: To maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: To maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
o Grant Identification, Writing, and Assessment: TPA will identify potential state and/or federal grants that would be in line with the City’s mission and values. TPA will also assist in the writing of grant proposals and the acquiring of letters of support for grant proposals from elected officials.
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.

PROPOSED SCHEDULE
The below table outlines the annual state legislative strategy TPA will deploy on behalf of the City.

April
State Activity:

Assembly and Senate Budget Committees and Subcommittees to hold hearings on the State Budget
TPA will continue to conduct advocacy efforts in Sacramento to advance legislative and funding priorities. Efforts will include, but not be limited to, meetings with Assembly and Senate Leadership, key Budget Committee Members and staff, key Assembly and Senate Budget Subcommittee Members and Staff, and key members of the Newsom Administration.

Proposal for Legislative Advocacy Services | City of Brea Page 25

TECHNICAL SECTION
State Legislation:

Policy Committee Meetings
End of April – deadline for Policy Committees to hear fiscal bills TPA will work with the City to recommend positions on relevant legislation. TPA will advocate on behalf of the City on priority bills.

May
State Activity:

Governor releases May Budget Revise (Does not include Member requests) Assembly and Senate Budget Committees and Subcommittees to hold hearings on the State Budget
TPA will continue to conduct advocacy efforts in Sacramento to advance legislative and funding priorities. Efforts will include, but not be limited to, meetings with Assembly and Senate Leadership, key Budget Committee Members and staff, key Assembly and Senate Budget Subcommittee Members and Staff, and key members of the Newsom Administration.

State Legislation:

Policy Committee Meetings
End of May – Deadline for bills to move out of their house of origin TPA will work with the City to recommend positions on relevant legislation. TPA will advocate on behalf of the City on priority bills and will report any updates on priority legislation
June
State Activity:

Assembly and Senate Budget Committees and Subcommittees to hold policy hearings on the State Budget
Mid-June Legislature must approve final State Budget
State Legislation:

Policy Committee Meetings
TPA will work with the City to recommend positions on relevant legislation. TPA will advocate on behalf of the City on priority bills.

July
State Activity:

Governor deadline to sign State Budget
TPA will provide the City with detailed reports overviewing budget allocations and funding opportunities included in the final budget.

State Legislation:

Last Day for Policy Committees to Meet
Summer Recess
August
State Legislation:

Beginning of August - Legislature reconvenes from Summer Recess Last Week of August - Last day of Legislative Session
TPA will advocate on behalf of the City on priority bills in the last month of session.

Proposal for Legislative Advocacy Services | City of Brea Page 26

TECHNICAL SECTION
September
State Legislation:

Beginning – Mid September - Last day for Governor to sign or veto Legislation TPA will submit veto and signature request letters on behalf of the City. TPA will confer regularly with legislative staff within the Governor’s Office to understand the next steps and the Governor’s reasoning behind his signature or veto of priority bills.

October
State Activity
Legislative Recess
TPA will provide post-mortem reports on failed legislation, implementation basics on passed legislation, and next steps for how best to articulate outcomes from the Legislative Session.

November
General Election
TPA will begin conducting internal discussions with the City staff regarding upcoming priorities and identify legislative priorities for the next year.

December
State Activity:

TPA will conduct initial conversations with the City’s State Legislative Delegation about legislative and funding priorities.

TPA will work with the City to finalize the list of pipeline projects and the City’s state budget funding request. Requests may include a specific request for the City as well as a statewide request for additional funding in key programs.

January
State Activity:

Governor releases January Budget proposal
TPA will provide the City a comprehensive budget proposal overview which will outline proposed funding opportunities and identified gaps.

TPA will conduct advocacy efforts in Sacramento to advance legislative and funding priorities. Efforts will include, but not be limited to, meetings with Assembly and Senate Leadership, key Budget Committee Members and staff, key Assembly and Senate Budget Subcommittees and Staff, and key members of the Newsom Administration.

State Legislation:

January 20, 2025 – last day to submit bill requests to the Office of Legislative Counsel in the first year of a new two-year session.

TPA will monitor the myriad of bill introductions, highlight what is significant for the City functions and priorities, and weed out what is not to maximize time and effectiveness.

February
State Activity:

Assembly and Senate Budget Committees and Subcommittees to begin hearings on the State Budget
TPA will conduct advocacy efforts in Sacramento to advance legislative and funding priorities. Efforts will include, but not be limited to, meetings with Assembly and Senate Leadership, key Budget Committee Members and staff, Proposal for Legislative Advocacy Services | City of Brea Page 27

TECHNICAL SECTION
key Assembly and Senate Budget Subcommittee Members and Staff, and key members of the Newsom Administration.

State Legislation:

Mid-February - deadline for bills to be introduced
TPA will provide a comprehensive legislative matrix to the City that identifies key legislation that may impact or otherwise be of interest to the City. TPA will work with the City to recommend positions and will draft position letters and relevant background material for advocacy efforts.

March
State Activity:

Assembly and Senate Budget Committees and Subcommittees to hold hearings on the State Budget
TPA will conduct advocacy efforts in Sacramento to advance legislative and funding priorities. Efforts will include, but not be limited to, meetings with Assembly and Senate Leadership, key Budget Committee Members and staff, key Assembly and Senate Budget Subcommittee Members and Staff, and key members of the Newsom Administration.

State Legislation:

Policy Committee Meetings
TPA will work with the City to recommend positions on relevant legislation. TPA will advocate on behalf of the City on priority bills.

The below table outlines the annual federal legislative strategy TPA will deploy on behalf of the City.

April
TPA to conduct advocacy efforts in Washington D.C. to advance the City’s Community Project funding requests (if any), legislative goals, and Appropriations requests.

May
TPA will continue to identify legislation to advance the City’s legislative priorities, as well as engage with federal agency staff to advocate for funding opportunities for the City. With unprecedented funding opportunities available to municipalities for infrastructure programs, TPA will work throughout the year to identify and inform the City of relevant funding opportunities, including new funding opportunities through the DOE, EPA, and DOT.

June
TPA to continue to conduct advocacy efforts in Washington D.C. to advance the City’s Community Project funding requests, legislative priorities, and Appropriations requests.

July
Appropriations bills move through Congress. TPA will work with the City and the City’s Congressional delegation to work for the inclusion of priorities in the 12 annual appropriations bills. Floor consideration provides an opportunity to amend the bills.

August
Traditionally the congressional August recess provides for an opportunity to build relationships among staff and federal agencies and prepare for the busy fall legislative session. Newly elected Members of Congress, as well as those that have been reelected, will be eager to ensure their priorities are passed, providing TPA and the City an excellent opportunity to shape policy at the federal level.

Proposal for Legislative Advocacy Services | City of Brea Page 28

TECHNICAL SECTION
September
The end of the fiscal year brings a flurry of legislation in the U.S. Capitol with ample opportunity for TPA to work on behalf of the City. Federal funding will materialize and TPA will engage with members of the Appropriations Committees and their staffs to promote and advocate for the City priorities.

October
TPA will continue to advocate for the City’s end-of-the-year legislative and project priorities in Washington, DC, while also looking ahead to identify potential opportunities.

November
Identify legislative priorities for the next year. TPA to begin conducting internal discussions with the City staff regarding upcoming priorities. Lay the initial groundwork for next year’s Federal advocacy trips. Conduct a review of previous trips to explore best practices, learn from past trips, and improve the experience for future years.

December
TPA to work with the City to finalize the list of pipeline projects and to finalize the Federal Appropriations funding request ask. Ask may include a specific request for the City, as well as a statewide request for additional funding in key programs.

January
Detailed onboarding process involving extensive meetings with locally elected officials, relevant members of the City’s leadership team, and key departments to help us better understand how to tailor a legislative strategy that achieves results in the current political and funding environment. Identify funding opportunities for the City priorities, including key transportation and infrastructure projects.

The President’s budget is released, kicking off the FY26 appropriations process. With the return of earmarks, TPA is poised to build on the successes of FY22, FY23, FY24, and FY25. TPA will work with the City Staff to identify key community projects to be submitted to the City’s Congressional delegation through the FY25 Community Project Funding process.

February
TPA to continue conversations with the City’s Congressional Delegation about a Federal funding request for Community Project Funding. TPA to draft the Federal funding ask and prepare a project(s) for consideration for the Community Project Funding process. Work with the City staff to plan delegation advocacy trips.

March
Appropriations submissions are due. Building on the work of the previous months, TPA crafts and submits earmark applications on behalf of the City to the City’s federal representatives for FY26.

Proposal for Legislative Advocacy Services | City of Brea Page 29

COST SECTION
Additional Comments:

TPA proposes a monthly retainer of $6,500 per month for the first year of the contract. For year two, TPA proposes a monthly retainer of $7,000 per month. For years three, four, and five, TPA proposes a monthly retainer of $7,500 per month.

CONDUCT DETAILED ORIENTATION

DEVELOP LEGISLATIVE STRATEGY

IMPLEMENT THE LEGISLATIVE STRATEGY

LEVERAGE RELATIONSHIPS FOR STRATEGIC ADVOCACY PLAN

COORDINATE ADVOCACY TRIPS

TRACK LEGISLATION

CRAFT TESTIMONY AND POSITION LETTERS

DRAFT BILL LANGUAGE

ENGAGE IN THE RULE-MAKING PROCESS

SPECIAL PROJECTS FACILITATION

STATE BUDGET FUNDING OPPORTUNITIES

FEDERAL EARMARK OPPORTUNITIES

GRANT IDENTIFICATION, WRITING, AND ASSESSMENT

PROVIDE PROGRESS REPORTS

PREPARE AND FILE LOBBYING DISCLOSURE REPORTS
11 12
13 14
15 6,500

PER MONTH

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

TOWNSEND PUBLIC AFFAIRS
Proposal for Legislative Advocacy Services | City of Brea Page 30

FORMS SECTION

STANDARD FORMS

NON-COLLUSION AFFIDAVIT FORM
Proposal for Legislative Advocacy Services | City of Brea Page 31

FORMS SECTION

REFERENCES FORM

TOWNSEND PUBLIC AFFAIRS
Proposal for Legislative Advocacy Services | City of Brea Page 32

FORMS SECTION

SUBCONTRACTORS LIST FORM
Proposal for Legislative Advocacy Services | City of Brea Page 33

FORMS SECTION

STATEMENT OF COMPLIANCE OR EXCEPTIONS FORM
Proposal for Legislative Advocacy Services | City of Brea Page 34

FORMS SECTION

STATUS OF PAST AND PRESENT CONTRACTS FORM
Proposal for Legislative Advocacy Services | City of Brea Page 35

FORMS SECTION

INSURANCE COMMITMENT FORM
Proposal for Legislative Advocacy Services | City of Brea Page 36

FORMS SECTION

PROPOSER QUALIFICATION RESPONSE FORM
Proposal for Legislative Advocacy Services | City of Brea Page 37

FORMS SECTION
Proposal for Legislative Advocacy Services | City of Brea Page 38

FORMS SECTION

FIRM PROPOSAL FORM
Proposal for Legislative Advocacy Services | City of Brea Page 39

FORMS SECTION

CONDUCT DETAILED ORIENTATION

DEVELOP LEGISLATIVE STRATEGY

IMPLEMENT THE LEGISLATIVE STRATEGY

LEVERAGE RELATIONSHIPS FOR STRATEGIC ADVOCACY PLAN

COORDINATE ADVOCACY TRIPS

TRACK LEGISLATION

CRAFT TESTIMONY AND POSITION LETTERS

DRAFT BILL LANGUAGE

ENGAGE IN THE RULE-MAKING PROCESS

SPECIAL PROJECTS FACILITATION

STATE BUDGET FUNDING OPPORTUNITIES

FEDERAL EARMARK OPPORTUNITIES

GRANT IDENTIFICATION, WRITING, AND ASSESSMENT

PROVIDE PROGRESS REPORTS

PREPARE AND FILE LOBBYING DISCLOSURE REPORTS
11 12
13 14
15 6,500

PER MONTH

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED

INCLUDED
Additional Comments:

TPA proposes a monthly retainer of $6,500 per month for the first year of the contract. For year two, TPA proposes a monthly retainer of $7,000 per month. For years three, four, and five, TPA proposes a monthly retainer of $7,500 per month.

PRICE FORM

TOWNSEND PUBLIC AFFAIRS
City of Brea
City Council Regular Meeting Communication
Acceptance of Berry Street Reservoir Ring Road Rehabilitation, CIP No. 7965 Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5G
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION

1. Accept project as complete and authorize City Clerk to file and record Notice of Completion;

2. Authorize the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond and release the Payment Bond upon further notification from the Public Works Department; and

3. Accept the Warranty Bond.

BACKGROUND/DISCUSSION
On  July 18, 2023, the City Council awarded a Construction Contract (Contract) to Sol Construction Inc. (Sol) for $779,353, with a 10% construction contingency, for a total approved construction budget of $857,288 for the Berry Street Reservoir Ring Road Rehabilitation, CIP No. 7965 (Project). The Project completed the reservoir ring road and slope rehabilitation work as required to protect the 30-million-gallon reservoir further. The work included clearing and grubbing the south-facing slope, slope grading, slope excavation, concrete slope pavement, removal and replacement of pavement along the entire road, and removal and replacement of curb and gutter (see Attachment A - Location Map).

The Notice-to-Proceed was issued for a construction start date of September 5, 2023, and the Project was considered substantially complete on October 30, 2023. During the construction, two Contract Change Orders were issued, which included extra work for additional control joints for the concrete slope and final bid quantity adjustments, with the final amount over the contract price totaling $60,952 or approximately 7.8% of the Contract amount. The improvements have been completed, and staff recommends that the City Council approve the acceptance of work performed by Sol and authorize the City Clerk to file the Notice of Completion with the County of Orange for recordation (see Attachment B – Notice of Completion).

COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at their April 30, 2024 meeting, and the item was recommended for City Council approval.

FISCAL IMPACT/SUMMARY
The following is a summary of the final Construction Contract cost:

Original Construction Contract Amount $779,353
Approved Change Orders $60,952
Final Construction Contract Amount $840,305
Approved Construction Budget with 10% Contingency $857,288 Remaining Construction Budget $16,983
Attachments
Attachment A - Location Map.pdf
Attachment B - Notice of Completion.pdf
Attachment C - Warranty Bond.pdf
As shown in the table above, the final Contract amount for the Project is $840,305, which is under the approved Construction Contract budget by $16,983. The funding for this project is from the Water Utility Fund (Fund 420).

Therefore, there is no impact on the General Fund.

The Project regraded and completed slope stabilization improvements along the reservoir dam and rehabilitated the ring road asphalt pavement along the perimeter of the 30-million-gallon reservoir. Sol has completed the Project and fulfilled its obligations to the City under the subject Contract. Furthermore, Sol provided a Warranty Bond of 100% of the final Contract amount to guarantee the work for one year after the date the Notice of Completion is recorded by the County of Orange (see Attachment C – Warranty Bond).

Therefore, staff recommends the City Council consider accepting the Project as complete, authorizing the City Clerk to file the Notice of Completion for recordation by the County of Orange (Attachment B), and accepting the Warranty Bond (Attachment C). Additionally, staff recommends authorizing the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond and release the Payment Bond upon further notification from the Public Works Department.

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
Name City of Brea
Street
Address 1 Civic Center Circle
City &
State Brea, CA 92821
Zip
Free recording requested per Government Code Section 27383. SPACE ABOVE THIS LINE FOR RECORDER’S USE Lillian Harris-Neal, City Clerk, City of Brea Notice of Completion NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is ______City of Brea______________________________________ (NAME)

3. The full address of the undersigned is ____1 Civic Center Circle_______________________________________________ ______________________________________Brea, CA 92821
(NUMBER AND STREET, CITY, STATE, ZIP)

4. The nature of the title or the undersigned is ___________Owner-In-Fee

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

Names Addresses
____________________________________ _____________________________________ ____________________________________ ______________________________________

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commence of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses
____________________________________ _____________________________________ ____________________________________ ______________________________________

7. A work of improvement on the property hereinafter described was completed pursuant to Civil Code § 9200(a) through acceptance by City Council on May 7, 2024.

8. The name of the original contractor, if any, for the work of improvement was Sol Construction, Inc. (NAME OF CONTRACTOR, OR IF NO CONTRACTOR FOR THE WORK OF IMPROVEMENT AS A WHOLE, INSERT THE WORD “none”). [IF NOTICE COVERS COMPLETION OF CONTRACT FOR ONLY PART OF THE WORK OF IMPROVEMENT, ADD: The kind of work done or material furnished was: Concrete and AC pavement road and slope rehabilitation for the Berry Street Reservoir Ring Road.

9. The property on which the work of improvement was completed is in the City of Brea, County of Orange, State of California, and is described as follows: Berry Street Reservoir Ring Road Rehabilitation, CIP Project No. 7965.

10. The street address of the said property is: 545 N. Berry Street in the City of Brea.

Dated: ________________.
___________________________________________(SIGNATURE)
Ryan Chapman, P.E., Acting City Engineer (TYPED NAME)

VERIFICATION
I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Brea, California, this _____ day of __________ 2024. __________________________________________ (SIGNATURE)
Ryan Chapman, P.E., Acting City Engineer (TYPED NAME)

City of Brea
City Council Regular Meeting Communication
Acceptance of South Brea Water & Sewer Improvements, CIP Nos. 7454, 7466, & 7626 Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5H
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION

1. Accept project as complete and authorize the City Clerk to file and record the Notice of Completion;

2. Authorize the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond and release the Payment Bond upon further notification from the Public Works Department; and

3. Accept the Warranty Bond.

BACKGROUND/DISCUSSION
On October 19, 2021, the City Council awarded a Construction Contract (Contract) to Vido Samarzich, Inc. (Vido) for $5,375,591, with a 10% construction contingency, for a total approved construction budget of $5,913,150 for the South Brea Water & Sewer Improvements, CIP Nos. 7454, 7466, and 7626 (Project). The Project completed replacement and upgrades to the water and sewer mains and curb ramps, as well as street resurfacing throughout the South Brea streets located south of Imperial Highway, east and west of Brea Blvd., and north of the southerly City limits (see Attachment A - Location Maps).

The Notice-to-Proceed was issued for a construction start date of March 7, 2022, and the Project was considered substantially complete on November 26, 2023. During the construction, there were several Contract Change Orders issued, which included extra work for conflicts with unforeseen utilities, improvements to update three sewer mains via pipe bursting, modifications/upgrades to the overall street resurfacing from Type II slurry seal to grind and asphalt overlay, and final bid quantity adjustments, with the final amount over the contract price totaling $537,508 or approximately 9.9% of the Contract amount. The improvements have been completed, and staff recommends that the City Council approve the acceptance of work performed by  Vido and authorize the City Clerk to file the Notice of Completion with the County of Orange for recordation (see Attachment B – Notice of Completion).

COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at their April 30, 2024 meeting, and the item was recommended for City Council approval.

FISCAL IMPACT/SUMMARY
The following is a summary of the final Construction Contract cost:

Original Construction Contract Amount $5,375,591
Approved Change Orders $537,508
Final Construction Contract Amount $5,913,099
Approved Construction Budget with 10% Contingency $5,913,150 Remaining Construction Budget $51
Attachments
Attachment A - Location Maps.pdf
Attachment B - Notice of Completion.pdf
Attachment C - Warranty Bond.pdf
As shown in the table above, the final Contract amount for the Project is $5,913,099, which is under the approved Construction Contract budget by $51. The funds for this Project come from the Water Utility Fund (420), Measure M Fund (260), Gas Tax Fund (220), and Sewer Fund (430). Therefore, there is no impact on the General Fund.

The Project replaced over 15,000 linear feet of 8” water mains with over 300 water services and meters, 37 new fire hydrants; replaced over 1,800 linear feet of 8” sewer main with new and modified sewer laterals; completed over 2.75 miles of asphalt overlay; replaced curb ramps, curb and gutter; and constructed other minor improvements. Vido has completed the Project and fulfilled its obligations to the City under the subject Contract. Furthermore, Vido provided a Warranty Bond of 100% of the final Contract amount to guarantee the work for one year after the date the Notice of Completion is recorded by the County of Orange (see Attachment C – Warranty Bond).

Therefore, staff recommends the City Council consider accepting the Project as complete, authorizing the City Clerk to file the Notice of Completion for recordation by the County of Orange (Attachment B), and accepting the Warranty Bond (Attachment C). Additionally, staff recommends authorizing the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond and release the Payment Bond upon further notification from the Public Works Department.

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
Name City of Brea
Street
Address 1 Civic Center Circle
City &
State Brea, CA 92821
Zip
Free recording requested per Government Code Section 27383. SPACE ABOVE THIS LINE FOR RECORDER’S USE Lillian Harris-Neal, City Clerk, City of Brea Notice of Completion NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is ______City of Brea______________________________________ (NAME)

3. The full address of the undersigned is ____1 Civic Center Circle_______________________________________________ ______________________________________Brea, CA 92821
(NUMBER AND STREET, CITY, STATE, ZIP)

4. The nature of the title or the undersigned is ___________Owner-In-Fee

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

Names Addresses
____________________________________ _____________________________________ ____________________________________ ______________________________________

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commence of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses
____________________________________ _____________________________________ ____________________________________ ______________________________________

7. A work of improvement on the property hereinafter described was completed pursuant to Civil Code § 9200(a) through acceptance by City Council on May 7, 2024.

8. The name of the original contractor, if any, for the work of improvement was Vido Samarzich, Inc. (NAME OF CONTRACTOR, OR IF NO CONTRACTOR FOR THE WORK OF IMPROVEMENT AS A WHOLE, INSERT THE WORD “none”). [IF NOTICE COVERS COMPLETION OF CONTRACT FOR ONLY PART OF THE WORK OF IMPROVEMENT, ADD: The kind of work done or material furnished was: Water and sewer main replacement, AC pavement rehabilitation, concrete improvements, and other water/sewer appurtenances for the South Brea Water and Sewer Improvements Project.

9. The property on which the work of improvement was completed is in the City of Brea, County of Orange, State of California, and is described as follows: South Brea Water and Sewer Improvements, CIP Project Nos. 7454, 7466, and 7626.

10. The street address of the said property is: Within various street in the South Brea Subdivision area.

Dated: ________________.
___________________________________________(SIGNATURE)
Ryan Chapman, P.E., Acting City Engineer (TYPED NAME)

VERIFICATION
I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Brea, California, this _____ day of __________ 2024. __________________________________________ (SIGNATURE)
Ryan Chapman, P.E., Acting City Engineer (TYPED NAME)
Warranty Period : November 3rd,2023 - November 3rd,2024 BondNo. WCN 5955939-A
WARRANTY (One of Two Originals)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Brea ("Owner") has awarded to
BOND
Vido Samarzich, lnc.
("Principal"), a contract ("Contract") for the work described as follows:
walnut Ave-oranqe-Juniper street Et Al., water lmprovements, south Brea Neighborhood" *Water Main Replacement, and South Brea Sewer Repairs Project, CIP NOS. 7454,7466 &7626 WHEREAS, Principal is required under the tenns of the Contract to furnish a one (1) year warranty to make repairs or replacements made necessary by defects in materials, equiprnent or workmanship related to the Principal's construction of the Improvements.

NOW, THEREFORE, w€, the undersigned Principal, and Old Republic Surety Company , '14728 Pipeline Ave., Suite E , Chino Hills, CA 91709 , Telephone: (909) 367-2015 (Insert narne, address , and telephone number of Surety) ("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and finnly bound unto Owner penal
Five Million Nine Hundred Thirteen Thousand Ninety Eight and 58/100 1n the of
Dollars .($XXX.>{X), in lawful money of the United States of America, for the payment of which sum well and tru1y to be rnade, we bind ourselves, our heirs, executors, adrninistrators, successors, and assigns, jointly and severally, firmly by these presents. *. $5,g,1 3,0g8.58 THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perfonn all the underlakings, tetms, covenants, conditions and agreements concerning the one (1) year warranty as set forth in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and perfomred, all within the time and in the rnanner therein specified, and in all respects according to their true intent and meaning, then this obligation shall becorne null and void; otherwise, it shall be and rernain in fulI force and effect.

In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.

FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or rnodification to the tenns of the Contract, or of the work to be perfonned thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or rnodification to the tenns of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code $$ 2845 atd2849. The City of Brea is the principal beneficiary of this bond and has all rights ofa party thereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all pulposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the natle of each corporate parly being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority ofits governing body.

Dated: March 6th. 2024
"Principal"
Vido Samarzich, lnc,
"Surety"
Old Republic Surety Company
(Sea1)
This bond lnust be executed in duplicate and dated, all signatures rnust be notarized, and evidence ofthe authority ofany person signing as aftomey-in-fact nust be attached.

Its
(Seal)
** **
**
i OLD REPUBLIC SURETY COMPAI{Y ****

POWER OF ATTORNEY
KNOWALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:

Randy Spohn, Matthew R. Dobyns, Hamilton Kenney, Ashley M. Spohn of Santa Ana, CA its true and laMul Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other writlen obligations in the nature thereof, (other than bail bonds, bank depository honds, mo,lgage deficiency bonds, moftgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, orbtacktungbonds),asfollows:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.

RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power ofAttorney previously granted to such person.

RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and atlested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in{act or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power ofAttorney issued by the company to such person or persons.

RESOLVED FURTHER that the signature of any authorized offlcer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.

IN WTNESS
affixed this

WHEREOF,
1 1th
OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be day of August 2022
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STATE OF WSCONSIN, COUNry OF WAUKESHA - SS
on this
-11!Lday of August
,
2022
, personally came before me, Alan Pavlic
Karen J Haffner
, to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said oflicers ofthe corporation aforesaid, and that the seal affixed to the above instrument is the seal ofthe corporation, and that said corporate seal and their signatures as such ofiicers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.

CERTIFICATE
6th
Signed and sealed at the City of Brookfield, Wl this ________ day of My Commission Expires: September 2g, 2026
([xpirolion of nolory's conmission doss not involidote rhis inrtrument) l, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corpo!"ation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
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ORSC 22262 (3-06) '''ltrr,'rsil\''"s
R.S. Bonding & lns Agency lnc
OLD REPUBLIC SUREry COMPANY
President
March 2024
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of CALIFORNIA
County of ORANGE
On March 6th, 2024 before me, ERIKA G. MORGAN, NOTARY PUBLIC, personally appeared MNDY SPOHN
X who proved to me on the basis of satisfactory evidence to be the person(s) whose namee is/are subscribed to the within instrument and acknowledged to me that heThhSthey executed the same in his/he#their authorized capacity (ies), and that by his/het/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I ceftify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Though the data below is not required by !aw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER

INDIVIDUAL

CORPORATE OFFICER
DESCRIPTION OF AfiACHED DOCUMENT
tr
tr
tr
X
n
trtr
PARTNER(S) E uurrro
ATTORNEY-IN.FACT

TRUSTEE(S)

GUARDTAN/CONSERVATOR
OTHER:

SIGNER IS REPRESENTING I
NAME OF PERSON(S) OR ENTTTY(rES)
hand and official seal.
r"'#fiiid'flili6H'6ril1
tW;mr#*ff*:

OPTIONAL

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.

State of California
cornty oi- - - Los nngeles
on March tL,2024 before r", Desmond G. Warren, Notary Public (insert name and title of the officer)
personally appeared Vido L' Samarzich
who proved io me on '
subscribed to the within instrument and acknowledged to_ me that he/qhd/t\z{executed lhe same in hislfifiltl2erftuthorized capacity(jes[ and that by hisft1efltperr signatureJs'fon the instrument the person{s} or the entity upon behalf of which the personfsfacted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
City of Brea
City Council Regular Meeting Communication
North Orange County Public Safety Collaborative "Operational Agreement" and "Agreement to Transfer Funds" Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5I
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
It is recommended that the City Council approve the City of Brea's continued participation in the North Orange County Public Safety Collaborative and authorize the City Manager to execute all necessary documents and accept the accompanying funds.

BACKGROUND/DISCUSSION
Included in the State's 2017 budget, Assembly Bill 97 created the North Orange County Public Safety Task Force, which was formed to bring a regionalized approach to addressing various public safety issues. Initially, the North Orange County Public Safety Task Force consisted of six cities in the North Orange County region, including Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. The bill allocated $20 million for the Task Force to be distributed through the Board of State and Community Corrections (BSCC) over a four-year period from July 1, 2017 to June 30, 2021. The bill required that forty percent of the total funding be awarded directly to the six cities listed above for use on one or more of the following focus areas: 1) youth violence prevention and intervention in K-12 schools; 2) promote and enhance the successful reentry of offenders into the community; and 3) address homeless outreach and intervention efforts. The City of Brea used these funds for intervention and prevention of youth violence and homeless outreach and intervention. The bill required the remaining sixty percent be awarded to qualified Community Based Organizations that provide services or programs that address at least one of the three focus areas. The City of Brea funded several Community Based Organizations, including the Brea Boys and Girls Club and the Brea Educational Foundation.

In 2021, the North Orange County Public Safety Task Force (renamed the North Orange County Public Safety Collaborative) expanded from six to 11 cities, adding the cities of Cypress, La Habra, La Palma, Orange, and Yorba Linda to the original six cities of Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. Through the State Budget Act of 2021, the cities, as part of the Collaborative, were designated to receive $7,800,000 in the 2021-2022 Corrections Planning and Grant Programs from the Board of State and Community Corrections (BSCC). Consistent with the original Operational Agreement, the funds were used for a regional collaborative effort for violence prevention, intervention, and suppression activities.

Specifically, the purpose for the use of funds was through the use of evidence-based practices in the following areas: 1) programs to address youth violence prevention and intervention in K-12 schools; 2) promote and enhance the successful reentry of offenders into the community; and 3) address homeless outreach and intervention efforts.

Forty percent of the total funding was awarded directly to the law enforcement agencies of the 11 cities listed above for use in one or more of the above-mentioned focus areas. Of this forty percent, the City of Brea received $118,181 for local homeless outreach and intervention. Also, the City of Brea received a portion of funding from a pool of $1,664,000 for a regional approach with its partner cities to address homeless outreach and intervention efforts in the region.

Sixty percent of the total funds ($4,446,000 of the $7,800,000) was awarded to Community Based Organizations in the region. In allocating these funds, a notification of a competitive request for proposal was announced, followed by an application process with an independent selection committee comprised of subject matter experts in the focus areas of the funding. The selection committee members were either retired and/or no longer in the county but were uniquely qualified and had professional experience working in the three focus area fields. The rating process of each application was based on how well an applicant addressed the items listed under each rating factor within the proposal narrative and budget section.

Following the proposal rating process, the committee met for a final rater review meeting, where they developed funding recommendations for consideration by the Coordinating & Advisory Board. Finally, the Coordinating & Advisory Board reviewed the recommendations and made the final determination of awards.

Since the Collaborative's inception in 2017, the City of Stanton has been the designated fiscal agent to administer the funding. However, in July 2023, the City of Brea took over as the fiscal agent.

Through the State Budget Act of 2022, the cities, as part of the Collaborative, have been designated to receive $8,000,000 in the 2022-2023 Corrections Planning and Grant Programs from the Board of State and Community Corrections (BSCC).

Consistent with the original Operational Agreement, the funds are to be used for a regional collaborative effort for violence prevention, intervention, and suppression activities. Specifically, the purpose for the use of funds is through the use of evidence-based practices in the following areas: 1) programs to address youth violence prevention and intervention in K-12 schools; 2) promote and enhance the successful reentry of offenders into the community; and 3) address homeless outreach and intervention efforts.

Forty percent of the available funding shall be awarded directly to the law enforcement agencies of the 11 cities listed above for use in one or more of the above-mentioned focus areas. Of this forty percent, the City of Brea will receive $100,000 for local homeless outreach and intervention. Also, the City of Brea will have the opportunity to request funds from a pool of $1,845,000 for a regional approach with its partner cities to address any one of the three focus areas in the region.

Sixty percent of the available funds ($4,320,000 of the $8,000,000) must go to Community Based Organizations in the region. Consistent with the original Operational Agreement, an independent selection committee comprised of subject matter experts rated the applications and made funding recommendations for consideration by the Coordinating & Advisory Board. Finally, the Coordinating & Advisory Board reviewed the recommendations and made the final determination of awards.

The City of Brea remains the designated fiscal agent to administer the funding. Ten percent of the total funds ($800,000 of the $8,000,000) has been designated for Administrative Services for the Fiscal Agency and shall be used for staff costs. Per the California Board of State and Community Corrections (BSCC), the funding period is from July 1, 2023, through June 30, 2026.

COMMISSION/COMMITTEE RECOMMENDATION
This Staff Report was reviewed by the Finance Committee on April 30, 2024, and recommended for approval.

FISCAL IMPACT/SUMMARY
The City of Brea will receive $100,000 to be used for local homeless outreach and intervention. Also, the City of Brea will have the opportunity to request funds from a pool of $1,845,000 to be used for a regional approach with its partner cities to address homeless outreach and intervention efforts in the region. The City of Brea remains designated as the fiscal agent to administer the funding. The funding period is from July 1, 2023, through June 30, 2026.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Adam Hawley, Chief of Police
Attachments
09-19-2017 CC Report 21 - NOC Public Safety Task Force.pdf 12-07-2021 - CC Report 29 - North Orange County Public Safety Task Force.pdf NOC Y6 DRAFT OPERATIONAL AGREEMENT.pdf
Agenda Item 21.

City of Brea

COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council Members
FROM: Bill Gallardo, City Manager
DATE: 09/ 19/ 2017
SUBJECT: North Orange County Public Safety Task Force Operational Agreement

RECOMMENDATION
It is recommended that the City Council approve the City' s participation in the North Orange County Public Safety Task Force and authorize the City Manager to execute all necessary documents and accept the accompanying funds.

BACKGROUND/ DISCUSSION
Included in the State' s 2017 budget, Assembly Bill 97 created the North Orange County Public Safety Task Force which was formed to bring a regionalized approach in addressing various public safety issues. The North Orange County Public Safety Task Force consists of six cities in the north Orange County region, including Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. The bill allocated $ 20 million for the task force to be distributed through the Board of State and Community Corrections ( BSCC) over a four-year period from July 1, 2017 to June 30, 2021, and contained the following three focus areas:The intervention and prevention of youth violence;

1. The promotion of successful reentry of offenders into the community; and

2. Homeless outreach and intervention.

The bill requires that forty percent of the total funding be awarded directly to the law enforcement agencies of the six cities listed above, and the remaining sixty percent be awarded to qualified Community Based Organizations ( CBO) that provide services or programs that addressed at least one of the three focus areas. The North Orange County Public Safety Coordinating and Advisory Council was formed in accordance with the legislation, and, in addition to the six cities originally named in the bill, includes representatives from the cities of Cypress, La Habra, La Palma, and Yorba Linda. The City of Stanton was designated as the fiscal agent to administer the funding.

The Coordinating and Advisory Council met and agreed that 25 percent of the total CBO funds for this year ($3 million) will be allocated for regional CBO programs, and the remaining 75 percent of the $ 3 million will be equally distributed among the ten cities for local and city specific CBO' s.

Based on the equal distribution model, a qualified CBO or CBOs in each city will be awarded up to a total of $224, 000 for the 2017-2018 funding cycle. Any excess amount that is not spent by the local CBOs will be allocated back to the regional CBO program efforts.

The funding from the BSCC to the Administrator and respective agencies has not yet been sent, and is not expected until mid- September. At this time, based on the strict guidelines and expediency of time to utilize this cycle' s funds, staff is recommending certain CBO programs in our community. These programs meet the requirements in addition to serving the Brea community' s needs. The following is a list of CBOs that are recommended to share Brea' s CBO allocation:

Brea Boys and Girls Club: Provide funding to address academics, athletics, creative arts, digital arts, and at risk programming
Brea Educational Foundation: Build and staff a new expanded Teen Center at Brea Junior High School ( although this project may be changed/ amended due to cost constraints) This fiscal year, after administrative fees paid to the City of Stanton of $23, 333, the Brea Police Department' s share of the $ 2, 000, 000 core city allocation will be $ 310, 000. Staff is recommending these funds be directed toward programs which are authorized by AB 97. These programs include the Homeless Outreach Team and Gang Reduction and Suppression. The funds will be used to cover the personnel costs required to address these critical public safety areas.

FISCAL IMPACT/SUMMARY
City to receive funding in the amount of $310, 000 per year for the next four years to be used for Homeless Outreach and Gang Intervention and Suppression.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Jack Conklin, Chief of Police
Attachments
Operational Agreement

OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the NORTH ORANGE COUNTY PUBLIC SAFETY TASK FORCE ( herein, the Task Force) consisting of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda intend to work together toward the mutual goal of providing maximum available assistance to support its regional communities using local collaborative effort to reduce violence through prevention, intervention and suppression activities through the use of evidence -based services.

The Task Force believes that the formation of the North Orange County Public Safety Coordinating and Advisory Council herein, the Council) and the implementation of the North Orange County Public Safety Services ( herein, the Services) together, the " Project"), as described within this application, will further this goal. Each city agency agrees to participate in the Project as outlined below.

North Orange County Public Safety Coordinating and Advisory Council The cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda will closely coordinate regional services and activities through the formation of the Council. The Council members are representatives from the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda. The Chair of the Council is the Chief of Police from Buena Park, Chief Corey Sianez, who will facilitate the Council' s efforts. The Council will ensure that the Project is responsive to community needs, prioritize the use of funds, secure key agencies to support the efforts and identify ways to obtain sustainability.

The Council' s support of the efforts is to ensure that Services are readily available for resource provision through the evidence - based prevention support services such as OST (out of school time) character and leadership development, education and career development, health and life skills, the arts, and sports, fitness and recreation through intervention support services such as homeless street outreach and intervention efforts through appropriate linkages to continuum of care, reentry supportive resources and case management services.

Quarterly Council meetings will review fiscal and project reports. To serve the community as a safety net, regional efforts and its coordination to provide the community direct resources through the Services will also be monitored and modified as necessary.

North Orange County Public Safety Programmatic Responsibilities and Fiscal Administrator The North Orange County Public Safety Services Programmatic and Fiscal Administrator is Soo Elisabeth Kang ( herein, the Administrator) who will directly report to the Council as to coordinating the administrative framework and wraparound effort to meet its goals and objectives of the Services in the region.

Management structure and decision making processes and how it will support the objectives and goals: Under the leadership of the Coordinating and Advisory Council, the Administrator evaluates emerging trends, early, middle and late evaluation and outcomes of rendered services, sets given policy direction, monitors the progress of the community- based organization ( CBO) partners, facilitates interagency/ collaboration and troubleshooting while implementing the Council' s direction.

The Administrator shall file reports to the Board of State and Community Corrections fiscally and programmatically as required by the Board of State and Community Corrections. Fiscal responsibilities include 1) Preparation which includes all Project -related receipts for each reimbursable item with sufficient supporting documentation with labels on all documents for expenses eligible for reimbursement; 2) Invoice Line Item Clarification which includes line items from the budget match worksheets, invoices, itemized receipts to substantiate charges for each line item; and 3) Assembly and submission of supporting documentation packet signed by the Council' s authorized designated officer on the required face page.

Programmatic responsibilities include 1) compiling and submitting Progress Reports due in the timeline requested to capture the implementation measures of the Services for the timeframe of the report; 2) Local Evaluation Plan to collect and evaluate data to measure performance and outcomes of the Services' activities with any preliminary findings or evidence of Project impact; 3) Final Outcome Evaluation Report to provide final findings of the measured performance and outcomes of the Services' activities.

The Administrator' s responsibilities also include monthly intervention meetings with the community and faith based organizations, the school districts and stakeholders to discuss strategies, timetables, implementation of services and support to reduce violence through prevention, intervention and suppression activities.

North Orange County Public Safety Services
The regional collective impact of the North Orange County Public Safety Task Force includes funded community based partners.

Funded Services Partners: The funded Services community based organizations partners will provide the following direct resources: Out of school time ( OST) violence, prevention and intervention activities and case management services; mentoring services; early violence prevention and intervention activities; homeless and reentry case management services; promotion of positive outcomes for all children and families by leveraging collaborative impact of partners and championing quality family support and strengthening practices; assessment, life skills, coping and counseling services; and programmatic evaluation and outcome reports. Law enforcement agencies within the Task Force will provide dedicated officers to meet the needs of the Services in the region working collaboratively.

Period
Effective performance period is for four years: July 1, 2017 through June 30, 2021.

Financial Arrangements
Board of State and Community Corrections under the Corrections Planning and Grant Programs shall award the funds to the North Orange County Public Safety Task Force for a total of $20, 000, 000 over a four- year performance period. Funds are available for encumbrance or expenditure until June 30, 2021. The Task Force agrees that the City of Stanton shall serve as the designated fiscal agent (herein, the Fiscal Agent) on behalf of the Task Force with authority to present claims to Board of State and Community Corrections on behalf of each of the funded cities and its community based organizations for services delivered by each.

Disbursement of payment as appropriate will be made by the Fiscal Agent. The Fiscal Agent shall be responsible for facilitating partners meetings, collecting documentation for invoices and outcome measurements from each partner and maintaining complete and accurate records of all financial and outcome measurement data.

Miscellaneous
Each party agrees to mutually defend, indemnify, and hold harmless the other parties, their officials, officers, directors, agents, employees, and volunteers, from all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, actual attorney' s fees incurred by each party, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever, including, but not limited to, liability for bodily injury, sickness, disease or death, property damage ( including loss of use) or violation of law, caused by or arising out of, or relating to any negligent act, error or omission, or willful misconduct of that party, its officials, officers, directors, agents, employees, and volunteers acting pursuant to its control and performing under this Operational Agreement. To the extent that more than one party is determined to have been negligent or at fault, the parties agree that each party shall bear its own portion or percentage of liability and to indemnify and hold harmless the other parties for that share.

This Operational Agreement may be executed and delivered in any number of counter parts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted.

The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Operational Agreement.

Should litigation arise out of this Operational Agreement or the performance thereof, each party shall be responsible for its own costs and expenses, including attorney' s fees.

Any party may withdrawal from this Operational Agreement without cause upon thirty ( 30) days' written notice to the other parties.

Upon the effective date of the withdrawal, the withdrawing party shall have no right or claim to any additional sums from the Board of State and Community Corrections under the Corrections Planning and Grant Programs, as contemplated by this Operational Agreement.
2 Authorized Representatives for the North Orange County Public Safety Task Force We, the undersigned, as authorized representatives of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda, do hereby approve this document.

Name, Title Date William Gallardo, City Manager Date
City of Anaheim City of Brea
Name, Title Date Name, Title Date
City of Buena Park City of Cypress
Name, Title
City of Fullerton
Name, Title
City of La Palma
Date
Date
Name, Title
City of La Habra
Name, Title
City of Placentia
Date
Date
Name, Title Date Name, Title Date
City of Stanton City of Yorba Linda
3 Agenda Item 29.

City of Brea

COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council Members
FROM: Bill Gallardo, City Manager
DATE: 12/ 07/ 2021
SUBJECT: North Orange County Public Safety Task Force ( Collaborative) " Operational Agreement" and " Agreement to Transfer Funds"

RECOMMENDATION
It is recommended that the City Council approve the City of Brea' s continued participation in the North Orange County Public Safety Task Force ( renamed the North Orange County Public Safety Collaborative) and authorize the City Manager to execute all necessary documents and accept the accompanying funds.

BACKGROUND/ DISCUSSION
Included in the State' s 2017 budget, Assembly Bill 97 created the North Orange County Public Safety Task Force, which was formed to bring a regionalized approach to addressing various public safety issues. Initially, the North Orange County Public Safety Task Force consisted of six cities in the North Orange County region, including Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. The bill allocated $ 20 million for the task force to be distributed through the Board of State and Community Corrections ( BSCC) over a four- year period from July 1, 2017 to June 30, 2021. The bill required that forty percent of the total funding be awarded directly to the law enforcement agencies of the six cities listed above for use on one or more of the following focus areas: 1) intervention and prevention of youth violence; 2) promotion of successful reentry of offenders into the community; and 3) homeless outreach and intervention.

The City of Brea used these funds for intervention and prevention of youth violence and homeless outreach and intervention. The bill required the remaining sixty percent be awarded to qualified Community Based Organizations that provide services or programs that address at least one of the three focus areas. The City of Brea funded several Community Based Organizations, including the Brea Boys and Girls Club and the Brea Educational Foundation.

This year, the North Orange County Public Safety Task Force (renamed the North Orange County Public Safety Collaborative) has expanded from six to 11 cities, including Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton, and Yorba Linda. Through the State Budget Act of 2021, the cities, as part of the Collaborative, have been designated to receive $ 7, 800, 000 in the 2021- 2022 Corrections Planning and Grant Programs from the Board of State and Community Corrections ( BSCC). Consistent with the original Operational Agreement, the funds are to be used for a regional collaborative effort for violence prevention, intervention and suppression activities. Specifically, the purpose for the use of funds is through the use of evidence -based practices in the following areas: 1) programs to address youth violence prevention and intervention in K- 12 schools; 2) promote and enhance the successful reentry of offenders into the community; and 3) address homeless outreach and intervention efforts.

Forty percent of the total funding shall be awarded directly to the law enforcement agencies of the 11 cities listed above for use on one or more of the above -mentioned focus areas. Of this forty percent, the City of Brea will receive $ 118, 181 for local homeless outreach and intervention.

Also, the City of Brea will have the opportunity to request funds from a pool of $1, 664, 000 for a regional approach with its partner cities to address homeless outreach and intervention efforts in the region.

Sixty percent of the total funds ($ 4, 446, 000 of the $ 7, 800,000) must go to Community Based Organizations in the region. The 11 cities and their collaborative Community Based Organizations have agreed to provide the services specified in the use of funds to satisfy the project's requirement. The Collaborative is currently reviewing the Community Based Organizations' applications for funding, and the final determination of awards will be made by the respective Chiefs of Police.

The City of Stanton remains designated as the fiscal agent to administer the funding. Per the California Board of State and Community Corrections ( BSCC), the funding period is from October 1, 2021, through June 30, 2026.

COMMISSION/ COMMITTEE RECOMMENDATION
This Item was approved by the Finance Committee on November 30, 2021.

FISCAL IMPACT/ SUMMARY
The City of Brea will receive $ 118, 181 to be used for local homeless outreach and intervention.

Also, the City of Brea will have the opportunity to request funds from a pool of $ 1, 664, 000 to be used for a regional approach with its partner cities to address homeless outreach and intervention efforts in the region. The City of Stanton remains designated as the fiscal agent to administer the funding. The funding period is from October 1, 2021 through June 30, 2023.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Adam Hawley, Police Captain
Attachments
CC Report 09- 1- 2017
Operational Agreement
Agenda Item 21.

City of Brea

COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council Members
FROM: Bill Gallardo, City Manager
DATE: 09/ 19/ 2017
SUBJECT: North Orange County Public Safety Task Force Operational Agreement

RECOMMENDATION
It is recommended that the City Council approve the City' s participation in the North Orange County Public Safety Task Force and authorize the City Manager to execute all necessary documents and accept the accompanying funds.

BACKGROUND/ DISCUSSION
Included in the State' s 2017 budget, Assembly Bill 97 created the North Orange County Public Safety Task Force which was formed to bring a regionalized approach in addressing various public safety issues. The North Orange County Public Safety Task Force consists of six cities in the north Orange County region, including Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. The bill allocated $ 20 million for the task force to be distributed through the Board of State and Community Corrections ( BSCC) over a four- year period from July 1, 2017 to June 30, 2021, and contained the following three focus areas:The intervention and prevention of youth violence;

1. The promotion of successful reentry of offenders into the community; and

2. Homeless outreach and intervention.

The bill requires that forty percent of the total funding be awarded directly to the law enforcement agencies of the six cities listed above, and the remaining sixty percent be awarded to qualified Community Based Organizations ( CBO) that provide services or programs that addressed at least one of the three focus areas. The North Orange County Public Safety Coordinating and Advisory Council was formed in accordance with the legislation, and, in addition to the six cities originally named in the bill, includes representatives from the cities of Cypress, La Habra, La Palma, and Yorba Linda. The City of Stanton was designated as the fiscal agent to administer the funding.

The Coordinating and Advisory Council met and agreed that 25 percent of the total CBO funds for this year ($3 million) will be allocated for regional CBO programs, and the remaining 75 percent of the $ 3 million will be equally distributed among the ten cities for local and city specific CBO' s.

Based on the equal distribution model, a qualified CBO or CBOs in each city will be awarded up to a total of $224, 000 for the 2017-2018 funding cycle. Any excess amount that is not spent by the local CBOs will be allocated back to the regional CBO program efforts.

The funding from the BSCC to the Administrator and respective agencies has not yet been sent, and is not expected until mid -September. At this time, based on the strict guidelines and expediency of time to utilize this cycle' s funds, staff is recommending certain CBO programs in our community. These programs meet the requirements in addition to serving the Brea community's needs. The following is a list of CBOs that are recommended to share Brea' s CBO allocation:

Brea Boys and Girls Club: Provide funding to address academics, athletics, creative arts, digital arts, and at risk programming
Brea Educational Foundation: Build and staff a new expanded Teen Center at Brea Junior High School ( although this project may be changed/ amended due to cost constraints) This fiscal year, after administrative fees paid to the City of Stanton of $23, 333, the Brea Police Department' s share of the $ 2, 000, 000 core city allocation will be $ 310, 000. Staff is recommending these funds be directed toward programs which are authorized by AB 97. These programs include the Homeless Outreach Team and Gang Reduction and Suppression. The funds will be used to cover the personnel costs required to address these critical public safety areas.

FISCAL IMPACT/ SUMMARY
City to receive funding in the amount of $310, 000 per year for the next four years to be used for Homeless Outreach and Gang Intervention and Suppression.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Jack Conklin, Chief of Police
Attachments
Operational Agreement

OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the NORTH ORANGE COUNTY PUBLIC SAFETY TASK FORCE ( herein, the Task Force) consisting of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda intend to work together toward the mutual goal of providing maximum available assistance to support its regional communities using local collaborative effort to reduce violence through prevention, intervention and suppression activities through the use of evidence - based services.

The Task Force believes that the formation of the North Orange County Public Safety Coordinating and Advisory Council herein, the Council) and the implementation of the North Orange County Public Safety Services ( herein, the Services) together, the " Project"), as described within this application, will further this goal. Each city agency agrees to participate in the Project as outlined below.

North Orange County Public Safety Coordinating and Advisory Council The cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda will closely coordinate regional services and activities through the formation of the Council. The Council members are representatives from the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda. The Chair of the Council is the Chief of Police from Buena Park, Chief Corey Sianez, who will facilitate the Council' s efforts. The Council will ensure that the Project is responsive to community needs, prioritize the use of funds, secure key agencies to support the efforts and identify ways to obtain sustainability.

The Council' s support of the efforts is to ensure that Services are readily available for resource provision through the evidence - based prevention support services such as OST ( out of school time) character and leadership development, education and career development, health and life skills, the arts, and sports, fitness and recreation through intervention support services such as homeless street outreach and intervention efforts through appropriate linkages to continuum of care, reentry supportive resources and case management services.

Quarterly Council meetings will review fiscal and project reports. To serve the community as a safety net, regional efforts and its coordination to provide the community direct resources through the Services will also be monitored and modified as necessary.

North Orange County Public Safety Programmatic Responsibilities and Fiscal Administrator The North Orange County Public Safety Services Programmatic and Fiscal Administrator is Soo Elisabeth Kang ( herein, the Administrator) who will directly report to the Council as to coordinating the administrative framework and wraparound effort to meet its goals and objectives of the Services in the region.

Management structure and decision making processes and how it will support the objectives and goals: Under the leadership of the Coordinating and Advisory Council, the Administrator evaluates emerging trends, early, middle and late evaluation and outcomes of rendered services, sets given policy direction, monitors the progress of the community - based organization ( CBO) partners, facilitates interagency/ collaboration and troubleshooting while implementing the Council' s direction.

The Administrator shall file reports to the Board of State and Community Corrections fiscally and programmatically as required by the Board of State and Community Corrections. Fiscal responsibilities include 1) Preparation which includes all Project -related receipts for each reimbursable item with sufficient supporting documentation with labels on all documents for expenses eligible for reimbursement; 2) Invoice Line Item Clarification which includes line items from the budget match worksheets, invoices, itemized receipts to substantiate charges for each line item; and 3) Assembly and submission of supporting documentation packet signed by the Council' s authorized designated officer on the required face page.

Programmatic responsibilities include 1) compiling and submitting Progress Reports due in the timeline requested to capture the implementation measures of the Services for the timeframe of the report; 2) Local Evaluation Plan to collect and evaluate data to measure performance and outcomes of the Services' activities with any preliminary findings or evidence of Project impact; 3) Final Outcome Evaluation Report to provide final findings of the measured performance and outcomes of the Services' activities.

The Administrator' s responsibilities also include monthly intervention meetings with the community and faith based organizations, the school districts and stakeholders to discuss strategies, timetables, implementation of services and support to reduce violence through prevention, intervention and suppression activities.

North Orange County Public Safety Services
The regional collective impact of the North Orange County Public Safety Task Force includes funded community based partners.

Funded Services Partners: The funded Services community based organizations partners will provide the following direct resources: Out of school time ( OST) violence, prevention and intervention activities and case management services; mentoring services; early violence prevention and intervention activities; homeless and reentry case management services; promotion of positive outcomes for all children and families by leveraging collaborative impact of partners and championing quality family support and strengthening practices; assessment, life skills, coping and counseling services; and programmatic evaluation and outcome reports. Law enforcement agencies within the Task Force will provide dedicated officers to meet the needs of the Services in the region working collaboratively.

Period
Effective performance period is for four years: July 1, 2017 through June 30, 2021.

Financial Arrangements
Board of State and Community Corrections under the Corrections Planning and Grant Programs shall award the funds to the North Orange County Public Safety Task Force for a total of $20, 000, 000 over a four- year performance period. Funds are available for encumbrance or expenditure until June 30, 2021. The Task Force agrees that the City of Stanton shall serve as the designated fiscal agent ( herein, the Fiscal Agent) on behalf of the Task Force with authority to present claims to Board of State and Community Corrections on behalf of each of the funded cities and its community based organizations for services delivered by each.

Disbursement of payment as appropriate will be made by the Fiscal Agent. The Fiscal Agent shall be responsible for facilitating partners meetings, collecting documentation for invoices and outcome measurements from each partner and maintaining complete and accurate records of all financial and outcome measurement data.

Miscellaneous
Each party agrees to mutually defend, indemnify, and hold harmless the other parties, their officials, officers, directors, agents, employees, and volunteers, from all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, actual attorney' s fees incurred by each party, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever, including, but not limited to, liability for bodily injury, sickness, disease or death, property damage ( including loss of use) or violation of law, caused by or arising out of, or relating to any negligent act, error or omission, or willful misconduct of that party, its officials, officers, directors, agents, employees, and volunteers acting pursuant to its control and performing under this Operational Agreement. To the extent that more than one party is determined to have been negligent or at fault, the parties agree that each party shall bear its own portion or percentage of liability and to indemnify and hold harmless the other parties for that share.

This Operational Agreement may be executed and delivered in any number of counter parts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted.

The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Operational Agreement.

Should litigation arise out of this Operational Agreement or the performance thereof, each party shall be responsible for its own costs and expenses, including attorney' s fees.

Any party may withdrawal from this Operational Agreement without cause upon thirty ( 30) days' written notice to the other parties.

Upon the effective date of the withdrawal, the withdrawing party shall have no right or claim to any additional sums from the Board of State and Community Corrections under the Corrections Planning and Grant Programs, as contemplated by this Operational Agreement.
2 Authorized Representatives for the North Orange County Public Safety Task Force We, the undersigned, as authorized representatives of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton and Yorba Linda, do hereby approve this document.

Name, Title Date William Gallardo, City Manager Date
City of Anaheim City of Brea
Name, Title Date Name, Title Date
City of Buena Park City of Cypress
Name, Title
City of Fullerton
Name, Title
City of La Palma
Date
Date
Name, Title
City of La Habra
Name, Title
City of Placentia
Date
Date
Name, Title Date Name, Title Date
City of Stanton City of Yorba Linda
3 OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the NORTH ORANGE COUNTY PUBLIC SAFETY COLLABORATIVE ( herein, the Collaborative) consisting ofthe cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda, intend to work together toward the mutual goal ofproviding maximum available assistance to support its regional communities using local collaborative effort to reduce violence through prevention, intervention and suppression activities through the use of evidence - based services.

The Collaborative believes that the formation of the North Orange County Public Safety Coordinating and Advisory Board (herein, the Board) and the implementation ofthe North Orange County Public Safety Services (herein, the Services) (together, the " Project"), as described within this application, will further this goal. Each city agency agrees to participate in the Project as outlined below.

North Orange County Public Safety Coordinating and Advisory Board The cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda will closely coordinate regional services and activities through the formation of the Board. The Board members are representatives from the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda. The Chair of the Board is the Chief ofPolice from Buena Park, Chief Corey Sianez, who will facilitate the Board' s efforts. The Board will ensure that the Project is responsive to community needs, prioritize the use of funds, secure key agencies to support the efforts and identify ways to obtain sustainability.

The Board' s support ofthe efforts is to ensure that Services are readily available for resource provision through the evidence -based prevention support services such as OST (out of school time) character and leadership development, education and career development, health and life skills, the arts, and sports, fitness and recreation through intervention support services such as homeless street outreach and intervention efforts through appropriate linkages to continuum of care, reentry supportive resources and case management services.

Monthly Board meetings will review fiscal and project reports. To serve the community as a safety net, regional efforts and its coordination to provide the community direct resources through the Services will also be monitored and modified as necessary.

North Orange County Public Safety Programmatic Responsibilities and Fiscal Administrator
The North Orange County Public Safety Services Programmatic and Fiscal Administrator is Soo Elisabeth Kang (herein, the Administrator) who will directly report to the Board as to coordinating the administrative framework and wraparound effort to meet its goals and objectives of the Services in the region.

Management structure and decision -making processes and how it will support the objectives and goals: Under the leadership of the Coordinating and Advisory Board, the Administrator evaluates 55414. 00700\ 34385945. 2
emerging trends, early, middle and late evaluation and outcomes of rendered services, sets given policy direction, monitors the progress of the community -based organization ( CBO) partners, facilitates interagency/collaboration and troubleshooting while implementing the Board' s direction.

The Administrator shall file reports to the Board of State and Community Corrections fiscally and programmatically as required by the Board of State and Community Corrections. Fiscal responsibilities include 1) Preparation which includes all Project -related receipts for each reimbursable item with sufficient supporting documentation with labels on all documents for expenses eligible for reimbursement; 2) Invoice Line Item Clarification which includes line items from the budget match worksheets, invoices, itemized receipts to substantiate charges for each line item; and 3) Assembly and submission of supporting documentation packet signed by the Board' s authorized designated officer on the required face page.

Programmatic responsibilities include 1) compiling and submitting Progress Reports due in the timeline requested to capture the implementation measures of the Services for the timeframe of the report; 2) Local Evaluation Plan to collect and evaluate data to measure performance and outcomes ofthe Services' activities with any preliminary findings or evidence of Project impact; 3) Final Outcome Evaluation Report to provide final findings ofthe measured performance and outcomes of the Services' activities.

The Administrator' s responsibilities also include monthly intervention meetings with the community -based organizations and stakeholders to discuss strategies, timetables, implementation of services and support to reduce violence through prevention, intervention, and suppression activities.

North Orange County Public Safety Services
The regional collective impact of the North Orange County Public Safety Collaborative includes funded community - based partners.

Funded Services Partners: The funded Services community based organizations partners will provide the following direct resources: Out of school time (OST) violence, prevention and intervention activities and case management services; mentoring services; early violence prevention and intervention activities; homeless and reentry case management services; promotion of positive outcomes for all children and families by leveraging collaborative impact ofpartners and championing quality family support and strengthening practices; assessment, life skills, coping and counseling services; and programmatic evaluation and outcome reports. Law enforcement agencies within the Collaborative will provide dedicated officers to meet the needs of the Services in the region working collaboratively.

Period
Effective performance period is for: October 1, 2021 through June 30, 2023. 55414. 00700\ 34385945. 2
Financial Arrangements
Board of State and Community Corrections under the Corrections Planning and Grant Programs shall award the funds to the North Orange County Public Safety Collaborative for a total of 7, 800,000 during the performance period. Funds are available for encumbrance or expenditure until June 30, 2023 or earlier. The Collaborative agrees that the City of Stanton shall serve as the designated fiscal agent ( herein, the Fiscal Agent) on behalf of the Collaborative with authority to present claims to Board of State and Community Corrections on behalf of each of the funded cities and its community -based organizations for services delivered by each. Disbursement of payment as appropriate will be made by the Fiscal Agent. The Fiscal Agent shall be responsible for facilitating partners meetings, collecting documentation for invoices and outcome measurements from each partner and maintaining complete and accurate records of all financial and outcome measurement data.

Miscellaneous
Each party agrees to mutually defend, indemnify, and hold harmless the other parties, their officials, officers, directors, agents, employees, and volunteers, from all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, actual attorney' s fees incurred by each party, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever, including, but not limited to, liability for bodily injury, sickness, disease or death, property damage (including loss ofuse) or violation of law, caused by or arising out of, or relating to any negligent act, error or omission, or willful misconduct of that party, its officials, officers, directors, agents, employees, and volunteers acting pursuant to its control and performing under this Operational Agreement. To the extent that more than one party is determined to have been negligent or at fault, the parties agree that each party shall bear its own portion or percentage of liability and to indemnify and hold harmless the other parties for that share.

This Operational Agreement may be executed and delivered in any number of counter parts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted.

The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Operational Agreement.

Should litigation arise out of this Operational Agreement or the performance thereof, each party shall be responsible for its own costs and expenses, including attorney' s fees.

Any party may withdrawal from this Operational Agreement without cause upon thirty (30) days' written notice to the other parties. Upon the effective date ofthe withdrawal, the withdrawing party shall have no right or claim to any additional sums from the Board of State and Community Corrections under the Corrections Planning and Grant Programs, as contemplated by this Operational Agreement.
55414. 00700\ 34385945. 2
Authorized Representatives for the North Orange County Public Safety Collaborative We, the undersigned, as authorized representatives of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton, and Yorba Linda, do hereby approve this document.

SIGNATURES HERE]
55414. 00700\ 34385945. 2
55414.00700\34385945.2

OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the NORTH ORANGE COUNTY PUBLIC SAFETY COLLABORATIVE (herein, the COLLABORATIVE) consisting of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda, intend to work together toward the mutual goal of providing maximum available assistance to support its regional communities using the COLLABORATIVE effort to reduce violence through prevention, intervention and suppression activities through the use of evidence-based services.

The COLLABORATIVE believes that the formation of the North Orange County Public Safety Coordinating and Advisory Board (herein, the BOARD) and the implementation of the North Orange County Public Safety Collaborative Services (herein, the Services) (together, the “Project”), as described within this application, will further this goal. Each city agency agrees to participate in the Project as outlined below.

North Orange County Public Safety Collaborative
Coordinating and Advisory Board
The cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda will closely coordinate regional services and activities through the formation of the Board. The Board members are representatives from the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton and Yorba Linda. The Chair of the Board is the Chief of Police from the City of Brea, Chief Adam Hawley, who will facilitate the Board’s efforts. In addition to the Chair, the adoption of a Vice-Chair will further facilitate and assist the Board Chair. The Vice-Chair of the Board is the Chief of Police from the City of La Habra, Chief Adam Foster. The Board will ensure that the Project is responsive to community needs, prioritize the use of funds, secure key agencies to support the efforts and identify ways to obtain sustainability including the promotion of the and replication of the COLLABORATIVE to other regions throughout California.

The Board’s support of the efforts is to ensure that Services are readily available for resource provision through the evidence-based prevention support services such as OST (out of school time) character and leadership development, education and career development, health and life skills, the arts, and sports, fitness and recreation through intervention support services such as homeless street outreach and intervention efforts through appropriate linkages to continuum of care, reentry supportive resources and case management services.

Monthly Board meetings will review fiscal and project reports. To serve the community as a safety net, regional efforts and its coordination to provide the community direct resources through the Services will also be monitored and modified as necessary. 55414.00700\34385945.2
North Orange County Public Safety Collaborative
Members
SECTION 1: Additional Members
Any North Orange County city organized and existing under the laws of the State of California or under a city charter adopted pursuant thereto, authorized by or pursuant to such laws or charter to engage in the purposes described in this Agreement (“Applying Agency”), may become a Member as described below:

1.1 Resolution of Application. The Applying Agency shall file with the Coordinating & Advisory Board a certified copy of a resolution of its governing body whereby the Applying Agency: (a) agrees to the provisions of this Agreement; and (b) requests to become a Member.

1.2 Approval and Conditions of Approval. No such Applying Agency shall become a Member until: (a) its admission is approved at a regular or special meeting of the Coordinating & Advisory Board by a unanimous vote; and (b) execution of this Agreement by the authorized representative of the Applying Agency and acknowledged by the Board Chair and Executive Director of the COLLABORATIVE.

1.3 Admission. Upon completion of the foregoing, the Applying Agency shall become a Member for all purposes under this Agreement and the COLLABORATIVE shall circulate to all Members an updated copy of this Agreement with the signature page of the new Member.

SECTION 2: Suspension and Exclusion of Member
Any Member that has breached this Agreement in any way, may have its rights under this Agreement suspended and be excluded from participating in the COLLABORATIVE (including, but not limited to, representation on the Coordinating & Advisory Board) following: (a) at least thirty (30) days’ prior written notice from the COLLABORATIVE to the defaulting Member or of its breach; and (b) if the defaulting Member fails to cure the breach within such time, a majority vote of the Coordinating & Advisory Board at a special or regular meeting of the Board, which shall take effect immediately. Any suspended and excluded Member shall continue to be liable for its obligations under any separate agreement with the COLLABORATIVE and for any funds to the Member approved by the Coordinating & Advisory Board prior to such Member’s suspension and exclusion. Any suspended and excluded Member may be reinstated by the Coordinating & Advisory Board following cure of the breach and, if applicable, its share of any additional payments or advances approved by the Coordinating & Advisory Board during the Member’s suspension and exclusion period. A suspended and excluded Member may withdraw from THE COLLABORATIVE pursuant to the provisions of this agreement.

SECTION 3: Termination; Withdrawal; Amendment.

3.1 Termination. This Agreement may be terminated by the mutual written consent of all Members. If at any time there are only two (2) Parties to this Agreement and one (1) Party intends to withdraw, the other Party’s written consent to terminate this Agreement shall not be unreasonably conditioned or delayed. This Agreement and the COLLABORATIVE shall 55414.00700\34385945.2
continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the COLLABORATIVE.

3.2 Withdrawal. Notwithstanding any other provision of this Agreement, any Member may withdraw from the COLLABORATIVE by adopting a resolution of the Member’s advisory body and providing the COLLABORATIVE with written notice of its intent to withdraw at least six (6) months prior to the end a Fiscal Year. Such notice shall not become effective until the last day of Fiscal Year in which notice was given. A withdrawal from the COLLABORATIVE constitutes a withdrawal of that Member’s representatives from the Coordinating & Advisory Board. If at any time there are only two (2) Parties to this Agreement, any desired withdrawal shall be subject to the termination provisions of this Agreement.

3.3 Effect of Withdrawal. The withdrawal of a Member shall not terminate its responsibility to contribute its share of any obligation incurred by the COLLABORATIVE or to perform any other obligation arising from a separate agreement or other legally binding obligation, including, but not limited to, amounts determined by the Board for: (a) liabilities and claims accrued during the time the agency was a Member (including any future obligations arising from retirement benefits for past and existing employees of the COLLABORATIVE, if any); (b) contributions, payments or advances for budgeted expenses for the Fiscal Year in which notice of intent to withdraw is given; and (c) other obligations payable from contributions, payments, or advances incurred, which obligation matures after the effective date of withdrawal provided to the Member by the COLLABORATIVE.

Prior to the effective date of withdrawal, the withdrawing Member shall have paid, or made arrangements satisfactory to the Board to pay, its share of such obligations. Except as the withdrawing Member may agree in writing with the Board, the withdrawing Member shall automatically relinquish all rights as a Member under this Agreement on the effective date of the withdrawal. Such relinquishment shall include, but not be limited to, any right of the withdrawing Member to the assets of the COLLABORATIVE. The withdrawal of a Member shall not affect any obligations under any separate agreement between the withdrawing Member and the COLLABORATIVE.

3.4 Disbursement Upon Termination. Upon termination of this Agreement and after payment of all liabilities, costs, expenses and charges validly incurred under this Agreement, all remaining assets of the COLLABORATIVE shall be disbursed among Members, including any Members which previously withdrew from the COLLABORATIVE. All assets shall be divided among the Members and former Members in accordance with and proportionate to their cash contributions (including payments for services received and property at market value when this Agreement and the COLLABORATIVE shall continue to exist for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of the COLLABORATIVE.

SECTION 4: Default; Enforcement
If default shall be made by any Member in any undertaking contained in this Agreement, such default shall not excuse such Member or any other Member from fulfilling its obligations under this Agreement and each Member shall continue to be liable for the payments and 55414.00700\34385945.2
advances hereof and the performance of all conditions herein contained. Each Member hereby declares that this agreement is entered into for the benefit of the COLLABORATIVE created hereby and each Member hereby grants to the COLLABORATIVE the right to enforce by whatever lawful means the COLLABORATIVE deems appropriate all of the obligations of each of the Members hereunder. Each and all of the remedies given to the COLLABORATIVE hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the COLLABORATIVE to any or all other remedies.

North Orange County Public Safety Collaborative
Programmatic Responsibilities and Fiscal Executive Director The North Orange County Public Safety Collaborative Services Programmatic and Fiscal Executive Director is Soo Elisabeth Kang (herein, the Executive Director) who will directly report to the Board as to coordinating the administrative framework and wraparound effort to meet its goals and objectives of the Services in the region.

Management structure and decision-making processes and how it will support the objectives and goals: Under the leadership of the Coordinating and Advisory Board, the Executive Director evaluates emerging trends, early, middle and late evaluation and outcomes of rendered services, sets given policy direction, monitors the progress of the community-based organization (CBO) partners, facilitates interagency/collaboration and troubleshooting while implementing the Board’s direction.

The Executive Director shall file reports to the Board of State and Community Corrections fiscally and programmatically as required by the Board of State and Community Corrections.

Fiscal responsibilities include 1) Preparation which includes all Project-related receipts for each reimbursable item with sufficient supporting documentation with labels on all documents for expenses eligible for reimbursement; 2) Invoice Line Item Clarification which includes line items from the budget match worksheets, invoices, itemized receipts to substantiate charges for each line item; and 3) Assembly and submission of supporting documentation packet signed by the Board’s authorized designated officer on the required face page.

Programmatic responsibilities include 1) compiling and submitting Progress Reports due in the timeline requested to capture the implementation measures of the Services for the timeframe of the report; 2) Local Evaluation Plan to collect and evaluate data to measure performance and outcomes of the Services’ activities with any preliminary findings or evidence of Project impact; 3) Final Outcome Evaluation Report to provide final findings of the measured performance and outcomes of the Services’ activities.

The Executive Director’s responsibilities also include monthly intervention meetings with the community-based organizations and stakeholders to discuss strategies, timetables, implementation of services and support to reduce violence through prevention, intervention, and suppression activities.
55414.00700\34385945.2
North Orange County Public Safety Collaborative
Services
The regional collective impact of the COLLABORATIVE includes funded community-based partners.

Funded Services Partners: The funded Services community based organizations partners will provide the following direct resources: Out of school time (OST) violence, prevention and intervention activities and case management services; mentoring services; early violence prevention and intervention activities; homeless and reentry case management services; promotion of positive outcomes for all children and families by leveraging the COLLABORATIVE impact of partners and championing quality family support and strengthening practices; assessment, life skills, coping and counseling services; and programmatic evaluation and outcome reports. Law enforcement agencies within the COLLABORATIVE will provide dedicated officers to meet the needs of the Services in the region working the COLLABORATIVE.

Period
Effective performance period is for: September 1, 2023 through June 30, 2026.

Financial Arrangements
Board of State and Community Corrections under the Corrections Planning and Grant Programs shall award the funds to the COLLABORATIVE for a total of $8,000,000 during the performance period. Funds are available for encumbrance or expenditure until June 30, 2026.

The COLLABORATIVE agrees that the City of Brea shall serve as the designated fiscal agent (herein, the Fiscal Agent) on behalf of the COLLABORATIVE with authority to present claims to Board of State and Community Corrections on behalf of each of the funded cities and its community-based organizations for services delivered by each. Disbursement of payment as appropriate will be made by the Fiscal Agent. The Fiscal Agent shall be responsible for facilitating partners meetings, collecting documentation for invoices and outcome measurements from each partner and maintaining complete and accurate records of all financial and outcome measurement data.

Miscellaneous
Each party agrees to mutually defend, indemnify, and hold harmless the other parties, their officials, officers, directors, agents, employees, and volunteers, from all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, actual attorney’s fees incurred by each party, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever, including, but not limited to, liability for bodily injury, sickness, disease or death, property damage (including loss of use) or violation of law, caused by or arising out of, or relating to any negligent act, error or omission, or willful misconduct of that party, its officials, officers, directors, agents, employees, and volunteers acting pursuant to its 55414.00700\34385945.2
control and performing under this Operational Agreement. To the extent that more than one party is determined to have been negligent or at fault, the parties agree that each party shall bear its own portion or percentage of liability and to indemnify and hold harmless the other parties for that share.

This Operational Agreement may be executed and delivered in any number of counter parts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted.

The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Operational Agreement.

Should litigation arise out of this Operational Agreement or the performance thereof, each party shall be responsible for its own costs and expenses, including attorney’s fees.

Any party may withdrawal from this Operational Agreement without cause upon thirty (30) days’ written notice to the other parties. Upon the effective date of the withdrawal, the withdrawing party shall have no right or claim to any additional sums from the Board of State and Community Corrections under the Corrections Planning and Grant Programs, as contemplated by this Operational Agreement.

Authorized Representatives for the COLLABORATIVE
We, the undersigned, as authorized representatives of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton, and Yorba Linda, do hereby approve this document.
[SIGNATURES HERE]
City of Brea
City Council Regular Meeting Communication
Pre-Employment Background Investigation Services
Meeting
Tuesday, May 7, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5J
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION

1. Approve the Agreement with Palicon Group (Palicon) to provide the Police Department with pre-employment background investigation services in the amount not-to-exceed 75,000 per year; and

2. Authorize the City Manager to issue up to four one-year extensions exclusive of any cost increases.

BACKGROUND/DISCUSSION
The Brea Police Department contracted with RCS Investigations & Consulting LLC (RCS) for pre-employment background investigation services since 2011. During the term of the most recent contract, RCS conducted numerous background investigations for both sworn and non-sworn candidates at $1,750 for sworn/dispatch candidates and $1,550 for all other non-sworn candidates. Their work product was both thorough and timely.

In June of 2022, Police Department staff modified the pre-employment background investigation process to an electronic format and contracted with a third-party vendor to facilitate the electronic background investigation process within their web-accessed software. RCS declined to transition to this platform, and since that time, Police Department staff have been duplicating the background investigation process in both an electronic and hard-copy format, to allow RCS to continue to complete pre-employment background investigations on the Police Department's behalf.

In July of 2023, the contract with RCS expired and in light of both the length of time it had been using RCS and their decision not to utilize the electronic platform, the Police Department solicited qualified proposals for pre-employment background investigation services with the caveat that the electronic software must be utilized in order for any proposer to be considered "qualified". RCS has continued to provide pre-employment background investigation services in the interim, and the current rates are $1,950 for sworn/dispatch candidates and $1,750 for all other non-sworn candidates. A Request for Proposals (RFP) was initially opened in October of 2023 and while two proposals were received, the proposers were determined not to meet the scope of services and current needs of the Police Department. The RFP was re-solicited in November of 2023, with a larger radius in order to attract additional qualified proposals.

The second RFP produced four proposals, two of which were determined to meet the full scope of services and current needs of the Police Department. Police Department staff invited each of the qualified proposers to be interviewed. Following the interview process, Palicon was identified to most closely meet the needs of the Police Department in terms of the scope of work and their level of familiarity with the Police Department's electronic software. Palicon proposed to complete preemployment background investigations at a rate of $1,800 for sworn/dispatch candidates and $1,600 for all other nonsworn candidates. Below is a summary of the qualified proposals:

Attachments
Agreement with Palicon Group_clean_unsigned.pdf
However, within Palicon's initial proposal, was an exception to the City's automobile and professional liability insurance requirements (seeking lesser limits) and across all insurance policies (seeking lesser insurance ratings). Risk Management evaluated their waiver request, who deemed the lesser ratings acceptable however recommended not waiving the automobile and professional liability limits in order to be in line with current industry standards.

As such, in order to meet the City's insurance requirements, Palicon consulted with their broker to obtain pricing quotes and incorporate the costs of the increased insurance into the per-background price of their proposal. This resulted in a revised proposed pricing of $1,950 for sworn/dispatch candidates and $1,700 for all other non-sworn candidates.

Staff requests that City Council authorize the City Manager to exercise the renewal terms as long as the consultant’s performance continues to meet Brea’s requirements and there are no rate increases.

COMMISSION/COMMITTEE RECOMMENDATION
This Staff Report was reviewed by the Finance Committee on April 30, 2024, and recommended for approval.

SUMMARY/FISCAL IMPACT
The not-to-exceed amount is based on anticipated need in FY 2023-24 and FY 2024-25 for the quantity of background investigations needed to meet the hiring demands of the Police Department. There is sufficient funding available in the Police Department’s General Fund (110) budget and no additional appropriation is needed.

RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Jamie McDonald, Management Analyst II
Concurrence: Chris Harvey, Police Lieutenant
Adam Hawley, Chief of Police
Vendor Fees
JL Group
POST (Sworn/Dispatch) $1,850
NON-POST $1,350
Palicon Group
POST (Sworn/Dispatch) $1,800
NON-POST $1,600

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services
This Professional Services Agreement (“Agreement”) is dated May 7, 2024 for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Palicon Group a S Corporation (“Contractor”).

RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following professional services: As-Needed Pre-Employment Background Investigation Services.

B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Scope of Services.

Contractor shall perform the services referenced in the Recitals and more specifically described in the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).

2. Compensation.

A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Attachment 1 to Exhibit A.

B. In no event shall the total amount paid for the Services exceed the all-inclusive annual sum of $75,000.00 (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Contractor in performing the Services.

Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.

C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Contractor’s invoices shall indicate the amount of time spent on each task and the applicable rate.

D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.

3. Contingency Work.

This agreement does not include any contingency or additional work. Any additional work performed by Contractor without a written amendment or approval of the City shall be deemed to be work included within the Services.

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services

4. Term.

The term of this Agreement shall commence on June 1, 2024 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire on May 31, 2025 or upon satisfactory completion of the Services, whichever occurs first. City may extend the term of this Agreement by giving written notice to Contractor within 30 days to the thenscheduled expiration date for (4) additional one-year terms which will be at the sole discretion of the City Manager or designee.

5. Time of Performance.

A. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing. Contractor shall commence performance within two business days of receiving City’s written notice to proceed.

B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Contractor’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.

C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

6. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Contractor and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.

7. Standard of Care.

Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

8. Compliance with Law.

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services
A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.

B. Contractor shall obtain a City of Brea business license.

C. Contractor shall comply with all Additional Legal Requirements if applicable.

9. Assignment and Subcontracting.

A. Contractor shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Contractor’s utilization of subcontractors identified in Contractor’s proposal for the Services.

B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement.

Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.

C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Contractor. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.

10. Independent Contractor.

A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.

B. Contractor will determine the means, methods, and details by which Contractor’s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

C. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City.

Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform the Services.

Contractor shall perform the Services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

D. Contractor shall be responsible for and pay all wages, salaries, benefits and other

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services
amounts due to Contractor’s personnel in connection with the Services. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.

11. PERS Compliance.

The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Services, Contractor shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

12. Insurance.

Unless otherwise permitted or waived in writing by City’s Risk Manager, Contractor shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

A. Commercial General Liability
i. Contractor shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.

B. Automobile Liability
i. Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.

C. Workers’ Compensation/Employer’s Liability
i. Contractor certifies that Contractor is aware of the provisions of Labor

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services
Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.

D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Contractor shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.

F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services
If ☒, then required Combined Single Limit
☒Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
☒Automobile Liability $2,000,000 per occurrence (any auto) for bodily injury and property damage
☒Workers’ Compensation In the amount required by California law ☒Employer’s Liability $1,000,000 per occurrence
☒Professional Liability $2,000,000 per claim and aggregate (errors and omissions) ☐Cyber Liability $2,000,000 per occurrence
iii. Defense costs shall be payable in addition to the limits. iv. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Contractor shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements.

All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

H. Policy Provisions Required
i. Contractor shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Contractor shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Contractor shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.

PROFESSIONAL SERVICES AGREEMENT
Pre-Employment Background Investigation Services
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.