Cities Index.
Agenda packet

Safety and Communities Committee
January 10, 2022

Document
Agenda packet
Meeting
January 10, 2022
Body
Safety and Communities Committee
Pages
5
Original file
29.4 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

- 1 -
1/10/2022 5:00:00 PM
www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, January 10, 2022 at 5:00 PM
*Roll Call: Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Jenny Kenoyer, Tony Madrigal, David Wright, Bill Zoslocki * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.

PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 4:00 p.m. on the day of the meeting. - 1 -
1/10/2022
- 2 -
1/10/2022 5:00:00 PM

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
- 2 -
1/10/2022
- 3 -
1/10/2022 5:00:00 PM
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee member prior to this meeting for study. Unless some member of the audience or Committee member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 3 -
1/10/2022
- 4 -
1/10/2022 5:00:00 PM
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.

1. Consider approving an increase to the Purchase Order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534 and a first amendment increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295, and authorizing the Director of Finance to add parts and services to the Lehr Auto Electric Agreement as business needs change and forwarding to Council for approval. (Funding Source: General Fund)
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected]

2. Consider approving an Agreement with Spatialitics LLC, to provide access to geoenabled software (GeoShield) products and services for a three-year term with two, one-year extension options at an estimated annual cost of $73,500, for an estimated total not to exceed $357,000 over five years, and forwarding to Council for approval. (Funding Source: General Fund)
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]

3. Consider approving a first lease amendment for cell tower at Creekside Golf Course with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS), extending the maximum term of the Agreement through October 31, 2044 and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
PRN; Nathan Houx, 209-571-5526, [email protected]

4. Consider approving a lease amendment at Davis Park with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS), extending the maximum term of the Agreement through November 30, 2044 and authorizing the replacement of existing ball field lighting infrastructure at the expense of the vendor as necessary and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
PRN; Nathan Houx, 209-571-5526, [email protected]

5. Consider approving a lease amendment at Beyer Park with T-Mobile West, LLC, a Delaware limited liability company (T-Mobile), extending the maximum term of the Agreement through December 31, 2043 and forwarding to Council for approval. - 4 -
1/10/2022
- 5 -
1/10/2022 5:00:00 PM
(Funding Source: Cell Tower Facility Rental Revenue)
PRN; Nathan Houx, 209-571-5526, [email protected]

NEW BUSINESS

6. Consider approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind match for a maximum commitment of $12 million, and forwarding to Council for approval. (Funding Source: General Fund)
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]

7. Consider approving an agreement with Mr. Michael Baldwin Sr. Consultants, LLC to provide cultural relations and community building coaching for a one-year Agreement with two, one-year extension options, for an annual estimated cost of $98,500 and a total amount not to exceed $295,500 over three years, and forwarding to Council for approval (Funding Source: General Fund, Edward Byrne Memorial Justice Assistance Grant (BJAG) Program and Supplemental Law Enforcement Services Funds (SLESF)) POLICE DEPARTMENT; Brandon Gillespie, 209-572-9501,
[email protected]

8. Consider approving an Agreement with Berry, Dunn, McNeil & Parker, a limited liability company, for professional services for the preparation of a Fund Development Strategy and Implementation Plan for the Parks, Recreation and Neighborhoods Department in the amount of $49,999 plus $4,999 if needed, for an Agreement total not to exceed $54,998. (Funding Source: General Fund – Parks, Recreation and Neighborhoods Administration)
PRN; Laurie Smith, 209-577-5347, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the Committee and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
- 5 -
1/10/2022

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 16, 2021
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Brandon Gillespie, Chief of Police
SUBJECT: Mobile Data Computer Replacement for the Police Department CONTACT: Brandon Gillespie, Chief of Police, [email protected] 209-572-9500
DESCRIPTION:

Consider approving an increase to the Purchase Order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534 and a first amendment increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two (2) years and new total amount not to exceed $925,295, and authorizing the Director of Finance to add parts and services to the Lehr Auto Electric Agreement as business needs change and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.

BACKGROUND:

Mobile data computers (MDCs) are used in order to ensure appropriate access to confidential records from local, state and national law enforcement databases and to ensure effective electronic communications between department members and dispatch personnel. For the Police Department, these computers are utilized in patrol vehicles as the primary way Officers and Community Service Officers receive call for service related information. As such, these MDCs are critical pieces of equipment in the everyday operations and safety of department personnel and members of the public.
#1..
- 6 -
Safety and Communities Committee, January 10, 2022
Mobile Data Computer Replacement

Page 2 of 3 ends

The department’s current MDCs are five years old and their manufacturer’s warranty expired at the end of May of this year. Since that time, the department has begun experiencing serious device issues including touchscreen failures as well as complete shut downs of the device in the middle of use resulting in the loss of data entered into reports.

On September 24, 2019, by Resolution 2019-418, Council approved the award of a purchase order for three-year agreement for the purchase of desktop computers, laptops, tablets, software and services to Dell Technologies, of Round Rock, TX, for an initial cost not to exceed $1.35M and a total amount not to exceed $1.95M over the three-years.

On December 8, 2020, by Resolution 2020-514, Council approved the award of agreement to Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA for a two-year agreement with three 1- year extension options, for an annual estimated cost of $160,000 and total amount not to exceed $800,000 over five years
DISCUSSION:

MDCs are typically replaced every five years and it is unknown ahead of time what brand and specification of MDC will meet the ever-changing technology needs of the Police Department.

The agreement to Dell Technologies, of Round Rock, TX was awarded in September of 2019 and the formal bid process took place approximately six months prior to that; well before the Police Department would have been ready to begin the evaluation of replacement MDC specifications.

The agreement to Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA was awarded in December of 2020 – similar to the process for selecting the replacement MDCs, until the department selects the replacement MDC, the mounting set up and components cannot be known. The Police Department, in conjunction with its embedded Information Technology staff and the Fleet Services Division of Public Works, have completed the evaluation and selection of all the necessary components of the MDC replacement. The additional MDCs, parts and installation for the respective vendors are listed below:

Description Vendor Cost
Docking Stations & Motion Mounts - parts LEHR $56,000
Installation of consoles LEHR $54,775
Installation of docking stations and mounts only LEHR $14,520 Mobile Data Computers DELL $291,534
FISCAL IMPACT:

The majority of the costs associated with the MDC replacement are saved through the department’s Internal Service Fund (ISF) Fleet Replacement line item. Each year a set amount of funds are set aside for the replacement of the computers and any needed parts to modify the interior of the patrol vehicles to properly accommodate the placement of the MDC units as well as the installation costs. The Department covers the costs of the docking stations and motion mounts as well as any related installation needed for special cases. As a result of the Fleet Replacement ISF and the Police Department’s Supplemental Law Enforcement Services Fund, sufficient funds are budgeted in fiscal year 2021-22 in the following amounts and projects/accounts:

Fleet Replacement Fund: $346,309 (5409-53246-52038)
#1..
- 7 -
Safety and Communities Committee, January 10, 2022
Mobile Data Computer Replacement

Page 3 of 3 ends

MPD SLESF Funds: $70,520 ($19,685 from project #100901 and $50,835 from project #101059) Approved by:

DeAnna Christensen, Director of Finance

_________________________________________
Brandon Gillespie, Chief of Police
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment to Agreement with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA
#1..
- 8 -
1 FIRST AMENDMENT TO PURCHASE AGREEMENT
FOR ADDITIONAL COMPENSATION WITH STOMMEL INC. dba LEHR AUTO

ELECTRIC
This FIRST AMENDMENT to the PURCHASE AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of ____, 2022, by and between the City of Modesto, a Municipal Corporation of the State of California, hereinafter called CITY , and Stommel Inc. dba Lehr Auto Electric, Sacramento, California, hereinafter referred to as CONTRACTOR.

This FIRST AMENDMENT to the PURCHASE AGREEMENT is made with reference to the following recitals:

A. A Purchase Agreement, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 8th day of December, 2020, to provide Emergency Response Vehicle Equipment, Components and Installation Services.

B. The AGREEMENT provides that the cost of the AGREEMENT shall not exceed $160,000 annually.

C. The CITY has required additional installation services for mobile data computers in City patrol vehicles, and estimates that an additional amount of $125,295 will be needed to ensure sufficient installation services through the end of the AGREEMENT, dated December 8, 2020.

D. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the amount identified in the AGREEMENT.

E. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. Amount of agreement shall be amended to include the following:
#1..
- 9 -
2 Increase agreement by $125,295 from $320,000 to $445,295 for the first two (2) years and a new total amount not to exceed $925,295.

2. Except as modified and amended by this FIRST AMENDMENT to the PURCHASE AGREEMENT, all other provisions of the Purchase Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this First Amendment to the Purchase Agreement by its Director of Finance and attested by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2022, and Stommel Inc. dba Lehr Auto Electric, has caused this First Amendment to the Purchase Agreement to be duly executed. #1..
- 10 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 17, 2021
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: GeoShield Software Agreement with Spatialitics LLC CONTACT: Brandon Gillespie, Chief of Police, [email protected], (209) 572-9500 DESCRIPTION:

Consider approving an agreement with Spatialitics LLC, to provide access to geo-enabled software (GeoShield) products and services for a three-year term with two, one-year extension options at an estimated annual cost of $73,500, for an estimated total not to exceed $357,000 over five years, and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

In April 2016, the Modesto Police Department began the process of building the Real Time Crime Center (RTCC). The mission of the RTCC was to enhance the response and effectiveness of officers in the field. The RTCC is equipped with a video wall and multiple workstations, allowing staff to assist field personnel in real-time by immediately researching calls for service, monitoring accessible video surveillance cameras, and analyzing/disseminating important crime bulletins and/or trends. As in-progress crimes are received, the RTCC has the ability to quickly view any accessible surveillance cameras in the area and relay the information to responding officers, thus increasing the likelihood of suspect apprehension and increasing officer safety.

In February 2017, the Modesto Police Department entered into a five-year contract with CyberTech Systems and Software, Inc. and ESRI (RFP 1617-04, RESO No.2017-52) to provide the real-time crime dashboard and infrastructure for the RTCC. In 2019, Cyber Tech’s executive management decided to launch Spatialitics LLC as an entity to manage their product development and subscriptions. Spatialitics LLC is a wholly owned subsidiary of Cyber Tech. This contract #2..
- 11 -
Safety & Communities Committee, January 10, 2022
Spatialitics LLC – GeoShield Software Agreement

Page 2 of 3 ends

ends on February 14, 2022. During the past five years, the Modesto Police Department has utilized Spatialitics’ GeoShield platform to monitor field resources, calls for service, view live camera feeds of in progress incidents, and conduct analysis of statistical data and policing efforts.

DISCUSSION:

The GeoShield platform provides a robust suite of features that allow MPD staff to both conduct a “10,000 foot” view of current law enforcement operations and a detailed, granular view of a particular incident in a way that promotes the safe and efficient use of Modesto Police Department and City of Modesto resources.

In addition to maintaining existing functionality, the proposed contract includes roadmap items for additional features and functionality, further enhancing department efficiencies and situational awareness for operational, investigative, and administrative purposes.

The Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. MMC 8-3.204(c) provides where the Purchasing Manager, in his or her discretion, can determine that calling for bids on a competitive basis as set forth in Section8-3.203 is undesirable due to exigent circumstances. Over the last five years of the existing contract, a significant amount of time, energy and funding has been invested in the GeoShield Platform to provide a customized experience to meet the needs and specifications of the Modesto Police Department; additionally, it has been proven to provide interoperability with several other software programs that the department currently employs. Here, as the department is reaching the end of a five-year contract with CyberTech (now to be named Spatialitics), discontinuation of use of the GeoShield platform would mean the loss of several productive tools developed in conjunction with the Modesto Police Department, and render the existing system inoperable. Therefore, staff recommends that continuation of this existing contract, originally awarded through a competitive bidding process, be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-

3.204(c).

FISCAL IMPACT:

Funding for this purchase will come from the City of Modesto General Fund for each year of the contract as has been done for the prior contract. Overall there will be an increase to the line item for this contract in the amount of $19,500 annually. The increase for the current fiscal year will be absorbed by the department operating budget. Upon approval, the line item for this contract will be increased by $19,500 in each subsequent fiscal year. #2..
- 12 -
Safety & Communities Committee, January 10, 2022
Spatialitics LLC – GeoShield Software Agreement

Page 3 of 3 ends

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Spatialitics GeoShield Subscription Agreement

2. Modesto Spatialitics Term Cover Letter
#2..
- 13 -
Spatialitics LLC Subscription Agreement
This Subscription Agreement (“Agreement”) is made this _________of February 2022 (“Effective Date”), between Spatialitics, LLC, a Delaware limited liability company, 1301 West 22nd Street, Suite 308, Oak Brook, IL 60523, USA (“Spatialitics”), and The City of Modesto California, 610 10th Street, Modesto, CA 95354 (“Subscriber”).

Spatialitics provides subscribers with access to geo-enabled software products and services, which are delivered in a software-as-a-service (“SaaS”) model. Subscriber desires to obtain, and Spatialitics is willing to grant Subscriber, a subscription to access the software products and services under this Agreement.

Spatialitics and Subscriber therefore agree as follows:

1. Definitions. For purposes of this Agreement, the following definitions apply:

1.1 “Confidential Information” means all confidential and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement and Exhibits, the Subscriber Data, the Subscription, business and marketing plans, technology and technical information, product designs, and business processes.

1.2 “Documentation” means all generally available documentation relating to the Software Products and the Subscription, including all user manuals, operating manuals, and other similar instructions, specifications, and materials.

1.3 “Intellectual Property Rights” means any and all rights comprising or relating to: (i) patents, patent disclosures, and inventions (whether patentable or not); (ii) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with their goodwill; (iii) authorship rights, copyrights, and copyrightable works (including computer programs), and rights in data and databases; (iv) trade secrets and know-how; (v) rights of privacy and publicity; and (vi) all other intellectual property rights, in each case whether registered or unregistered. Intellectual Property Rights include all applications for, and renewals or extensions of, those rights, and all similar or equivalent rights or forms of protection provided by applicable Law. #2..
- 14 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 2

CONFIDENTIAL

1.4 “Law” means any U.S. or applicable State statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement or rule.

1.5 “Software Products” means Spatialitics’ software products and services that constitute the Subscription as identified in Exhibit A, but this definition excludes the products and services provided by Spatialitics’ third-party hosting provider.

1.6 “Subscriber Data” means all information, data, materials, works, expressions, or other content, including any that are (i) uploaded, submitted, posted, transferred, transmitted, or otherwise provided or made available by Subscriber, on Subscriber’s behalf, or by any User for processing by the Subscription; or (ii) collected, downloaded, or otherwise received by the Spatialitics for Subscriber or any User under this Agreement. Subscriber Data includes (a) all output, copies, reproductions, improvements, modifications, adaptations, translations, and other derivative works based on, derived from, or otherwise using any Subscriber Data; and (b) User Data. Subscriber Data does not include Spatialitics’ Materials.

1.7 “Subscription” means the Software Products that are provided via the internet as a SAAS model using Subscriber Data with the Software Products.

1.8 “Users” means employees, contractors, or equipment suppliers who are authorized by Subscriber and who have been issued a User ID and password to access and use the Subscription.

1.9 “User Data” means all information reflecting the Subscriber’s or any User’s access to or use of the Subscription, including any end-user profile, visit, session, impression, clickthrough, or click-stream data and any statistical or other analysis, information, or data based on or derived from any of this information.

1.10 “Spatialitics’ Materials” means the following that Spatialitics uses or creates in providing the Subscription: all forms, methodologies, processes, techniques, ideas, concepts, software, trade secrets, know-how, copyrights, trademarks, and other intellectual property rights. Spatialitics’ Materials do not include Subscriber Data or User Data.

2. Terms of Software Subscription.

2.1 Grant of Rights. Spatialitics hereby grants to Subscriber a non-exclusive, royalty-free, non-transferable, limited-term right and license, without the right to sub-license, for Users to (i) access, display, and use the Subscription remotely via the internet solely for Subscriber’s internal business purposes; and (ii) use, execute, reproduce, and modify the #2..
- 15 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 3

CONFIDENTIAL
Spatialitics’ Materials solely to the extent necessary to properly access or use the Subscription. Spatialitics and its licensors reserve all rights to the Subscription not expressly granted to Subscriber in this Agreement, including all Intellectual Property Rights related to (a) the Software Products and Subscription; and (b) any software created or provided to Subscriber under any Statement of Work.

2.2 Hosting. The Software Products will be hosted on a third-party cloud platform provided or approved by Spatialitics. Depending on the configuration, certain third-party licenses may be required to properly operate the Software Products. Exhibit A lists these licenses.

2.3 Open Source Software. The Software Products may include open source software as listed on and subject to Exhibit B.

2.4 Additional Services. Any additional services that Spatialitics has agreed to perform are identified in a Statement of Work attached as Exhibit C. Any services provided by Spatialitics in any attached or subsequent Statement of Work are subject to the terms and conditions of this Agreement.

2.5 Compliance with Law. Subscriber shall use the Software Products and the Subscription only in accordance with applicable Law.

2.6 Restrictions on Use. Subscriber shall not (i) reproduce, display, download, modify, create derivative works of, or distribute the Subscription, or attempt to reverse engineer, decompile, disassemble, or access the source code for the Software Products; (ii) use the Subscription, or any Software Product, in the operation of a service bureau to support or process any data of any party other than Subscriber; (iii) permit any party other than the then-currently authorized Users to independently access the Subscription; (iv) access the Subscription by any means other than over the internet using Spatialitics’ supported technology; or (v) access the Subscription other than through the authorized User ID and password. Spatialitics reserves the right to include a license key or other means within the Subscription to limit its use to the then-currently authorized Users and to enforce the restrictions stated in this Agreement on Subscription use.

2.7 Authorized Use Only. Subscriber is responsible for the Users’ acts and omissions.

Subscriber shall implement reasonable controls to ensure that only authorized Users access and use the Subscription. Subscriber shall promptly notify Spatialitics of any unauthorized access to or use of the Subscription. Subscriber shall take all reasonable steps to ensure that each User’s access and use of the Subscription complies with this Agreement. Subscriber is responsible for User non-compliance within Subscriber’s reasonable control and will cooperate with Spatialitics in enforcing this Agreement #2..
- 16 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 4

CONFIDENTIAL
against Users who are third-party contractors or equipment-suppliers. On prior written notice to Subscriber, Spatialitics may immediately discontinue a User’s access to or use of the Subscription if the User breaches this Agreement or otherwise impedes or disrupts any third party’s permitted use of the Subscription.

3. Payment.

3.1 Subscription Fee. Subscriber shall pay Spatialitics the Annual Subscription Fee in accordance with the payment schedule stated in Exhibit D.

3.2 Payment Terms and Period. All payments under this Agreement will be in U.S. currency, due thirty days after invoice (the “Payment Period”), and payable to Spatialitics at Spatialitics LLC, 1301 West 22nd Street, Suite 308, Oak Brook, IL 60523, USA by check or wire transfer:

Account No.:

Routing No.:

Bank:

Or to such other account that Spatialitics may designate in writing.

If any payments have not been received by Spatialitics by the end of the Payment Period, late interest will accrue on the unpaid charges at the rate of 1.5% per month until paid. In such circumstances, Spatialitics may condition future Subscription renewals on a shorter Payment Period and may recover all costs to collect the amounts due, including attorneys’ fees and expenses.

4. Term and Termination.

4.1 Initial and Renewal Terms. This Agreement will become effective as of the Effective Date and will continue in full force for the initial term stated in Exhibit D, subject to Subscriber complying with all terms and conditions. If the initial term is not stated in Exhibit D, the initial term will be three years from the Effective Date. Thereafter, this Agreement will automatically renew for additional one-year renewal terms, unless either party provides the other with 90 days’ written termination notice that will become effective on the last day of the initial term or the current renewal term (the “Term”).

4.2 Mutual Right to Terminate. Either party may terminate this Agreement or a Statement of Work by written notice to the other party: (i) if the other party breaches this Agreement or the applicable Statement of Work and fails to cure the breach within 15 days of receiving written notice of breach from the non-breaching party; (ii) the other #2..
- 17 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 5

CONFIDENTIAL
party commences a voluntary case under title 11 of the U.S. Code or the corresponding provisions of any successor laws; (iii) anyone commences an involuntary case against the other party under title 11 of the U.S. Code or the corresponding provisions of any successor laws and either (a) the case is not dismissed by midnight at the end of the 60th day after commencement; or (b) the court before which the case is pending issues an order for relief or similar order approving the case; (iii) a court of competent jurisdiction appoints, or the other party makes an assignment of all or substantially all of its assets to, a custodian (as that term is defined in title 11 of the U.S. Code or the corresponding provisions of any successor laws) for the party or all of substantially all of its assets; (iv) the other party fails generally to pay its debts as they become due (unless those debts are subject to a good faith dispute as to liability or amount) or acknowledges in writing that it is unable to do so; or (v) the other party suspends or ceases, or threatens to suspend or cease, all or a substantial part of its business.

4.3 Effect of Termination. On termination, this Agreement and the license to the Software Products will be deemed terminated and revoked, and Subscriber shall no longer have the right to use the Software Products or the Subscription. If Subscriber continues to use the Software Products or Subscription after termination, Spatialitics will suffer irreparable harm, entitling Spatialitics to injunctive relief and appropriate compensation from the court, including attorneys’ fees and costs.

4.4 Return of Subscriber Data. On Subscriber’s written request that Spatialitics must receive within 30 days after the termination of this Agreement, Spatialitics will make available to Subscriber for download a file containing Subscriber Data in comma separated value (.csv) format along with attachments in their native format. After that period, Spatialitics has no obligation to maintain or provide any Subscriber Data and will thereafter, unless legally prohibited, delete all Subscriber Data in its systems or otherwise in its possession or under its control.

4.5 Surviving Provisions. The following provisions will survive any termination or expiration of this Agreement: section 1 and sections 3 through 11.

5. Confidentiality.

5.1 Non-Disclosure. During the Term and for five years thereafter, the Receiving Party shall not disclose or use any Disclosing Party’s Confidential Information for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission.

5.2 Exclusions. Confidential Information (except for Subscriber Data) shall not include any information that: (i) is or becomes generally known to the public without breach of any #2..
- 18 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 6

CONFIDENTIAL
obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

5.3 Protection Standard. Each party agrees to protect the confidentiality of the other’s Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).

5.4 Disclosures Compelled by Law. If the Receiving Party is compelled by Law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior written notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

5.5 Injunctive Relief. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of these confidentiality protections, the Disclosing Party may, in addition to any other remedies available to it, seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.

6. Warranties; Limitations; Disclaimer.

6.1 Mutual Warranties. Each party warrants to the other that: (i) it has the right to enter into this Agreement; (ii) there are no liens, conveyances, mortgages, assignments, encumbrances or other agreements to which it is a party or by which it is bound that would prevent or impair the full exercise of all substantive rights granted to the other party under this Agreement; (iii) it is not the subject of a voluntary or involuntary bankruptcy petition or any similar insolvency proceeding; (iv) it does not contemplate filing any voluntary bankruptcy petition or insolvency proceeding; and (v) it does not have reason to believe that an involuntary bankruptcy petition or insolvency proceeding will be filed against it.

6.2 Spatialitics’ Warranties. Spatialitics warrants that the Subscription:

6.2.1 functions substantially in accordance with the Documentation, in compliance with Law, and in a manner consistent with reasonably applicable general industry standards;
#2..
- 19 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 7

CONFIDENTIAL

6.2.2 is, as of the Effective Date, hosted by a nationally recognized hosting services provider that is FedRAMP certified;

6.2.3 is regularly checked for any virus, malware, or other harmful code using industry standard anti-virus software; and

6.2.4 that the hyperlink to all open source software embedded within the Subscription is listed on Exhibit B.

6.3 Limitations. The warranties in section 6.2 do not apply to, and Spatialitics is not liable for, defects, errors, or non-conformities resulting from (i) Subscriber’s (or a Subscriber contractor’s) unauthorized, improper, or inadequate Subscription configuration; (ii) Subscriber’s use of software, hardware, interfacing, or supplies not supplied by Spatialitics if the use was not described or permitted in the Documentation; or (iii) Subscriber’s (or its contractor’s) improper site preparation or maintenance; or (iv) Subscriber Data.

6.4 Warranty Remedy and Disclaimers. For breach of a warranty stated in section 6.2.1, Spatialitics’ sole and exclusive responsibility, and Subscriber’s sole and exclusive remedy, is for Spatialitics to, as applicable and at no cost or expense to Subscriber, correct or replace any defective or non-conforming Subscription component.

6.4.1 Except as provided in section 6.2.1, Spatialitics provides, and Subscriber accepts the Software Products and Subscription “as is.” Spatialitics provides no warranties as to the function or use of the Software Products or Subscription, whether express, implied, or statutory, including any implied warranties of merchantability or fitness for a particular purpose.

Spatialitics does not warrant that the Software Products or Subscription will meet Subscriber’s requirements or that the Software Products or Subscription will be (i) available to Subscriber on an uninterrupted basis; or (ii) free of errors; or (iii) that Spatialitics’ hosting services provider will safeguard Subscriber Data from unauthorized access or disclosure.

Subscriber acknowledges that Spatialitics does not control Subscriber’s use of the Software Products or Subscription, and further acknowledges that Spatialitics does not control the quality or accuracy of any Subscriber Data that is processed by the Software Products or Subscription. #2..
- 20 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 8

CONFIDENTIAL

7. Limitation of Liability.

7.1 Except for Spatialitics’ indemnity liability stated in section 8, Spatialitics’ aggregate liability arising out of or related to this Agreement, whether in contract, tort, strict liability, or under any theory of liability, will not exceed the greater of (i) an amount equal to three times the Annual Subscription Fee actually paid by or due from Subscriber in the 12 months preceding the incident giving rise to liability; or (ii) $100,000.

7.2 In no event will either party have any liability to the other party for any lost profits arising from collateral business transactions or for any indirect, consequential, special, or punitive damages however caused and whether in contract, tort, strict liability, or under any theory of liability, whether or not the party claiming those damages advised the other party of the possibility of the damages.

7.3 These liability limitations are an essential part of this Agreement. Spatialitics would not permit Subscriber to access the Subscription or use the Software Products without these limitations. Subscriber fully understands these liability limitations.

8. Indemnification.

8.1 Spatialitics’ Indemnity for Intellectual Property Rights Infringement. Spatialitics shall defend, indemnify, and hold harmless Subscriber against all Losses arising out of or relating to a demand, claim, or suit that the Subscription infringes a third-party’s Intellectual Property Rights.

8.2 Infringement Remedies. If the Subscription or Software Product becomes, or in Spatialitics’ opinion is likely to become, the subject of an Intellectual Property Right infringement claim, Spatialitics may, at its sole option, and expense, either (i) procure for Subscriber the right to continue using the Software Product; (ii) replace or modify the Software Product so that it becomes non-infringing; or (iii) only if option “i” or “ii” is not feasible, terminate Subscriber’s right to use the infringing Software Product and give Subscriber a refund or credit for the Subscription Fee paid by Subscriber for the infringing Software Product less an allowance for the period of time that Subscriber used the Software Product in a production capacity during the Term. This section states Subscriber’s sole and exclusive remedies for Intellectual Property Rights infringement claims and actions.
#2..
- 21 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 9

CONFIDENTIAL

8.3 Exceptions. Spatialitics is not obligated with respect to any Intellectual Property Right infringement claim based on: (i) use of the Software Product in combination with software or equipment not supplied or directed by Spatialitics if the claim would have been avoided by not combining that use; (ii) unauthorized modification of the Software Product if the claim would have been avoided by not making the modification; (iii) continued use of the Software Product after Spatialitics notified Subscriber in writing that the claim would have been avoided by ceasing that use; or (iv) the use of the Software Product contrary to this Agreement, or in a manner for which the Product was not designed or contemplated, where the claim would have been avoided without that use.

8.4 Spatialitics’ Indemnification. Spatialitics shall defend, indemnify and hold harmless Subscriber and its officers, directors, agents, and employees from and against any and all third-party losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, court costs or expenses, including reasonable attorneys’ fees and expert witness fees (collectively, “Losses”) arising out of or relating to: (i) Spatialitics’ breach of this Agreement; (ii) Spatialitics’ violation of any applicable Law; or (iii) the following, but only to the extent arising out of Spatialitics’ negligence or willful misconduct: damage or destruction to property (including Subscriber Data) or personal injury (including death). But Spatialitics’ indemnity liability in this section 8.4 will in no event exceed the sum of one hundred thousand dollars ($100,000.00) aggregated for all covered Losses.

8.5 Subscriber’s Indemnification. Subscriber shall defend, indemnify and hold harmless Spatialitics and its officers, directors, agents, and employees from and against any and all third-party Losses arising out of or relating to: (i) Subscriber’s breach of this Agreement; (ii) Subscriber’s violation of any applicable Law; (iii) Subscriber’s misuse or use of the Subscription other than as permitted by this Agreement; (iv) use of Subscriber Data that infringes a third-party’s Intellectual Property Rights; or (v) the following, but only to the extent arising out of Subscriber’s negligence or willful misconduct: damage or destruction to property or personal injury (including death). But Subscriber’s indemnity liability in this section 8.5 will in no event exceed the sum of one hundred thousand dollars ($100,000.00) aggregated for all covered Losses.

8.6 Conditions. The party seeking indemnification will (i) promptly notify the other party of the claim or action; (ii) give the other party sole control of the defense and settlement of the claim or action (but the indemnifying party may not settle or defend any claim or action unless it unconditionally releases the other party from all liability); and (iii) provide the other party all available information and assistance. To receive the indemnities in this section, the party seeking indemnification must notify the other of a #2..
- 22 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 10

CONFIDENTIAL
claim or suit promptly and provide reasonable cooperation (at the indemnifying party’s expense) and full authority to defend or settle the claim or action.

9. Assignment. This Agreement will inure to the benefit of, and be binding upon, the parties’ successors and assigns, but no purported assignment or transfer by Subscriber of this Agreement or any part thereof will have any force or validity unless approved in writing by Spatialitics, whose approval shall not be unreasonably withheld or delayed.

Notwithstanding the foregoing, Subscriber may assign this Agreement (together with all grants, obligations and provisions herein), without such approval, to any third party that acquires a majority of the Subscriber’s assets or business to which this Agreement relates (whether by merger, stock sale, asset sale or otherwise).

10. Force Majeure Events.

10.1 For any failure or delay in fulfilling or performing this Agreement, neither party will be (i) liable or responsible to the other party; or (ii) considered to have breached this Agreement, when and to the extent that the failure or delay is caused by the following (each, a “Force Majeure Event”):

10.1.1 acts of God, flood, fire, explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the Effective Date;

10.1.2 national or regional emergency, labor stoppages, or any enactment of Laws; or

10.1.3 any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition

10.2 In each case, to qualify as a Force Majeure Event, (i) the event must be outside the affected party’s reasonable control; (ii) the affected party must promptly notify the other party of how long the event is expected to continue; and (iii) the affected party must use its best efforts to resume its performance under this Agreement and minimize the damages to the other party.

10.3 Subscriber may terminate this Agreement by notice to Spatialitics if a Force Majeure Event affecting Spatialitics’ performance continues for a period of 30 days or more.

Unless Subscriber terminates this Agreement, any date specifically designated for Spatialitics’ performance under this Agreement will automatically be extended for the duration of the Force Majeure Event.

10.4 Notwithstanding section 10.1 or any other provision in this Agreement, the following will not be considered Force Majeure Events: shutdowns, disruptions, or malfunctions #2..
- 23 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 11

CONFIDENTIAL
of the Subscription unless the result of general and widespread internet or telecommunications failures that are not limited to the Subscription.

11. General Provisions.

11.1 EU General Data Protection Regulation (“GDPR”). Subscriber shall notify Spatialitics if it intends to use the Subscription with data that is subject to protection under the GDPR. The notice shall require the parties to discuss GDPR compliance requirements including data assessments, data mapping, and approval of a Data Protection Addendum under which Spatialitics will be a “Processor” and Subscriber the “Controller” as those terms are defined under the GDPR. Subscriber will not use the Subscription with data that is subject to GDPR protection until such time as the parties have achieved GDPR compliance.

11.2 Trademarks and Logos. Nothing in this Agreement grants Subscriber the right to use Spatialitics’ trade names, trademarks, service marks, and logos, but Spatialitics may include Subscriber’s name and logo in a published list of Spatialitics’ customers or in a mutually agreed press release.

11.3 Recommendations. All recommendations that Subscriber receives from Spatialitics are subject to this Agreement. Spatialitics assumes no liability for Subscriber’s failure to follow these recommendations.

11.4 Notice. All notices, demands, and consents that either party may desire to give to the other, or that may be required under this Agreement (except for routine business communications that are not intended as legal notices) must be in writing. The notice is effective on receipt in the United States after having been sent by private courier or by registered or certified U.S. mail and addressed as follows:

For notice to Spatialitics:

Steven Jeske
Spatialitics, LLC
1301 West 22nd Street, Suite 308
Oak Brook, IL 60523 USA
With a copy via email and regular mail to:

Joseph M. Vanek
Sperling & Slater, P.C.
55 W. Monroe, Suite 3200
Chicago, Illinois 60603
[email protected]
#2..
- 24 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 12

CONFIDENTIAL
For notice to Subscriber:
<Name>
City of Modesto California
610 10th Street
Modesto, CA, 95354
or to such other address that the party to whom notices are to be sent designates in writing.

11.5 No Waiver. No failure or delay to act upon any default or to exercise any right, power, or remedy hereunder will operate as a waiver of any such default, right, power, or remedy.

11.6 Dispute Resolution.

11.6.1 Arbitration. All disputes, controversies, and claims arising out of or in connection with this Agreement, or the breach, termination or invalidity hereof, including tort claims, will be settled through friendly consultation among the parties. If the dispute cannot be settled through friendly consultation within thirty days after written notice is first given of the dispute, then it will be settled only by arbitration in accordance with the rules and procedures of the American Arbitration Association.

The arbitration will take place in Chicago, Illinois, and the applicability of this arbitration provision to any dispute will be resolved by the arbitrator.

11.6.2 Arbitration Procedures. There will be one arbitrator to be mutually agreed upon by the parties. If no arbitrator can be mutually agreed upon, the American Arbitration Association will appoint one at a party’s request. The arbitrator has no authority to:
(i) award relief in excess of what this Agreement provides; or (ii) award punitive damages or any other damages not allowed by this Agreement. The arbitration fee and both parties’ attorneys’ fees will be borne by the losing party. In the course of arbitration, the parties will continue to respect the Agreement insofar as is reasonably practical except the part of the Agreement that is under arbitration. All arbitration claims must be brought within one year of the date the claim accrued and, if this one-year limitation is not enforced for any reason, in no event will a claim be permitted beyond the time period allowed by the applicable statute of limitations. #2..
- 25 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 13

CONFIDENTIAL

11.6.3 No Class Actions. Subscriber shall not bring any collective or class action in court or in arbitration against Spatialitics but will only pursue its own individual claims. This section does not prevent either party from seeking injunctive relief, including specific performance, against the other party in any court having jurisdiction.

11.7 Entire Agreement. This Agreement, together with the attached exhibits, constitutes the entire understanding of the parties with respect to its subject matter and supersedes all prior oral or written negotiations, agreements and understandings.

This Agreement may not be modified or amended except in writing signed by authorized persons on the parties’ behalf. If any conflict exists between the main body of this Agreement and any exhibit, the main body of this Agreement will control.

11.8 Severability. If any provision of this Agreement is or becomes or is deemed invalid, illegal or unenforceable under applicable Laws, such provision will be deemed amended to the extent necessary to conform to those Laws. If it cannot be so amended without materially altering the parties’ intent, it will be stricken, and the remainder of this Agreement will remain in force.

11.9 Governing Law. The validity, construction, interpretation, and performance of this Agreement, and any disputes or legal actions arising under or from this Agreement, is governed by the laws and regulations of the United States of America and the State of Illinois, as applied to contracts made and to be performed entirely within the State of Illinois.

11.10 Further Actions. Each party agrees to take or cause to be taken such further actions, and to approve, execute, deliver, and file or cause to be approved, executed, delivered and filed, such further documents and instruments, and to obtain such consents, as may be reasonably required or requested in order to fully effectuate the Agreement.

11.11 Captions. The captions and headings used in this Agreement are inserted for convenience only, do not form a part of this Agreement, and shall not be used in any way to construe or interpret this Agreement.

11.12 Counterparts. This Agreement may be signed (including facsimile or imaged signatures) in one or more counterparts, with the same effect as if the parties had signed the same document. Each signed counterpart will be deemed to be an original, and all the counterparts will be construed together as one Agreement. #2..
- 26 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 14

CONFIDENTIAL
The parties are signing this Agreement by their authorized officers or agent on the Effective Date.

SPATIALITICS, LLC
Date: ______________, 2021 By: ___________________________________ Name: Vince A Rosales
Title: Vice President

SUBSCRIBER
_________________________
Date: ______________, 2021 By: _________________________________ Name:

Title:
#2..
- 27 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 15

CONFIDENTIAL
Exhibit A
Software Products, Third Party Licenses, and Availability  Software Products – Hosted in the Azure Government Cloud:
o GeoShield Real Time (Incl. Crime Analysis Dashboard / Real Time Dashboard)  Software Products – Hosted on-premise server(s)
o Support for GeoShield Status Monitor
o GeoShield Insights Dashboard
o GeoShield Unity Connector
o GeoShield Real Time Media Stream Relay
o GeoShield Public Camera Registration
 Availability: The Software Products provided by this Subscription Agreement depends on (i) the third-party resource selected by Spatialitics to host the Software Products; (ii) the functioning of the Software Products; and (iii) the connection Subscriber uses to access the Software Products.

The availability standard for each of these components is as follows:
o 24x7, subject to normal prearranged downtimes for maintenance in off hours and provider outages beyond Spatialitics’ control.
o Spatialitics shall provide daily help desk in connection with the Software Products Monday to Friday (8AM to 5PM EST).

Product Overview
Spatialitics’ product, GeoShield™ Real Time transforms Police Agencies into Real-Time Crime Centers.

Unlike any other product, GeoShield is a Force-Multiplier that effectively utilizes Agency Data and Video Integration to assist in daily operations and Real-Time Incident Management.

GeoShield Real Time provides agencies the ability to visualize their crime data, conduct crime analysis, compare locations of incidents with other data and information, and stream live video feeds, all from a single, easy to use interface. These functions are accomplished with the use of GeoShield Unity Connector and the GeoShield Real Time Media Stream Relay. GeoShield Real Time alerts users of crucial priority events, which allow users to respond quicker and more efficiently. Further analysis of crime data provides informational pieces to allow the agency to address growing problems within their community and act accordingly.

Spatialitics’ product, GeoShield™ Insight Dashboard is a Force-Multiplier that effectively provides the management of requests for information as they are received, as well as suspicious activity reports and tips. Management and searching of documents throughout the application allow for timesaving and efficiency throughout the agency, allowing analysts to focus on the work necessary to mitigate crime.

GeoShield Insights Dashboard allows for the generation of reports to help agencies understand their crime data, report effectively, manage resources, and allocate additional staff when necessary; all from a single, easy to use interface.
#2..
- 28 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx 16

CONFIDENTIAL
Exhibit B
List of Open Source Software and Links to Terms and Conditions Governing Use INCLUDED IN COMPANY’S WEBSITE at ATTRIBUTION REPORT (spatialitics.net) #2..
- 29 -
Exhibit C
Statement of Work

GEOSHIELD REAL TIME

GEOSHIELD INSIGHTS DASHBOARD
Software as a Service (SaaS) Subscription
Modesto Police Department, Modesto California
October 5, 2021
#2..
- 30 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
1 | P a g e

TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................1

1. AGREEMENT ............................................................................................................2

2. PROJECT BACKGROUND ..............................................................................................2

3. COMMENCEMENT DATE ..............................................................................................2

4. SCOPE OF SERVICES ...................................................................................................2

5. OPERATIONS AND GOVERNANCE: ..................................................................................3

5.1. Escalation Process ...................................................................................3

5.2. Change Management...............................................................................3

5.3. Key Contacts ...........................................................................................3

5.4. Reports ...................................................................................................4

5.5. Service Levels..........................................................................................4

6. EXCLUSIONS ............................................................................................................5

7. ASSUMPTIONS & DEPENDENCIES ...................................................................................5

8. MODESTO GEOSHIELD SAAS SUBSCRIPTION DETAILS ..........................................................6

9. ROADMAP AND NEW FEATURE CLIENT INCLUSION..............................................................7

10. PRICING AND PAYMENT TERMS.....................................................................................7

11. SIGNATURE .............................................................................................................9 APPENDIX – 1: DESCRIPTION OF SERVICES...........................................................................10

1. MONITORING.........................................................................................................10

2. SERVICE DESK ........................................................................................................10

2.1. Ticket Management ...............................................................................10

2.2. L1 Support ............................................................................................10

2.3. Escalations ............................................................................................10

3. GEOSHIELD REAL TIME SUPPORT .................................................................................10

3.1. Incidents: ..............................................................................................10

3.2. Service Requests ...................................................................................10 APPENDIX – 2: SERVICE LEVELS ........................................................................................11

1. SERVICE PRIORITY DEFINITIONS ..................................................................................11

2. PRIORITY DEFINITION / DESCRIPTION ...........................................................................11

3. SERVICE LEVELS ......................................................................................................11 APPENDIX – 3: IN-SCOPE COMPONENTS .............................................................................12 APPENDIX – 4: CHANGE MANAGEMENT..............................................................................13 #2..
- 31 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
2 | P a g e

1. AGREEMENT
This GeoShield Real Time Statement of Work (“SoW”) is governed under the Subscription Agreement (the “Agreement”) between Spatialitics LLC (“Spatialitics”, “us” or “our”) and Modesto Police Department, City of Modesto California (“MPD”, “Client”, “you” or “your”). Capitalized terms in this SoW shall have the same meaning as those in the Agreement, unless otherwise indicated below.

2. PROJECT BACKGROUND
GeoShield has been in use by the Modesto Police Department providing a solution that will allow integration of multiple camera feeds and provide a real time view into their crime and call for service data. GeoShield has been operational in the Modesto Police Department since 2017 fulfilling the requirements identified by MPD.

This SoW and Subscription agreement is a continuation of the previous 5-year GeoShield Annual Subscription agreement which was put into effect on February 14, 2017, and following the Response to the Request for Proposal and Specifications No 1617-04. The initial Annual subscription was for the GeoShield Software and 30 Concurrent Users.

This SoW will provide MPD subscription to GeoShield for a 5-year term (3 years + 2 optional years) with a total of 50 concurrent users.

3. COMMENCEMENT DATE
The intended commencement date is 2/14/2022.

4. SCOPE OF SERVICES
Subject to the terms described in this SoW, the GeoShield SaaS Subscription includes:

Service Details In-Scope Components
Operations and
Maintenance
 7x24 monitoring
 Dedicated service desk
 Incident resolution
 Change management
 Version upgrades & patch management
 L1, L2 and L3 support
 GeoShield Real Time
o Crime Analysis Dashboard
o Real Time Dashboard
 GeoShield Unity Connector
 GeoShield Insights Dashboard
 GeoShield Real Time Media Relay
 GeoShield Public Camera Reg. Portal
Appendix – 1: Description of Services provides detailed description of various services included in the scope of this SoW.
#2..
- 32 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
3 | P a g e

5. OPERATIONS AND GOVERNANCE:

Both parties will use the following governance structure to address any issues and conflicts.

5.1. ESCALATION PROCESS
The engagement will facilitate a monthly call with the Product Manager and a Quarterly Status Review with Spatialitics Executive Management and Client Team. All the escalation team members’ contact details will be made available to the Client team and can be reached any time for any issue escalation.
 Manager-Level Meetings: Spatialitics and Client governance team will participate in monthly status meetings.
 Key Stakeholder Meetings: Additionally, Spatialitics and Client will hold quarterly meetings to discuss any outstanding issues and the overall strategic direction of the relationship.

5.2. CHANGE MANAGEMENT
It may become necessary to amend this SoW based on changes in the Client’s requirements or other factors leading to the change in the scope. In the event either party desires to change this SoW, the procedures described in Appendix -4: Change Management will apply.

5.3. KEY CONTACTS
Vince Rosales
[email protected]
+1 303-321-0592
Spatialitics LLC Account Executive
Nicholas Poorte
[email protected]
+1 506-886-8344
Product Manager
Modesto Police Department, TBD
City of Modesto, California TBD
#2..
- 33 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
4 | P a g e

5.4. REPORTS
To ensure transparency and provide detailed operational information, Spatialitics will submit or make available the following reports to the Client when necessary:

REPORT CONTENTS
Quarterly Review major accomplishments for the period
Review and discuss upcoming initiatives
Review quarterly performance with executive staff
Overall service performance

5.5. SERVICE LEVELS
Spatialitics will provide the Services as per the SLAs discussed in this section.

Spatialitics will report its performance based on these SLAs. A detailed description of the Service Levels can be found in Appendix – 2: Service Levels Service Service Level Service Level Agreement (SLA)
Response Time P1: 30 Minutes
P2: 30 Minutes
P3: 4 hours
P4: 1 business day
97%
Resolution Time P1: 24 continuous hours
P2: 1 business day
P3: 4 business days
P4: Scheduled
Target 97%*

5.5.1. Coverage Window
Services described in this SoW will be available during the Coverage Window mentioned here.

SLAs will be measured only during the Service Window. Spatialitics will exercise reasonable efforts to provide services outside the Coverage Window.  Monitoring Services 7x24
 Other support services Monday to Friday (8AM to 5PM EST) #2..
- 34 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
5 | P a g e

6. EXCLUSIONS
The following services and activities are excluded from the scope of this SoW:
 Procurement of any additional licenses and/or tools from what is agreed upon in Subscription Agreement
 Link and Bandwidth provisioning
 Troubleshooting, configuration, or services around third party products  Geospatial and non-Geospatial data creation, cleansing and maintenance  Application development
 Hardware provisioning for onsite servers/VMs
 Licensing for Microsoft SharePoint and User CALs (covered and managed by MPD)  Third party licenses from Microsoft, ESRI, or dependent systems for on-premise database and server management

7. ASSUMPTIONS & DEPENDENCIES
 Servers for software located on premise will remain operational and provided for use with the Spatialitics Software listed in Exhibit A of the Subscription Agreement.  Remote access to the environment for Spatialitics personnel will be provided through a VPN (provided by MPD) for upgrade installation, on-going maintenance, and support of the dependent systems.
 SQL/Oracle Database will be made accessible with appropriate login credentials and read access and appropriate write access for the ongoing support of GeoShield Real Time Unity Connector, GeoShield Real Time Media Relay, GeoShield Real Time Dashboard configuration, GeoShield’s Insight Dashboard and Reports published to GeoShield’s Insight Dashboard by appropriate MPD personnel
 For use of AD Identity Authentication, continued access to Active Directory or Active Directory Federation Services and AD FS Proxy will be made available by MPD  Spatialitics personnel will continue to support the GeoShield Real Time dashboards, GeoShield Real Time Media Relay, GeoShield Unity Connector, and GeoShield Insight Dashboard and published reports for MPD
 All communications for the applications and features will be encrypted and over HTTPS  User Acceptance Testing and Training will be provided by GeoShield SME when needed or upgrades affecting the application functionality are identified  Identified Data Sources for Records Management and Computer Aided Dispatch:
o When/If the Client determines they are transitioning vendors for one of these data sources, We will work with the customer in that transition process and this will consume the previously identified data source for the Client. o The transition process, mapping of the new data set, and providing the visualization within GeoShield will be covered under the maintenance and support for the identified dataset
o If during the transition process there is an identified cost to connect to the dataset from the new vendor, that cost will be the responsibility of the Client #2..
- 35 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
6 | P a g e

8. MODESTO GEOSHIELD SAAS SUBSCRIPTION DETAILS
GeoShield Real Time (Continued Support)
 Real Time Dashboard (2 Configured dashboards)
o Real Time CAD configuration and visualization
o Real Time AVL configuration and visualization
o Real Time Camera Streaming from connected and available RTSP Streams  Crime Analysis Dashboard (2 Configured dashboards)
o Configured Data Sets for GeoShield Unity
o Historic CAD
 Priority Calls breakdown
 Collisions
o Historic RMS (Inform RMS)
 Crime Information
 Stolen / Recoveries (Recovered Stolen Vehicles)
 Top 10 Arrests
 Arrests
o Historic RMS (IQ RMS)
o Probationers
o Citations
o Quality of Life events
GeoShield Real Time Media Stream Relay
GeoShield Unity Connector
GeoShield Insight Dashboard (Continued Support)
 GeoShield Insights Dashboard (specific to mobile access and continue to refine)  Briefing Notes
 RFI Management
o User Management of RFI and SAR Participants
 Document Libraries and Management
 RSS Feed of Local News Widget
 Drag and Drop Libraries for sharing of information
GeoShield Public Camera Registry Portal (Administrative Portal / Public Facing Portal) GeoShield Status Monitor
User Manuals (Hosted on Support Portal)
Access to Support Portal
#2..
- 36 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
7 | P a g e

9. ROADMAP AND NEW FEATURE CLIENT INCLUSION
Spatialitics maintains a roadmap for ongoing development of product and associated software applications.

We take insight from direct client communication, market trends, best practices, and evolving technologies in managing GeoShield future features. Throughout the term of the subscription, Spatialitics encourages and solicits feedback from our valued Clients and makes consideration for placement and priority in the GeoShield roadmap. Prioritization is based on user adoption (or reach of the feature), the need or impact, feasibility (confidence in providing a functional and beneficial feature), and the effort involved to meet the specifications.

Roadmap related items are reviewed and discussed in detail when presented by the Client to ensure clarity and determine priority.

For Client specific or high priority requests, Spatialitics will engage in direct communication with the Client to understand requirements, assess, facilitate and determine release timelines. Typically, these requests are fulfilled by our professional services team on a project cost basis.

Items identified as part of Roadmap, or which are determined to be part of roadmap will not incur additional costs to MPD.

Items identified by Modesto Police Department:

Items Currently Present on 2022 Roadmap (timeline to be mutually agreed upon by Spatialitics and MPD based on need)
 Ability to filter Live CAD – Pending to filter by call type or remove call types – i.e. TRU classified calls, only P1 calls, only P1 and P2 calls, etc
 Continued refinement of GeoShield 4 to include full transition away from v. 3  Re-introduce all sliders/toggles
 Real-time / Near real-time update of CAD data instead of static view with link to PDF  (Completed) Finish integration of LPR alerts
 (Completed) Ability to have LPR alerts plot on map in real-time when enabled  (Completed) Wish-list item dependent on API functionality – ability to do basic ALPR record queries from GeoShield
 Current SSRS/GeoShield report support
Items identified by MPD which will need further discussion/discovery for consideration of roadmap placement and coordination of mutually agreed upon timeline based on feasibility and need  Development of iPhone-capable quick-view version of CFS, unit status, and call details  Dream goal: 2-way capability with GeoShield users able to add data to call via GeoShield  Pull up adjacent LPR Cameras when viewing LPR Hits and show hit data from Vigilant  Work with IT to establish a simplified URL – i.e. https://modestopd.com/gs  Ability to have field resources using iPad/iPhone with GeoShield shown as an AVL resource on live map  Integrate Axon Respond (camera live-view) and body cam GPS capabilities as a layer  Camera connection auditing capabilities (list that shows camera feeds that are down)  Wish-list item: integrate ability to stream traffic from PD radio channels (1-way only) #2..
- 37 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
8 | P a g e

10. SIGNATURE
The parties are signing this SoW by their authorized officers or agents on the SoW Effective Date. Faxed or imaged signatures are acceptable.

City of Modesto California Name:

Title:

Date:

Spatialitics LLC
Name: Vince A. Rosales
Title: Vice President
Date:
#2..
- 38 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
9 | P a g e
APPENDIX – 1: DESCRIPTION OF SERVICES

1. MONITORING
Client’s GeoShield Unity Connector, GeoShield Insights Dashboard, and GeoShield Real Time will be monitored 24/7.

2. SERVICE DESK

2.1. TICKET MANAGEMENT
o First level response to emails, calls, or tickets from client o Logging tickets with appropriate priority
o Updating status in the ticketing portal

2.2. L1 SUPPORT
o Support for basic issues
o Initial investigation and basic troubleshooting
o FAQ support

2.3. ESCALATIONS
o Determining if L2 or L3 support is required
o Escalating to L2 or L3 appropriately

3. GEOSHIELD REAL TIME SUPPORT

3.1. INCIDENTS:

An incident is defined as an event that results in interruption of one or more services.

3.1.1. Incident Resolution
 Identifying and logging incidents
 Investigating, analyzing, and troubleshooting
 Providing issue resolution and recovery
 Verifying and closing incidents

3.2. SERVICE REQUESTS
A Service Request is defined as an enhancement or change to GeoShield Real Time, GeoShield Unity Connector, or GeoShield’s Real Time Media Relay.

3.2.1. Change Management
Customizing or enhancing existing functionality within the product

3.2.2. L2 Support and L3 Support
Providing in-depth technical support
#2..
- 39 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
10 | P a g e
APPENDIX – 2: SERVICE LEVELS

1. SERVICE PRIORITY DEFINITIONS
Spatialitics will follow service categories (prioritized based on the business level impact of the service) defined below.

2. PRIORITY DEFINITION / DESCRIPTION

2.1. Priority Definition/Description
1 The entire application is unavailable. A critical component of the application is unavailable, resulting in client not being able to conduct critical day-to-day business activities and no acceptable temporary work-around can be identified. 2 A critical component of the application is unavailable, resulting in client not being able to conduct critical day-to-day business activities. However, an acceptable temporary workaround has been identified. 3 A non-critical part of the application is unavailable or Incident causing or at risk of causing inconvenience and/or increased work effort but not seriously impacting client’s ability to conduct day-to-day business activities.
4 Incident with the application that is causing or at risk of causing a minimal amount of increased work effort but is not impacting client’s ability to conduct day-to-day business activities.

3. SERVICE LEVELS
Priority Condition Response Time Resolution Time*
1 1. Significant number of clients
are affected

2. No workaround available

1. Email and call to acknowledge
within 30 minutes

2. Email and call on resolution
24 contiguous
hours
2 1. Multiple clients are affected

2. Possible acceptable
workaround

1. Email and call to acknowledge
within 30 minutes

2. Email on resolution
1 business day
3 1. Few clients or individual work
is affected

2. Possible workaround exists

1. Email to acknowledge within
4 hours

2. Email on resolution
4 business days
4 1. Requests for additional
information

2. No impact on work

1. Email to acknowledge
within 1 business day

2. Email on resolution
Scheduled
NOTE: Resolution time can vary depending on complexity of the issue and other dependencies. #2..
- 40 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
11 | P a g e
APPENDIX – 3: IN-SCOPE COMPONENTS
GeoShield Insight Dashboard Support & Maintenance
GeoShield Real Time Support & Maintenance
GeoShield Unity Connector Support & Maintenance
GeoShield Real Time Media Streaming Support & Maintenance GeoShield Public Camera Registry Support & Maintenance
GeoShield Status Monitor Support & Maintenance
#2..
- 41 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
12 | P a g e
APPENDIX – 4: CHANGE MANAGEMENT
It may become necessary to amend this SoW based on changes in the Client’s requirements or other factors leading to the change in the scope. In the event either party desires to change this SoW, the following procedures will apply:
 The party requesting the change will deliver a Change Request Form (attached in this section) to the other party.
 The Change Request will describe:
o The nature of the change
o The reason for the change
o The effect the change will have on the scope of work, which may include changes to the Deliverables, the schedule and the price.
 A Change Request may be initiated by either party for any changes to the SoW.  The designated contact of the requesting party will review the proposed change with his/her counterpart.
 The parties will evaluate the Change Request and negotiate in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request. o If both parties agree to implement the Change Request, the appropriate authorized representatives of the parties will sign the Change Request, indicating the acceptance of the changes by the parties.
 Upon execution of the Change Request, said Change Request will be incorporated into, and made a part of, this SoW.

Note: Whenever there is a conflict between the terms and conditions set forth in a fully executed Change Request and those set forth in the original SoW, or previous fully executed Change Request, the terms and conditions of the most recent fully executed Change Request shall prevail. #2..
- 42 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
13 | P a g e
Change Request Form
CHANGE REQUEST # <n>
With reference to the change requested by <Client> for GeoShield™ Real Time, Spatialitics LLC (“Spatialitics”) and Client, both parties hereby certify, by the signature of an authorized representative, that this Change Management Request will amend and be fully incorporated into the existing Statement of Work (SoW) or Proposal.
1 Change Request Number #<n>
2 Reason for Change Request
3 Nature of Change
4 Reference SoW
5 Schedule Impact
6 Cost Impact:
7 Purchase Order Issuance (as
applicable)
Client shall issue a written Purchase Order to Spatialitics or shall issue an amendment to its original PO issued under this SoW. 8 Original Reference PO#
Except as changed herein, all terms and conditions of the SoW remain in full force and effect.

City of Modesto California Spatialitics LLC
By By
Name Name
Title Title
Date Date
#2..
- 43 -
FINAL Spatialitics Subscription Agreement Ver G1.1 (ccb12Sept2019).docx

CONFIDENTIAL
1 | P a g e
Exhibit D
Fees and Terms
Pricing and Payment
Item Cost (USD)
GeoShield Subscription Year 1 $70,000.00
GeoShield Subscription Year 2 $70,000.00
GeoShield Subscription Year 3 $70,000.00
GeoShield Subscription Year 4 $73,500.00
GeoShield Subscription Year 5 $73,500.00
Total not to exceed cost of: $357,000.00
NOTE:

Spatialitics will invoice Year 1 of the Subscription on the Effective Date and subsequently Year 2 and Year 3 on Day 1 of each anniversary of the Effective Date with net 30-day payment terms.

TERM:
 Engagement Duration
Initial term for the contract under this SoW is for a period of three Subscription years. At the sole discretion of the MPD the term can be extended in two one year increments, for a total of 5 years.
 Early Termination Fees
If Client terminates this SoW for any reason except Spatialitics’ breach, Client shall pay Spatialitics an early termination fee according to the following schedule:
 Fee if Terminated for Convenience in Year 1: 12 months’ notice or 12 months subscription fee, less the prorated remaining value of Subscription fees already paid.  Fee if Terminated for Convenience in Year 2: 6 months’ notice or 6 months subscription fee, less the prorated remaining value of Subscription fees already paid.  Fee if Terminated for Convenience in Year 3: 3 months’ notice or 3 months subscription fee, less the prorated remaining value of Subscription fees already paid. #2..
- 44 -
CyberTech Systems and Software (CyberTech) appreciates the City of Modesto Police Department’s interest in contracting for another subscriber term using our GeoShield Real Time platform in your Real Time Crime Center (RTCC)!
Over the years, CyberTech has expanded our portfolio from delivering software development, IT solutions and consulting to include product business platforms in Public Safety, Healthcare and Utilities. The GeoShield Real Time platform fits into the latter.

In 2019, CyberTech’s executive management decided to launch Spatialitics LLC as an entity to manage our product development and subscriptions. Spatialitics LLC is a wholly owned subsidiary of CyberTech. Rather than do a contract modification mid-term, we continued with Modesto under the CyberTech commitment.

The Spatialitics LLC subscription term for GeoShield Real Time as described in the attached agreement is ultimately an extension to the initial CyberTech agreement. The Spatialitics agreement includes enhanced support and specific details around Service Level Agreements (SLAs) that are natural to product licensing.

As your Account Executive, being involved from the onset of our relationship, I hold Vice President positions in CyberTech and Spatialitics and will continue to serve the City of Modesto in this capacity. The GeoShield team that The City has grown a trusted relationship with continues as well.

CyberTech/Spatialitics LLC are fully committed to the City of Modesto Police Department’s continued success!
I am available to provide additional information and/or clarity as needed.

We look forward to continuing our mutually beneficial and highly valued relationship with the City of Modesto.

Respectfully submitted,
Vince A. Rosales
Vice President/Account Representative
CyberTech/Spatialitics LLC
#2..
- 45 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 16, 2021
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa, Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Creekside Golf Course Metro PCS California, LLC Tower Lease Amendment #1 CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving a first lease amendment for cell tower at Creekside Golf Course with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS), extending the maximum term of the Agreement through October 31, 2044 and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The City of Modesto partners with various cellular service providers by leasing city property for cell towers. These partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the Federal Communications Commission mandated E911 Services, and also provide annual revenue to the City of Modesto to maintain the City park system.

On September 7, 2004, by Resolution No. 2004-440, Council approved a 5-year lease agreement with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS) for 200 square feet of ground space at Creekside Golf Course for the construction of the communication facilities. This agreement included three (3) extensions of five (5) years each expiring October 31, 2024.
#3..
- 46 -
Safety and Communities Committee, January 10, 2022
Creekside Golf Course MetroPCS West, LLC Cell Tower Lease Amendment #1

Page 2 of 3 ends

In early 2021, MetroPCS notified the City of their interest in amending the existing lease agreement to provide long-term site security.

DISCUSSION:

In order to provide long-term security, the cell tower owner at Creekside Golf Course, MetroPCS, requests that the City provide a long-term extension to this contract. This extension will give MetroPCS assurance that the site is secure long-term, and ensure that their large capital investment of costly communication equipment will be secure well beyond the current agreement’s expiration date. Additionally, this amendment will also ensure the stability of a site that provides E911 services for the citizens of Modesto. Finally, this amendment will provide a fixed revenue source to the City for the next 20+ years.

Included in Amendment No. 1 to Site Lease Agreement (attached) are the following notable changes:
1) Term extension: Four (4) additional, five (5) year renewal terms which would extend the final contract expiration term until October 31, 2044.
2) Rent escalation: The City has requested a rent escalation of 3% annually on the anniversary of the amendment.

Visually there is not expected to be any major impact to the course’s landscape as a result of this contract amendment. MetroPCS has done a good job maintaining the site in the past and there have been no recorded maintenance complaints at this site.

FISCAL IMPACT:

The terms of this amendment adjust how the automatic rent escalation is calculated. The original agreement adjusts the rent 1 time at the beginning of each 5-year term, based upon the Consumer Price Index (CPI)-U, which has averaged of approximately 1.75% annually over the last 10 years. The amendment changes this calculation to a fixed annual increase of 3% regardless of CPI or other economic performance indicators. This ensures that the City will be able to plan for a steadily maintained growth of revenue over life of this amendment (approximately 23 years).

MetroPCS will continue to pay the City rent according to the existing contract for the remaining three years of the current contract term in the amount of $1,887.77. Effective November 1, 2024, the rent will be increased to $2,135.48 Monthly ($25,625.76 annually) and increase at a rate of 3% each year thereafter.

Over the 3 remaining years of the current contract, the City will receive approximately $68,000 in revenue. If approved, this amendment will provide new revenue to the City of approximately $712,000 over the full term of the lease.

Revenue Projection:

Remaining Lease period (3 years) $ 68,000
Estimated New revenue (20 added years) $644,000
Estimated Revenue Increase: $712,000
The estimated total revenue over the future life of the contract, if MetroPCS opts into all extensions, is approximately $712,000. Ten percent (10%) of the monthly revenue will be deposited into the Parks, Recreation and Neighborhoods Department’s Parks Planning and #3..
- 47 -
Safety and Communities Committee, January 10, 2022
Creekside Golf Course MetroPCS West, LLC Cell Tower Lease Amendment #1

Page 3 of 3 ends

Development Division’s revenue account # 0100-32020-46002 for administration, and the remaining 90% of the revenue will be deposited into the Creekside Golf Course revenue account # 0100-34210-46004 and will offset the General Fund expense of golf course maintenance.

Creekside Golf Course cell site estimated revenue itemized as follows:

Creekside Golf Course revenue (90%) $641,000
Administration and Contract Support (10%) $ 71,000
Total Estimated Revenue during 22 year contract term $712,000 No budget adjustment is required at this time. Staff will budget the increase in cell tower revenue to the operating budget beginning in the FY2024/25.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement is exempt from CEQA because it is an administrative action.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. MetroPCS Creekside Golf Course Cell Site Lease Amendment #3..
- 48 -
1 TMO Site ID: SC90263M 4/5/21
TMO Lease ID: 146148
Lincoln/Creekside Metro/T-Mobile

FIRST AMENDMENT TO SITE LEASE AGREEMENT
This First Amendment to Site Lease Agreement (the “First Amendment”) is effective as of this _____ day of ___________, 2021, the date of execution by the last party to sign (the “Effective Date”) by and between City of Modesto, a municipal corporation of the State of California (“Landlord”) and MetroPCS California, LLC, a Delaware limited liability company (“Tenant”) (each a “Party”, or collectively, the “Parties”).

WHEREAS, Landlord and Tenant (or their predecessors-in-interest) entered into that certain Site Lease Agreement dated September 7, 2004 (the “Agreement”) regarding the leased premises (“Premises”) located at 701 Lincoln Avenue, Modesto, CA 95354 (the “Property”).

WHEREAS, the Premises may be used by Tenant as set forth in Paragraph 3 of the Agreement;
WHEREAS, the Agreement had an initial five (5) year term that expired on October 31, 2009. The Agreement provides for three (3) extensions of five (5) years each, all of which were exercised by Tenant. According to the Agreement, the final extension expires on October 31, 2024; and
WHEREAS, Landlord and Tenant desire to amend the Agreement on the terms and conditions contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows:

For good and valuable consideration, Landlord and Tenant agree as follows:

1. The final sentence of Paragraph 2 of the Agreement (Lease Term) is hereby amended in its entirety to read as follows:

Tenant shall have the right to extend this Agreement for seven (7) additional five (5) year terms (each extension is referred to as a “Renewal Term”) pursuant to Paragraph 22 below. Landlord and Tenant hereby acknowledge that Tenant has exercised the first three (3) Renewal Terms, leaving a balance of four (4) Renewal Terms, with the final Renewal Term expiring on October 31, 2044.

2. Paragraph 22 of the Agreement (Option to Extend) is hereby amended in its entirety to read as follows: “Tenant may extend the Agreement for seven (7) five (5) year Renewal Terms, as set forth in Paragraph 2 above, by giving written notice of Tenant’s intent to extend to Landlord no less than ninety (90) days but no more than six (6) months prior to Agreement expiration.”
SC90263M_NLG-44727_AMD_146148
DocuSign Envelope ID: BEBE4F06-96F2-4A67-8D44-DA332BFAA1A9 #3..
- 49 -
2 TMO Site ID: SC90263M 4/5/21
TMO Lease ID: 146148
Lincoln/Creekside Metro/T-Mobile

3. On the Effective Date, Paragraph 4(c) of the Agreement (Compensation) shall be removed in its entirety and replaced as follows:

Commencing on November 01, 2024, Tenant shall pay Landlord, as Rent, the sum of Two Thousand One Hundred Thirty-Five and 48/100 Dollars ($2,135.48) per month. Thereafter, annually on November 1, the Rent shall be increased by an amount equal to three percent (3%) over the Rent payable for the immediately preceding year. This new Rent shall supersede and replace prior Rent.

4. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below.

Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other Party.

If to Tenant:

T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ Site SC90263M
If to Landlord:

City of Modesto
Parks, Recreation and Neighborhoods
Department
P.O. Box 642
Modesto, CA 95353
Attn: Director of PRND

5. Tenant and Landlord will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Property without additional payment or consideration.

6. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Agreement, the terms and provisions of this Amendment shall control. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment.

7. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this First Amendment will legally bind the Parties to the same extent as originals.

DocuSign Envelope ID: BEBE4F06-96F2-4A67-8D44-DA332BFAA1A9 #3..
- 50 -
3 TMO Site ID: SC90263M 4/5/21
TMO Lease ID: 146148
Lincoln/Creekside Metro/T-Mobile

8. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this First Amendment. Landlord represents and warrants to Tenant that the consent or approval of a third party has either been obtained or is not required with respect to the execution of this First Amendment. If Landlord is represented by any property manager, broker or any other leasing agent (“Agent”), then (a) Landlord is solely is responsible for all commission, fees or other payment to Agent and (b) Landlord shall not impose any fees on Tenant to compensate or reimburse Landlord for the use of Agent, including any such commissions, fees or other payments arising from negotiating or entering into this First Amendment or any future amendment.

9. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns.

SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: BEBE4F06-96F2-4A67-8D44-DA332BFAA1A9 #3..
- 51 -
4 TMO Site ID: SC90263M 4/5/21
TMO Lease ID: 146148
Lincoln/Creekside Metro/T-Mobile
IN WITNESS, the Parties execute this First Amendment as of the Effective Date.

LANDLORD:

City of Modesto,
a municipal corporation of the State of
California
By:

Print Name: Joseph P. Lopez____________
Title: City Manager
Date:

TENANT:

MetroPCS California, LLC,
a Delaware limited liability company
By:

Print Name: __________________________
Title: ________________________________
Date:

Attest:

By:

Print Name: Stephanie Lopez, City Clerk
Approved as to form:

By:

Print Name: Jose M. Sanchez, City Attorney
Approved as to Risk Management form:

By:

Print Name: Jiles Smith, Risk Manager
TMO Signatory Level: L07,SL07
SC90263M_NLG-44727_AMD_146148
___________________
T-Mobile legal approval as to form
Erica Mateen Digitally signed by Erica Mateen
Date: 2021.12.03 13:23:18 -06'00'
DocuSign Envelope ID: BEBE4F06-96F2-4A67-8D44-DA332BFAA1A9 Ana Hemmert
Director Tech Procurement
12/12/2021
#3..
- 52 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 15, 2021
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa, Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Davis Park Metro PCS California, LLC Cell Tower Lease Amendment #1 CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving a lease amendment at Davis Park with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS), extending the maximum term of the Agreement through November 30, 2044 and authorizing the replacement of existing ball field lighting infrastructure at the expense of the vendor as necessary and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The City of Modesto partners with various cellular service providers by leasing city property for cell towers. These partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the Federal Communications Commission mandated E911 Services, and also provide annual revenue to support park maintenance.

On September 28, 2004, by Resolution No. 2004-495, Council approved a 5-year lease agreement with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS) for 200 square feet as well as the use of 1 outfield baseball field lighting pole at Davis Park. This agreement included five (3) extensions of five (5) years each. #4..
- 53 -
Safety and Communities Committee, January 10, 2022
Davis Park Metro PCS California, LLC Cell Tower Lease Amendment #1

Page 2 of 3 ends

In early 2021, the City of Modesto was notified that MetroPCS would like to amend the existing lease agreement to provide long-term site security and perform various site upgrades.

DISCUSSION:

In order to provide long-term security, the cell tower owner at Davis Park, MetroPCS, requests that the City provide a long-term extension to this contract. This extension will give MetroPCS assurance that the site is secure long-term, and ensure that their large capital investment of costly communication equipment will be secure well beyond the current agreement’s expiration date of November 30, 2024. Additionally, this amendment will ensure the stability of a site that provides E911 services. Finally, this amendment will provide a fixed revenue source to the City for the next 20+ years.

Included in Amendment No. 1 to Site Lease Agreement (attached) are the following notable changes:
1) Term extension: Four (4) additional five (5) year renewal terms which would extend the final contract expiration term until November 30, 2044. 2) Rent escalation: The City has requested a rent escalation of 3% annually on the anniversary of the amendment.
3) Construction/Donation: MetroPCS intends to demolish the existing light standard utilized at Davis Park and replace it with a new light standard that has been engineered for the weight of the new antenna equipment and capable of continued use for sports field lighting. MetroPCS will handle the purchase and installation of the new tower, and the demolition of the current light standard, and when construction is complete, will donate the project to the city.

Visually there is not expected to be any major impact to the park landscape as a result of these proposed actions. MetroPCS has done a good job maintaining the site in the past and there are no recorded maintenance complaints at this site.

FISCAL IMPACT:

The terms of this amendment adjust how the automatic rent escalation is calculated. The original agreement adjusts the rent 1 time at the beginning of each 5-year term, based upon the Consumer Price Index (CPI)-U, which has averaged of approximately 1.75% annually over the last 10 years. The amendment changes this calculation to a fixed annual increase of 3% regardless of CPI or other economic performance indicators. This ensures that the City will be able to plan for a steadily maintained growth of revenue over life of this amendment (approximately 23 years).

MetroPCS will continue to pay the City rent according to the existing contract for the remaining three years of the current contract term in the amount of $2,654.88. Effective December 1, 2024, the rent will be increased to $3,053.11 Monthly ($36,637.32 annually) and increase at a rate of 3% each year thereafter.

Over the 3 remaining years of the current contract, the City will receive approximately $95,000 in revenue. If approved, this amendment will provide new revenue to the City of approximately $1 million over the full term of the lease.
#4..
- 54 -
Safety and Communities Committee, January 10, 2022
Davis Park Metro PCS California, LLC Cell Tower Lease Amendment #1

Page 3 of 3 ends

Revenue Projection:

Remaining Lease period (3 years) $ 95,500
Estimated New revenue (20 added years) $ 984,500
Estimated Revenue Increase: $1,080,000
The estimated total revenue over the life of the contract, if MetroPCS exercises all options for contract extensions, is approximately $1.08 Million. Ten percent (10%) of the monthly revenue will be deposited into the Parks, Recreation and Neighborhoods Department’s Parks Planning and Development Division’s revenue account # 0100-32020-46002 for administration, and the remaining 90% of the revenue will be deposited into the Park Operations and Maintenance Division Revenue Account # 0100-35220-43690 and will offset the General Fund expense of parks maintenance.

DAVIS CELL SITE REVENUE ITEMIZED AS FOLLOWS:

Parks Operations and Maintenance (90%) $ 972,000
Administration and Contract Support (10%) $ 108,000
Total Estimated Revenue during 23-year contract term $1,080,000 No budget adjustment is required at this time. Staff will budget the increase in cell tower revenue to the operating budget beginning in the FY2024/25.

Additionally, the City of Modesto will receive a capital contribution to the park in the form of a new ballfield lighting pole. The estimated value of this contribution is $75,000.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement is exempt from CEQA because it is an administrative action.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. MetroPCS Davis Park Cell Site Lease Amendment
#4..
- 55 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 56 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 57 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 58 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 59 -
T-Mobile Legal
Approved
12/8/21
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 Director Tech Procurement
Ana Hemmert
12/12/2021
#4..
- 60 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 61 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 62 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 63 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 64 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 65 -
DocuSign Envelope ID: 550BC2D8-3585-459C-90B7-EC4C7EEBC225 #4..
- 66 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 16, 2021
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa, Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Beyer Park T-Mobile West, LLC Cell Tower Lease Amendment #1 CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving a lease amendment at Beyer Park with T-Mobile West, LLC, a Delaware limited liability company (T-Mobile), extending the maximum term of the Agreement through December 31, 2043 and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The City of Modesto partners with various cellular service providers by leasing city property for cell towers. These partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the Federal Communications Commission mandated E911 Services, and also provide annual revenue to the City of Modesto to maintain the City park system.

On December 11, 2003, by Resolution No. 2003-645, Council approved a 5-year lease agreement with T-Mobile California, LLC, a Delaware limited liability company (T-Mobile) for 347 square feet as well as the use of 1 outfield softball field lighting pole at Beyer Park. This agreement included three (3) extensions of five (5) years each expiring December 31, 2023. #5..
- 67 -
Safety and Communities Committee, January 10, 2022
Beyer Park T-Mobile West, LLC Cell Tower Lease Amendment #1

Page 2 of 3 ends

In early 2021, T-Mobile notified the City of their interest in amending the existing lease agreement to provide long-term site security.

DISCUSSION:

In order to provide long-term security, the cell tower owner at Beyer Park, T-Mobile, requests that the City provide a long-term extension to this contract. This extension will give T-Mobile assurance that the site is secure long-term, and ensure that their large capital investment of costly communication equipment will be secure well beyond the current agreement’s expiration date. Additionally, this amendment will also ensure the stability of a site that provides E911 services for the citizens of Modesto. Finally, this amendment will provide a fixed revenue source to the City for the next 20+ years.

Included in Amendment No. 1 to Site Lease Agreement (attached) are the following notable changes:
1) Term extension: Four (4) additional five (5) year renewal terms which would extend the final contract expiration term until December 31, 2043. 2) Rent escalation: The City has requested a rent escalation of 3% annually on the anniversary of the amendment.

Visually there is not expected to be any major impact to the park landscape as a result of this contract amendment. T-Mobile has done a good job maintaining the site in the past and there have been no recorded maintenance complaints at this site.

FISCAL IMPACT:

The terms of this amendment adjust how the automatic rent escalation is calculated. The original agreement adjusts the rent 1 time at the beginning of each 5-year term, based upon the Consumer Price Index (CPI)-U, which has averaged of approximately 1.75% annually over the last 10 years. The amendment changes this calculation to a fixed annual increase of 3% regardless of CPI or other economic performance indicators. This ensures that the City will be able to plan for a steadily maintained growth of revenue over life of this amendment (approximately 22 years).

T-Mobile will continue to pay the City rent according to the existing contract for the remaining three years of the current contract term in the amount of $1,731.97. Effective January 1, 2024, the rent will be increased to $2,127.90 Monthly ($25,534.80 annually) and increase at a rate of 3% each year thereafter.

Over the 3 remaining years of the current contract, the City will receive approximately $62,305 in revenue. If approved, this amendment will provide new revenue to the City of approximately $1 million over the full term of the lease.

Revenue Projection:

Remaining Lease period (3 years) $ 62,350
Estimated New revenue (20 added years) $641,355
Estimated Revenue Increase: $703,705
The estimated total revenue over the future life of the contract, if T-Mobile exercises all extension options, is approximately $703 thousand. Ten percent (10%) of the monthly revenue will be deposited into the Parks, Recreation and Neighborhoods Department’s Parks Planning #5..
- 68 -
Safety and Communities Committee, January 10, 2022
Beyer Park T-Mobile West, LLC Cell Tower Lease Amendment #1

Page 3 of 3 ends

and Development Division’s revenue account # 0100-32020-46002 for administration, and the remaining 90% of the revenue will be deposited into the Park Operations and Maintenance Division Revenue Account # 0100-35220-43690 and will offset the General Fund expense of parks maintenance.

Beyer Park cell site estimated revenue itemized as follows:

Parks Operations and Maintenance (90%) $633,335
Administration and Contract Support (10%) $ 70,370
Total Estimated Revenue during 22 year contract term $703,705 No budget adjustment is required at this time. Staff will budget the increase in cell tower revenue to the operating budget beginning in the FY2023/24.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement is exempt from CEQA because it is an administrative action.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. T-Mobile Beyer Park Cell Site Lease Amendment
#5..
- 69 -
DocuSign Envelope ID: 7D5298B0-C60D-42AC-841C-5C3CC04D19AE #5..
- 70 -
DocuSign Envelope ID: 7D5298B0-C60D-42AC-841C-5C3CC04D19AE #5..
- 71 -
DocuSign Envelope ID: 7D5298B0-C60D-42AC-841C-5C3CC04D19AE #5..
- 72 -
T-Mobile Legal
Approved
11/29/21
DocuSign Envelope ID: 7D5298B0-C60D-42AC-841C-5C3CC04D19AE Director Tech Procurement
12/8/2021
Ana Hemmert
#5..
- 73 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 20, 2021
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: California Violence Intervention and Prevention (CalVIP) Grant Program Application
CONTACT: Brandon Gillespie, Chief of Police, [email protected] 209-572-9500
DESCRIPTION:

Consider approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind match for a maximum commitment of $12 million, and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.

BACKGROUND:

Formerly known as the California Gang Reduction, Intervention & Prevention (CalGRIP) Grant Program, the State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Year (FY) 2017-18. CalVIP encouraged jurisdictions to develop local approaches that would meet the diverse needs of each community. In 2019, the CalVIP grant was codified as the Break the Cycle of Violence Act (Chapter 735, Statues of 2019) and established the authority and duties of the Board of State and Community Correction (BSCC) to administer CalVIP, including the selection criteria for grants and reporting requirements to the Legislature.

Historically, CalVIP has received approximately $9 million each year. In 2021, the state Budget Act provided a one-time augmentation of $200 million across three fiscal years to enhance #6..
- 74 -
Safety and Communities Committee, January 10, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 2 of 5 ends

CalVIP (FY 2021-22, 2022-23, 2023-24). In addition to this one-time increase, the BSCC anticipates CalVIP will continue to receive an annual $9 million allocation. The total available funding through this CalVIP Request for Proposals (RFP) is $209,650,000.

Eligible applicants are cities that are “disproportionately impacted by violence” and communitybased organizations that serve the residents of those cities. For city applicants, either the city itself or a department within the city may serve as the applicant. For the purposes of the CalVIP grant program, a city is disproportionately impacted by violence if any of the following are true:
(1) The city experienced 20 or more homicides per calendar year during two (2) or more of the three (3) calendar years immediately preceding the grant applications. Modesto does not qualify under this criterion.
(2) The city experienced 10 or more homicides per calendar year and had a homicide rate that was at least 50% higher than the statewide homicide rate during two (2) or more of the three (3) calendar years immediately preceding the grant application. Modesto does not qualify under this criterion.
(3) The applicant otherwise demonstrated a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community. (Pen. Code, SS 14131, subd. (e).). A “unique and compelling need,” as defined by the CalVIP Executive Subcommittee is:
a. The city experienced five (5) or more homicides during two (2) or more of the three (3) years prior to the grant application. Modesto qualifies under this criterion.

Successful proposals will be funded for a three-year grant project service period commencing on July 1, 2022 and ending on June 30, 2025. An additional six (6) months (July 1, 2025 through December 31, 2025) will be included in the term of the contract for the sole purposes of finalizing and submitting a required local evaluation report and financial audit. The total grant agreement term will be July 1, 2022 to December 31, 2025.

DISCUSSION:

The Police Department is seeking approval to apply for the CalVIP grant program to improve public health and safety in Modesto by supporting effective violence reduction initiatives, particularly to combat group-member involved homicides, shootings, and aggravated assaults.

In adherence with the purpose of the CalVIP grant program and in conjunction with communitybased organizations and other public agencies, the Police Department will work to support, expand and replicate evidence-based violence reduction initiatives that shall be primarily focused on providing violence intervention services to a small segment of the population that has been identified as having the highest risk of perpetrating or being victimized by violence in the near future.

The Police Department has reviewed crime statistics to identify the “small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence” as required by the RPF. Based on this analysis of data, the area south of Kansas Ave, north of the Tuolumne River, west of Hwy 99 and east of S Carpenter Rd has been identified as the target area. In addition, it has been determined that the proposal will take a focused deterrence approach that has up to four prongs early prevention, diversion, hot spot/direct enforcement and reintegration. Each prong is outlined below with a general summary of what could be implemented.
#6..
- 75 -
Safety and Communities Committee, January 10, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 3 of 5 ends

Early prevention – The Police Department statistics show that most felony aggravated assaults suspects start to peak at around 17-years-old. Early prevention efforts should be focused within the school system with a target audience of younger than 14 years old in order to reach suspects prior to the age peak. From a law enforcement perspective, there are two major roles that officers can contribute to early prevention: school resource officers (SRO) and gang education. An SRO should not simply be a physical presence to act as a deterrent but have an active role in prevention through mentoring and teaching students and teachers. In schools where the SROs took an active preventative role, there was lower levels of nonviolent and serious violent incidents. Related to gang education, one program of interest is the G.R.E.A.T. program. The G.R.E.A.T. program’s goal is to reduce gang activity and to teach students about the negative consequences of gang involvement. The implementation of this program in other areas have had largely successful results.

Diversion – Diversion programs aim to provide an alternative to traditional punitive punishment. The focus of diversion programs is to rehabilitate versus punish and should be focused on slightly older, but not yet adult, adolescents that have committed low-level crimes/violence or have only exhibited school-based issues. Typical diversion programs require community service, paying restitution, attending alcohol or drug awareness classes, or meeting with an inmate. Criteria is set for a defined time period and if no reoffence occurs within that time period, then the citation is removed from their record.

Hot Spot/Direct Enforcement – For direct enforcement, a variety of programs have shown to be effective in reducing assaults. Overall, programs that targeted specific offenders were more effective than general traffic stops. These types of activities are effective in short-term reductions in crime and increased perceptions of neighborhoods.

They are difficult to maintain long-term, however, and therefore must be paired with these other focus areas to have the most long-term impact possible.

Re-integration – Programs focused on parolees and adults who have been incarcerated have largely utilized community resources to provide resources to help these adults reintegrate into society. These resources can include, but are not limited to: vocational education, employment programs, stable housing, and family houses. These have all been shown to be effective in reducing recidivism.

The Police Department is in the initial stages of identifying partner agencies for this effort and has begin discussions with the following entities:
 Modesto City Schools
 Boy and Girls Club of Stanislaus County
 Behavioral Health and Recovery Services - Stanislaus County  Parks and Recreation Department
 Stanislaus County Probation Department
 Housing Authority of the County of Stanislaus
 Family Justice Center of Stanislaus County
 Sierra Vista Child and Family Services
 Stanislaus Community Foundation
 Opportunity Stanislaus
#6..
- 76 -
Safety and Communities Committee, January 10, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 4 of 5 ends

These partners, and any others identified moving forward, are critical to the success of the program put in place locally. The fiscal impact will be outlined in the section below; however, it is important to note that this grant requires at least a 50 percent (50%) pass through to at least one (1) of either a non-governmental, community-based organization and/or public agencies that are not law enforcement whose primary mission is violence prevention or community safety.

If the city designates this type of department or agency as the applicant entity, this requirement will be automatically met. Funds paid to professional grant management organizations, consulting firms, auditors, and evaluators do not count toward meeting this pass-through obligation. It is the Police Department’s intent to require any agencies proposing to be part of this grant provide a 100 percent (100%) match commitment to the amount of funds being requested.

FISCAL IMPACT:

The authorizing statute for the CalVIP grant program requires that all grantees contribute a 100 percent (100%) match to all grant funds awarded. This match can be cash or in-kind or a combination of both. Grantees are required to maintain documentation to support all match that is claimed. Cash match, also known as hard match, is income from a source other than grant funds that is budgeted for the project. When used to augment the project, cash expenditures for items such as personnel, facilities, and supplies may be considered cash match, if not in violation of the prohibition on supplanting. In-kind match, also known as a soft match, is the project’s contribution of non-cash outlay of materials or resources to support a percentage of the BSCC’s grant award activities. It may include non-cash outlay contributed by other public agencies and institutions, private organizations, and individuals. Examples include donated office supplies, equipment, professional services, and volunteer time.

The maximum grant amount available to each eligible entity is set by the BSCC at $6 million - $2 million in each fiscal year of the three-year grant term. Whatever amount the Police Department and its partner agencies determine is necessary to provide an effective and compliant program to reduce violence, the match requirement would be 100% of that amount up to the $6 million maximum. It is the Police Department’s intent that the matching funds will be primarily in the form of in-kind matches or, if a cash match, it will be limited to the expenditure of personnel costs dedicated to the program, or a portion thereof. As stated in the section above, it is the Police Department’s intent to require all partner agencies in this grant application and program to provide a 100% match for funds they are requesting. As 50% of the grant is required to be passed through to a community-based organization or public agency that is not law enforcement, this would leave 50% of the match requirement as the City’s portion. The Police Department is seeking out non-General Fund funding sources that could also be leveraged for the match requirement. Additionally, the Police Department intends to enter into Memorandums of Understanding with agencies who support the purpose and activities of the grant and count their services, facilities, supplies, volunteers, etc. toward the match requirement.

If grant funding is awarded by BSCC, staff will return to Council to accept the terms of the grant and a full outline of the grant funds and match requirement and how it will be met will be outlined at that time for approval.
#6..
- 77 -
Safety and Communities Committee, January 10, 2022
California Violence Intervention and Prevention (CalVIP) Grant Program Application

Page 5 of 5 ends

Approved by:

Brandon Gillespie, Chief of Police
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant Program Request for Proposals #6..
- 78 -

California Violence
Intervention and
Prevention (CalVIP)
Grant Program

REQUEST FOR PROPOSALS

Eligible Applicants:

Category 1 & 2: California Cities Disproportionately
Impacted by Violence and the Community-Based
Organizations that Serve Them (see Table 1)
Grant Service Period: July 1, 2022 to June 30, 2025
RFP Released: November 19, 2021
Letters of Intent Due: January 7, 2022
Proposals Due: February 11, 2022
#6..
- 79 -
This page intentionally left blank
#6..
- 80 -
Table of Contents
PART I: GRANT INFORMATION ................................................................................... 1 Background Information ........................................................................................................... 1 Contact Information.................................................................................................................. 1 Proposal Due Date and Submission Instructions...................................................................... 1 Letters of Intent to Apply .......................................................................................................... 2 Bidders’ Conference................................................................................................................. 2 CalVIP Purpose ....................................................................................................................... 3 Eligibility to Apply ..................................................................................................................... 3 Eligible Community-Based Organizations ................................................................................ 5 Grant Period............................................................................................................................. 6 Funding Information ................................................................................................................. 7 Match Requirement.................................................................................................................. 8 Project Description................................................................................................................... 9 Using the Principles of Evidence-Based Practice ...................................................................11 Reducing Racial and Ethnic Disparity.....................................................................................12 Organizational Capacity and Coordination .............................................................................12 General BSCC Grant Requirements.......................................................................................13 BSCC Executive Steering Committee Process.......................................................................18 Overview of the RFP Process ................................................................................................19 PART II: PROPOSAL INSTRUCTIONS ....................................................................... 23 Proposal Narrative and Budget Guidelines.............................................................................24 PART III: APPENDICES............................................................................................... 29 Appendix A: BSCC’s Crime Data Analysis .............................................................................30 Appendix B: Eligible Cities for CalVIP Funding.......................................................................31 Appendix C: Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds.....32 Appendix D: Glossary of Terms and Resources.....................................................................34 Appendix E: Sample Letter of Commitment for Key Partners .................................................43 Appendix F: Sample Grant Agreement...................................................................................44 Appendix G: Sample Governing Board Resolution................................................................. 65 Appendix H: Local Evaluation Plan & Local Evaluation Report...............................................66 Appendix I: Certification of Compliance with BSCC Polices Regarding Debarment, Fraud, Theft and Embezzlement .......................................................................................................70 Appendix J: CalVIP Executive Steering Committee................................................................71 Appendix K: CalVIP Project Work Plan Instructions ...............................................................72 California Violence Intervention and Prevention (CalVIP) Grant Proposal ............ 74 #6..
- 81 -

CONFIDENTIALITY NOTICE
All documents submitted as part of the California Violence Intervention and Prevention Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, §§ 6250 et seq.)
#6..
- 82 -
PART I, Page | 1
PART I: GRANT INFORMATION
Background Information
Formerly known as the California Gang Reduction, Intervention & Prevention (CalGRIP) Grant Program, the State Legislature established the California Violence Intervention and Prevention (CalVIP) Grant Program in Fiscal Year (FY) 2017-18. CalVIP encouraged jurisdictions to develop local approaches that would meet the diverse needs of each community. In 2019, the CalVIP grant was codified as the Break the Cycle of Violence Act (Chapter 735, Statutes of 2019) and established the authority and duties of the Board of State and Community Correction (BSCC) to administer CalVIP, including the selection criteria for grants and reporting requirements to the Legislature.

Historically, CalVIP has received approximately $9 million each year. In 2021, the state Budget Act provided a one-time augmentation of $200 million across three fiscal years to enhance CalVIP (FY 2021-22, 2022-23, and 2023-24). In addition to this one-time increase, the BSCC anticipates CalVIP will continue to receive an annual $9,000,000 allocation.
1 The total available funding through this CalVIP Request for Proposals (RFP) is $209,650,000.
2 Contact Information
This RFP provides the necessary information to submit a CalVIP proposal to the BSCC.

The BSCC staff cannot assist the applicant or its partners with the actual preparation of the proposal. Any technical questions concerning the RFP, the proposal process, or programmatic issues must be submitted by email to: [email protected].

The BSCC will accept and respond to written questions about this RFP until January 28, 2022. A frequently asked questions and answers (FAQs) document will be posted to the BSCC website and periodically updated through January 28, 2022.

Proposal Due Date and Submission Instructions
Proposals must be received by 5:00 P.M. on Friday, February 11, 2022. Applicants must ensure the proposal package is signed with a digital signature OR a wet blue ink signature that is then scanned with the completed proposal package. Email the complete proposal package to: [email protected].

A complete proposal package will include:
• One (1) Portable Document Format (PDF) file that contains the Proposal Narrative and all required attachments (see CalVIP Proposal Checklist). • An Excel version of the Budget Attachment (Budget Tables and Budget Narrative).

Do not submit the Budget Attachment in a PDF version.

NOTE: If the BSCC does not receive an email containing the complete proposal package by 5:00 p.m. (PST) on February 11, 2022, the proposal will not be considered for funding. 1 Provided funding is appropriated in the FY 2022-23, and 2023-24 State Budget Acts. 2 Provided funding is appropriated in the FY 2022-23, and 2023-24 State Budget Acts. #6..
- 83 -
PART I, Page | 2
Applicants are strongly advised to submit proposals in advance of the due date and time to avoid disqualification.

Letters of Intent to Apply
Applicants interested in applying for a CalVIP grant are asked (but not required) to submit a non-binding letter indicating their intent to apply. These letters will aid the BSCC in planning for the proposal evaluation process. Please submit the letter in Microsoft Word or as a PDF.

There is no formal template for the letter, but it should include the following information:

1. Name of the applicant entity;

2. Name of a contact person; and

3. A brief statement indicating the applicant’s intent to submit a proposal.

Failure to submit a Letter of Intent is not grounds for disqualification. Prospective applicants that submit a Letter of Intent and decide later not to apply will not be penalized.

Please email a non-binding CalVIP Letter of Intent to Apply by Friday, January 7, 2022.

Please identify the email subject line as “CalVIP Letter of Intent” and submit the letter to [email protected].

Bidders’ Conference
Prospective applicants are invited to attend a virtual Bidders’ Conference. Attendance at the virtual Bidders’ Conference is not a requirement. The purpose of the CalVIP Bidders’ Conference is to answer technical questions from prospective bidders (applicants) and provide clarity on RFP instructions. Topics may include but are not limited to proposal submission instructions, information on evidence-based violence reduction initiatives, eligibility, funding, and an overview of the evaluation requirements. There is no preference given to applicants who attend the Bidders’ Conference.

Bidder’s Conference details are listed below:

CalVIP Virtual Bidders’ Conference
Friday, December 17, 2021, at 10:00 a.m.

Public access options for this meeting include:

Join by Zoom:
• https://us02web.zoom.us/j/84924696594?pwd=WVIrcG9GVGJLVE1mcjdFalJU UnowZz09
• Meeting ID: 849 2469 6594 | Passcode: 588976
Call In:
• 1-669-900-9128
• Meeting ID: 849 2469 6594 | Passcode: 588976
#6..
- 84 -
PART I, Page | 3
CalVIP Purpose
Assembly Bill (AB) 1603 (Chapter 735, Statutes of 2019), also known as the Break the Cycle of Violence Act was signed by Governor Newsom on October 11, 2019. In pertinent part, AB 1603 codified the establishment of the CalVIP and defined its purpose as follows:

The purpose of CalVIP is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults.

CalVIP grants shall be used to support, expand, and replicate evidence-based violence reduction initiatives, including, without limitation, hospital-based violence intervention programs, evidence-based street outreach programs, and focused deterrence strategies, that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults. These initiatives shall be primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future.

Eligibility to Apply
Eligible applicants are cities that are “disproportionately impacted by violence” (see Table 1 below) and community-based organizations that serve the residents of those cities. (Pen. Code, § 14131, subd. (b).)
For city applicants, either the city itself or a department within the city may serve as the applicant.

Eligible applicants may not submit more than one proposal. However, any applicant may apply as a direct grantee and may also be a subgrantee on a maximum of two additional proposals. If an applicant intends to apply directly and is also a subgrantee on another proposal, the proposals cannot be duplicative and must fund separate and unique activities.

For purposes of the CalVIP grant program, a city is disproportionately impacted by violence if any of the following are true:
(1) The city experienced 20 or more homicides per calendar year during two (2) or more of the three (3) calendar years immediately preceding the grant application. (2) The city experienced 10 or more homicides per calendar year and had a homicide rate that was at least 50% higher than the statewide homicide rate during two (2) or more of the three (3) calendar years immediately preceding the grant application.
(3) The applicant otherwise demonstrated a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community.
(Pen. Code, § 14131, subd. (e).)
#6..
- 85 -
PART I, Page | 4
A “unique and compelling need,” as defined by the CalVIP ESC is:
• The city experienced five (5) or more homicides during two (2) or more of the three (3) years prior to the grant application.

See Appendix A for a description of the BSCC’s data analysis process.

Table 1 identifies the 53 cities that meet one (1) or more of the above three (3) criteria.

See Appendix B for a list of eligible cities including population. These cities and any community-based organization (CBO) that serves the residents of these cities are eligible to apply for CalVIP funding. The CBO need not be physically located inside the city limits in order to be eligible.

Table 1. Cities Eligible to Apply for CalVIP Funding*
City
(1) 20 or more
homicides per
calendar year
(2) 10 or more
homicides per
calendar year
(3) 5 for more
homicides per
calendar year
1 Anaheim X
2 Antioch X
3 Bakersfield X X X
4 Carson X
5 Cathedral City X
6 Chula Vista X
7 Colton X
8 Compton X X
9 Delano X
10 El Cajon X
11 El Monte X
12 Fairfield X
13 Fontana X
14 Fresno X X X
15 Gardena X
16 Hayward X
17 Hemet X
18 Hesperia X
19 Inglewood X X
20 Jurupa Valley X
21 Lancaster X
22 Long Beach X X
23 Los Angeles X X X
24 Merced X
25 Modesto X
#6..
- 86 -
PART I, Page | 5
Table 1. Cities Eligible to Apply for CalVIP Funding*
26 Moreno Valley X
27 Norwalk X
28 Oakland X X X
29 Ontario X
30 Oxnard X
31 Palm Springs X
32 Palmdale X
33 Pasadena X
34 Perris X
35 Pomona X X
36 Rancho Cordova X
37 Redlands X
38 Rialto X
39 Richmond X X
40 Riverside X
41 Sacramento X X X
42 Salinas X
43 San Bernardino X X X
44 San Diego X X
45 San Francisco X X
46 San Jose X X
47 Santa Ana X
48 Santa Maria X
49 Stockton X X X
50 Tracy X
51 Turlock X
52 Vallejo X X
53 Victorville X
* CBOs that serve the residents of these cities are also eligible to apply Eligible Community-Based Organizations
Community-based organizations (CBOs) eligible for CalVIP funding include any nongovernmental organization that provides direct services to the community and meets the following eligibility criteria. Private individuals, independent contractors, professional grants management organizations, consulting firms, auditors, and evaluators may not apply directly for CalVIP funds (though they may be included as partners on a CalVIP grant project).
#6..
- 87 -
PART I, Page | 6
All applicants must submit Appendix C, Criteria for NGOs that Receive BSCC Grant Funds as part of the complete proposal package to document the compliance of any NGOs identified as partners in the proposal. All grantees must submit an updated Appendix C throughout the life of the grant agreement for any additional NGOs that may receive CalVIP funds through subcontracts after awards are made. The BSCC will not reimburse for costs incurred by NGOs that do not meet the BSCC’s requirements.

Grant Period
Successful proposals will be funded for a three-year grant project service period commencing on July 1, 2022 and ending on June 30, 2025.

However, an additional six (6) months (July 1, 2025, through December 31, 2025) will be included in the term of the contract for the sole purposes of:

Eligibility Criteria for All Non-Governmental Organizations Receiving BSCC Grant Funds
Any non-governmental organization that receives CalVIP grant funds (as either a direct grantee, subgrantee, or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the CalVIP grantee;
• Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the granteesubcontractor fiscal agreement; • Be a nonprofit and recognized by the Internal Revenue Service as a 501(c)(3) organization;
• Employ persons or volunteers that have a minimum of three (3) years of combined experience in implementing violence reduction strategies and have implemented these strategies within the past five (5) years; • Be registered with the California Secretary of State’s Office; • Have an Employer Identification Number (EIN);
• Have a valid business license, if applicable;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address in the State of California. (An agent for service of process with a California address is insufficient.)
#6..
- 88 -
PART I, Page | 7
1) Finalizing and submitting a required Local Evaluation Report, and 2) Finalizing and submitting a required financial audit.

The total grant agreement term will be July 1, 2022 to December 31, 2025.

Funding Information
Funding Distribution & Funding Thresholds
The total available funding through this CalVIP Request for Proposals is $209,650,000. 3 This funding amount has been distributed across three (3) categories, as shown in Table 2 (below). Applicants within each category will compete independent of the other categories.

Applicants may apply for any amount up to and including the maximum grant amount in one (1) of the three (3) categories. Applicants are strongly encouraged to apply for only the amount of funding needed to implement the project. Proposals will be scored, in part, on the reasonableness of the proposed budget.

Table 2. Funding Distribution and Maximum Grant Amounts Funding Categories Maximum Grant
Amount*
Available
Funding
(1) Cities Disproportionately Impacted by Violence $6,000,000 $99,825,000 (2) CBOs that Serve the Residents of Cities
Disproportionately Impacted by Violence $6,000,000 $99,825,000 (3) Small Scope CBOs that Serve the Residents of
Cities Disproportionately Impacted by Violence $400,000 $10,000,000 Total Funding Available for Competitive Grants $209,650,000 *Applicants may apply for any amount, up to and including the maximum grant amount.

City of Los Angeles
The State Budget Act provides that $2,000,000 be made available annually to the City of Los Angeles on a non-competitive basis. The City of Los Angeles is required to submit a proposal that meets the RFP requirements. (Note: CBOs serving residents within the City of Los Angeles are still eligible to apply separately under funding categories 2 and 3, as applicable.)
Mandatory Pass-Through Requirement for City Applicants
Authorizing statute requires that all city grantees pass-through at least 50 percent (50%) of the grant funds they receive to at least one (1) of the following:
• Non-governmental, community-based organizations and/or 3 Provided funding is appropriated in the FY 2022-23, and 2023-24 State Budget Acts #6..
- 89 -
PART I, Page | 8
• Public agencies that are not law enforcement whose primary mission is violence prevention or community safety (e.g., Office of Violence Prevention, Office of Neighborhood Safety, etc.). Note: if the city designates this type of department or agency as the applicant entity, this requirement will be automatically met.

Funds paid to professional grants management organizations, consulting firms, auditors, and evaluators do not count toward meeting this pass-through obligation.

BSCC Funding Decisions
Applicants will compete for funds within their applicable funding category (see Table 2).

Once the proposals have been scored and ranked, BSCC will move down the ranked lists to fund all qualified applicants in each of the three (3) funding categories until all funds in that category are exhausted. Applicants that fall at the cut-off point may be offered a partial award if there are not sufficient remaining funds to make a full award.

If funding remains in one or more categories, the following will occur:
• Funds remaining in Category (1), after all qualified applicants in that category have been fully funded, will be used to fund any additional qualified applicants in Category (2).
• Funds remaining in Category (2), after all qualified applicants in that category have been funded, will be used to fund any additional qualified applicants first in Category 3 and then Category (1).
• Funds remaining in Category (3), after all qualified applicants in that category have been funded, will be used to fund any additional qualified applicants in first Category (2) and then Category (1).

If an applicant or grantee relinquishes an award, BSCC has authority to offer that award to the next qualifying applicant (s) on the ranked list.

Match Requirement
Authorizing statute requires all CalVIP grantees contribute a 100 percent (100%) match to all grant funds awarded. This match can be cash or in-kind or a combination of both.

Grantees must maintain documentation to support all match that is claimed.

Cash match, also known as hard match, is income from a source other than grant funds that is budgeted for the project. When used to augment the project, cash expenditures for items such as personnel, facilities, and supplies may be considered cash match, if not in violation of the prohibition on supplanting. Grantees must maintain documentation to support the claimed cash match.

Note: CalVIP funds cannot be used as match for another CalVIP grant.

In-kind match, also known as soft match, is the project’s contribution of non-cash outlay of materials or resources to support a percentage of the BSCC’s Grant Award activities.

It may include non-cash outlay contributed by other public agencies and institutions, private organizations, and individuals. Examples include donated office supplies, #6..
- 90 -
PART I, Page | 9
equipment, professional services, and volunteer time. In general, the value of in-kind contributions is determined by fair market value. Grantees must maintain documentation to support the claimed in-kind match.

Because in general, the value of in-kind contributions is determined by fair market value.

If volunteer services are counted as in-kind contributions, additional measures should be followed to document the value of the services. Projects must document actual time worked by using a time reporting system and maintain documentation to support the claimed hourly pay rate of the volunteer services. The rate claimed should be comparable to the rates for paid employees performing similar duties. Published rates will not be allowed unless the grantee can provide evidence that the rates are comparable.

The documentation should include duty statements for the volunteer positions, and the comparable paid employee positions, and information regarding the hourly pay rates paid to those employees. The hourly volunteer rates used multiplied by the volunteer hours worked must total the dollar amount of the claimed in-kind contributions. This calculation and the other referenced documentation must be maintained as part of the accounting records.

Project Description
Target Population & Target Area
AB 1603 mandates that initiatives funded by the CalVIP grant program shall be “primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future.” (Pen. Code, § 14131, subd. (c).)
The applicant must describe how it will identify the target population, including the process used to ensure those individuals at highest risk are prioritized. The applicant must have a plan for reaching those individuals those individuals and providing appropriate interventions based on an individual’s needs. The target area for grant services should correspond to the target population.

Eligible Activities for Funding
AB 1603 requires that CalVIP grants be used to support, expand and replicate evidencebased violence reduction strategies “that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults.” (Pen. Code, § 14131, subd. (c).) Within that definition, applicants have some discretion in selecting a strategy or strategies that best fit the scope of the problem and the needs of the target community.

Table 3. Examples of Evidence-based Strategies
Including but not limited to:
 Cognitive Behavioral Therapy
 Collective Efficacy
 Diversion
 Employment/Job Training
 Focused Deterrence
 Hospital-Based Violence Intervention
 Intensive Case Management
 Mental Health Services
 Mentoring/Credible Messengers
 Street Outreach
#6..
- 91 -
PART I, Page | 10
Table 3 includes examples of the types of strategies that may be funded by this grant.

The listed examples are not exhaustive nor are applicants required to implement them.

Applicants may choose to incorporate components from several strategies to best fit the needs of the individuals targeted for services, including families and victims of violence.

See Appendix D, Glossary of Terms, for descriptions of these strategies and other resources.

Regardless of the strategy or strategies selected, applicants must be able to explain why that strategy was chosen for the target population/target area and cite evidence that indicates the strategy is likely to “reduce the incidence of homicides, shootings and aggravated assaults.” (Pen. Code, §14131, subd. (f)(4).) Technical Assistance
Most of the strategies listed above require technical assistance in order to be implemented with fidelity to the model. To ensure grant funds are used efficiently and effectively, CalVIP grantees are strongly encouraged to obtain outside technical assistance (i.e., subject matter expertise) in implementing and monitoring the selected violence reduction strategy. If an applicant is expanding or enhancing an existing strategy, the applicant must be able to demonstrate a plan for ongoing monitoring and quality assurance.

Other Eligible Grant Expenditures
The BSCC recognizes offering meals, incentives, and participant support items can help maximize participation among clients engaged in services. CalVIP grant funds may be used to purchase meals or snacks, items or activities used as program incentives, and participant support items, only if they are used to encourage program participation, reward participants who meet certain documented milestones, or celebrate program completion.

In all cases, there must be a direct link to grant-funded activities.

Once the Grant Agreement is executed, explicit prior written approval from the BSCC is required for the purchase of any of the items listed above or for participant travel, even if these items were included in the original application’s proposed budget. Further, successful applicants will be required to maintain and provide detailed documentation for any meals, incentives, and travel purchased with match or grant funds. Discretion for final approval of any purchases under this section lies with the BSCC. Purchases should not be made until the BSCC approves the written request. The BSCC shall not be obligated to reimburse purchases made with CalVIP grant funds without prior approval.

Ineligible Grant Expenditures
CalVIP grant funds may not be used for the following:
• Acquisition of real property/real estate
• Firearms, weapons, weapons systems, ammunition, or tactical training4 • High-tech surveillance or monitoring equipment and intelligence systems (e.g., shot spotter, gang database)
• “Scared Straight” type programs (see https://crimesolutions.ojp.gov/) 4 Tactical training could include firearms, tactical movement, tactical combat and/or SWAT training. #6..
- 92 -
PART I, Page | 11
For additional information on eligible and ineligible costs, refer to the BSCC Grant Administration Guide, found on the BSCC website.

Using the Principles of Evidence-Based Practice5
The BSCC is committed to supporting a focus on better outcomes in the criminal justice system and those involved in it. CalVIP grant funds must be used to support programs, practices, and strategies rooted in documented evidence showing they reduce violence while also considering the needs of the target communities and individual participants.

Applicants are therefore required to use data to drive conscientious decision-making in the development, implementation, and appraisal of their overall projects. Applicants should be able to demonstrate that their proposal is linked to the implementation of practices and strategies supported by data.

The extent to which an applicant can demonstrate that the strategy they have chosen has been shown to be effective at reducing violence will be evaluated as a part of the rating process. In developing a proposal, applicants should focus on the following three (3) basic principles:

1. Is there evidence or data to suggest that the intervention or strategy is likely to work, i.e., produce a desired benefit?
For example, was the intervention or strategy selected by the project used by another entity with documented positive results? Is there published research/information on the chosen intervention that demonstrates its effectiveness? Is the intervention or strategy being used by another entity with a similar problem and similar target population?

2. Once an intervention or strategy is selected, will you be able to demonstrate that it is being carried out as intended?
For example, does this intervention or strategy provide for a way to monitor quality control or continuous quality improvement? If this intervention or strategy was implemented by another entity, are there procedures in place to ensure the model is being closely followed (so the project is more likely to achieve similar desired outcomes)?

3. Is there a plan to collect data that will allow for an appraisal of whether the intervention or strategy worked?
For example, will the intervention or strategy selected allow for the collection of data or other information so outcomes can be measured at the conclusion of the project? Are there or will there be processes in place to identify, collect, and analyze that data/information?
Applicants are encouraged to develop an overall project that incorporates these principles and is tailored to fit the needs of the communities they serve. Plans to measure the effectiveness of a project should include the use of both qualitative and quantitative 5 Lowenkamp and Latessa, 2003, Lowenkamp, 2003; Lowenkamp & Latessa, 2005a; Lowenkamp and Latessa, 2005b; Center for Criminal Justice Research and the Corrections Institute at the University of Cincinnati, Correctional Program Checklist Assessment.
#6..
- 93 -
PART I, Page | 12
data/information. While quantitative data/information is based on numbers and mathematical calculations, qualitative data/information is based on written or spoken narratives. The purpose of quantitative data/information is to explain, predict, and/or control events through focused collection of numerical data, while the purpose of qualitative data/information is to explain and gain insight and understanding of events through collection of narrative data/information.

Reducing Racial and Ethnic Disparity
Research shows that youth and adults of color are significantly overrepresented in the criminal justice system in California.
6 BSCC supports efforts to reduce racial and ethnic
disparities and encourages others to do the same. The BSCC has undertaken several activities to ensure that California addresses this concern including trainings. Applicants should, as relevant, describe how grant activities will impact youth of color who are subject to justice or child welfare system involvement.

For additional information about reducing racial and ethnic disparity (R.E.D.), prospective applicants may contact the R.E.D. Coordinator, Field Representative Timothy Polasik, at [email protected].

Organizational Capacity and Coordination
Applicants will be rated, in part, on how well they demonstrate they have the experience, a staffing plan, and any partnerships necessary to implement the proposed strategy. If an applicant is unable to identify staff and/or subcontractors until after the grant is awarded, the applicant should explain, at a minimum, the process and criteria by which they will select staff and/or subcontractors after award.

Distinct from administrative staff and partners, applicants must also demonstrate how they plan to ensure that the staff who deliver the services or work with the target population in the field have backgrounds and experience that are culturally relevant to the proposed strategy and/or target population (to include racial/ethnic diversity, gender diversity, current or prior system involvement, etc.).

AB 1603 requires that applicants address how they will use grant funds to enhance coordination of existing violence prevention and intervention programs and minimize duplication of services. (Pen. Code, § 14131, subd. (f)(3).) Successful applicants are strongly encouraged to take stock of existing programs in order to identify those that might conflict with, compete with, or duplicate the strategy they are proposing to implement.

Written Agreements from Key Partners
If the success of the proposed strategy relies on the participation of an outside agency or organization (i.e., an entity other than the applicant is to play a necessary or critical role in project implementation), the applicant must include a Letter of Commitment to 6 Multiple studies confirm the disparities in the criminal and juvenile justice systems. The W. Haywood Burns Institute (http://www.burnsinstitute.org/) has worked extensively on this issue as has the National Council on Crime and Delinquency (NCCD) and the Center for Juvenile Justice Reform, Georgetown University (https://cjjr.georgetown.edu/certificate-programs/reducing-racial-and-ethnic-disparities/) Created Equal: Racial and Ethnic Disparities in the US Criminal Justice System (NCCD: Hartney/Vuong March 2009) #6..
- 94 -
PART I, Page | 13
demonstrate that the outside agency is aware of the proposed partnership and agrees to participate.

Examples of necessary or critical roles played by outside entities could include:
• A source of referrals,
• The location where services will be delivered,
• Access to the target population,
• Data collection partner, etc.

A Letter of Commitment must include the name of the outside entity, be signed by the executive officer, department head, or other authorized representative, and be dated within three (3) months of CalVIP proposal submission. Outdated letters or letters that speak to a partnership or grant activities outside of the activities listed in the proposal, will not be accepted. See Appendix E for a sample Letter of Commitment for Key Partners.

General BSCC Grant Requirements
Grant Agreement
Applicants approved for funding by the BSCC Board are required to enter into a Grant Agreement with the BSCC. Grantees must agree to comply with all terms and conditions of the Grant Agreement. See Appendix F for a sample BSCC Grant Agreement.

The Grant Agreement start date is expected to be July 1, 2022. Grant Agreements are considered fully executed only after they are signed by both the grantee and the BSCC and the BSCC is in receipt of all required attachments including documentation of signing authority. Work, services, and encumbrances cannot begin prior to the Grant Agreement start date. Any work, services and encumbrances that occur after the start date but prior to Grant Agreement execution may not be reimbursed. Grantees and all subgrantees are responsible for maintaining their Grant Agreement, all invoices, records, and relevant documentation for the life of the grant cycle plus three (3) years after the final payment under the contract.

Signing Authority
Before the grant award can be finalized and funds awarded, a successful city applicant must submit either a resolution from its Governing Board that delegates authority to the individual authorized to execute the grant agreement or sufficient documentation indicating that the individual who signs the grant agreement has been vested with plenary authority to execute grant agreements (e.g., a municipal ordinance or city ordinance/charter delegating such authority to a city manager or department head).

Non-profit/501(c)(3) applicants or business entities with boards of directors must provide evidence that the person signing the grant agreement has signing authority, which may include articles of incorporation, bylaws, or a board resolution conferring authority to the signatory.

This documentation is not required at the time of proposal submittal, but applicants are advised that the grant agreement will not be fully executed, nor will any financial invoices #6..
- 95 -
PART I, Page | 14
be processed for reimbursement until the required documentation has been received by the BSCC. A sample Governing Board Resolution can be found in Appendix G.

Invoicing
Disbursement of grant funds occurs on a reimbursement basis for costs incurred during a reporting period. The State Controller’s Office (SCO) will issue the warrant (check) to the individual designated on the Applicant Information Form as the Financial Officer for the grant. Grantees must submit invoices to the BSCC on either a monthly or quarterly basis through the online process no later than 45 days following the end of the invoicing period. (Grantees will make their choice between monthly or quarterly invoicing at the time they execute their contracts.)
Grantees must maintain adequate supporting documentation for all costs claimed on invoices. BSCC staff will conduct a desk review process which requires grantees to submit electronic documentation to support all grant funds claimed during the invoicing period. In addition, BSCC staff will conduct on-site monitoring visits that will include a review of documentation maintained as substantiation for project expenditures with grant funds.

Additional information about invoicing can be found in the BSCC Grant Administration Guide, located on the BSCC website.

Reporting Match Contributions
Reporting of the contribution of match obligations need not be made in exact proportion to the expenditure of grant funds. However, before the grant expires or is terminated, the match contribution must be equal to the amount of grant funds expended. Match contribution must be reported on the BSCC invoice, as the expenditures occur. Match funds and related contributions must also be identified in the accounting records (e.g., general ledger) and included within any grant-specific audit reports. Supporting documentation must be maintained for all match contributions.

Applicants shall budget only for the mandatory 100 percent (100%) match. The match amount specified in the project budget becomes part of the contractually obligated grant program. As part of the grant program, the match is subject to all fiscal, programmatic, and audit requirements and cannot be reduced or waived once the grant proposal is approved. In the event a funded project is unable to meet its contractual match obligation, all or a portion of the unmet match obligation may be deducted from reimbursement claims. In addition, the BSCC may seek reimbursement for any unmet match. Applicants should not request funds in excess of what that applicant is able to match.

Additional information about match requirements can be found in the BSCC Grant Administration Guide, located on the BSCC website.

Supplanting
Supplanting is the deliberate reduction in the amount of federal, state, or local funds being appropriated to an existing program or activity because grant funds have been awarded for the same purposes. Supplanting is strictly prohibited for all BSCC grants. CalVIP grant funds shall be used to support new program activities or to augment or expand existing program activities but shall not be used to replace existing funds. When using outside funds as match, applicants must be careful not to supplant. #6..
- 96 -
PART I, Page | 15
It is the responsibility of the grantee to ensure that supplanting does not occur. The grantee must keep clear and detailed financial records to show that grant funds are used only for allowable costs and activities.

Audit Requirements
Grantees are required to provide the BSCC with a financial audit that covers the service delivery period of the grant (July 1, 2022 to June 30, 2025). The audit report will be due no later than December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county or city’s project financial management functions. Expenses for the final audit may be reimbursed for actual costs up to $25,000.

In addition, BSCC reserves the right to call for a program or financial audit at any time between the execution of the grant agreement and three (3) years following the end of the grant period.

The Department of General Services, the California State Auditor, the Department of Finance or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this grant.

Quarterly Progress Reports
Grant award recipients are required to submit quarterly progress reports (QPRs) to the BSCC. QPRs are a critical element in the BSCC’s monitoring and oversight process.

Grantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to the withholding of funds. Once grants are awarded, the BSCC will work with grantees to create custom QPRs.

Project Evaluation Requirements
In addition to Quarterly Progress Reports, projects selected for funding will be required to submit to the BSCC:
1) A Local Evaluation Plan, due six (6) months post-award; and 2) A Final Local Evaluation Report, due six (6) months after the conclusion of project delivery.

See Appendix D for key definitions related to project evaluation.

Applicants are strongly encouraged to identify research partners early on and include them in the development of the proposal, to better ensure the goals and objectives listed in the proposal are realistic and measurable. Applicants are also strongly encouraged (but not required) to use outside evaluators to ensure objective and impartial evaluations.

Specifically, applicants are encouraged to partner with state universities or community colleges for evaluations.

Applicants must dedicate a minimum of five percent (5%) with a maximum of ten percent (10%) of the total grant funds requested for evaluation planning, oversight, and reporting activities.
#6..
- 97 -
PART I, Page | 16
Local Evaluation Plan
The purpose of the Local Evaluation Plan (LEP) is to ensure projects funded by the BSCC can be evaluated. Applicants will be expected to include a detailed description of how they plan to assess the effectiveness of the proposed program in relationship to each of its goals and objectives identified in the proposal. The LEP should describe the evaluation design or model that will be used to evaluate the effectiveness of the project component(s), with the project goals and the objectives clearly stated. Applicants should include criteria for both process and outcome evaluations. Once submitted, any modifications to the LEP must be approved in advance by the BSCC. (More detailed instructions on the LEP will be made available to successful applicants.) Final Local Evaluation Report
Following project service completion, grantees are required to complete a Local Evaluation Report (LER). The LER must be in a format prescribed by the BSCC. Within the LER, an Executive Summary must be included that adheres to the format prescribed by the BSCC specifically for the Executive Summary.

The purpose of the LER is to determine whether the overall project (including each individual component) was effective in meeting the goals laid out in the Local Evaluation Plan. To do this, the grantee must assess and document the effectiveness of the activities that were implemented within each individual project component. These activities should have been identified in the previously submitted LEP. More detailed instructions on the LER will be made available to successful applicants.

The BSCC may make public the LER from each grantee. Reports may be posted to the BSCC website and developed into a Summary Final Report submitted to the Legislature.

If the grantee plans to publish the LER, it must be submitted to the BSCC for review prior to publication.

Appendix H contains preliminary Guidelines for how to complete the LEP and LER.

Working with an Outside Evaluator
The BSCC intends to contract with a state university for a statewide evaluation of the impact of the violence prevention initiatives funded by the CalVIP grant program. The contractor is expected to: develop the research methodology for the statewide evaluation; design and develop instruments for collecting evaluation data from CalVIP grantees; provide ongoing technical assistance to grantees for data collection and evaluation activities; compile, screen, and analyze data obtained from grantees; and develop a final report on the impact of the CalVIP grant program. As a condition of award, all CalVIP grantees agree to collect data requested by the outside evaluator (this may include a standardized QPR format with specified outcome measures and/or standard outcomes measures as a required component in each LEP and LER) and fully cooperate and share information within timelines set by the outside evaluator.

CalVIP applicants should include sufficient per diem and travel allocations in their Project Budget for project-related and evaluation personnel to attend up to two one-day meetings in Sacramento with the outside evaluator.
#6..
- 98 -
PART I, Page | 17
Grantee Orientation Process
Following the start of the grant period, BSCC staff will conduct a mandatory Grantee Orientation (on a date to be determined later). The purpose of this mandatory session is to review the program requirements, invoicing and budget modification processes, data collection and reporting requirements, as well as other grant management and monitoring activities. Typically, the Project Director, Financial Officer, Day-to-Day Contact and (for cities) one Community Partner must attend. Grantees are also strongly encouraged to include their Evaluator.

If an in-person training is scheduled, Grant recipients may use CalVIP grant funds for travel-related expenditures such as airfare, mileage, meals, lodging, and other per diem costs. Applicants should include potential travel costs in the budget section of the proposal under the “Other” category for this single day event.

Travel
Travel is usually warranted when personal contact by project staff is the most appropriate method of conducting project-related business. Travel to and from training conferences may also be allowed. The most economical method of transportation, in terms of direct expenses to the project and the employee's time away from the project, must be used.

Projects are required to include sufficient per diem and travel allocations for projectrelated personnel, as outlined in the Grant Award, to attend any mandated BSCC training conferences or workshops outlined in the terms of the program.

Units of Government
Units of government may follow either their own written travel and per diem policy or the State’s policy. Units of government that plan to use cars from a state, county, city, district carpool, or garage may budget either the mileage rate established by the carpool or garage, or the state mileage rate, not to exceed the loaning agency rate.

Non-Governmental Organizations (NGOs)
An NGO receiving BSCC funds must use the State travel and per diem policy, unless the grantee’s written travel policy is more restrictive than the State's, in which case it must be used. Reimbursement is allowed for the cost of commercial carrier fares, parking, bridge, and road tolls, as well as necessary taxi, bus, and streetcar fares.

This policy applies equally to NGOs that receive grant funds directly from the BSCC and those that receive grant funds indirectly through a subcontract with another NGO that received a BSCC grant award.

Out-of-State Travel
Out-of-state travel is restricted and only allowed in exceptional situations. Even if previously authorized in the Grant Award, grantees must submit to the BSCC a separate formal request (on grantee letterhead) for approval that includes a detailed justification and budget information. Grantees must receive written approval from BSCC prior to incurring expenses for out-of-state travel.

In addition, California prohibits travel, except under specified circumstances, to states that have been found by the California Attorney General to have discriminatory laws.

The BSCC will not reimburse for travel to these states unless the travel meets a specific exception under Government Code section 11139.8, subdivision (c). For additional information, please see: https://oag.ca.gov/ab1887. #6..
- 99 -
PART I, Page | 18
Debarment, Fraud, Theft or Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the grant contract.

The BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All applicants must complete Appendix I certifying that they are in compliance with the BSCC’s policies on debarment, fraud, theft and embezzlement.

Compliance Monitoring Visits
The BSCC staff will monitor each project to assess whether the project is in compliance with grant requirements and making progress toward grant objectives. As needed, monitoring visits may also occur to provide technical assistance on fiscal, programmatic, evaluative, and administrative requirements.

For your reference, the Comprehensive Monitoring Visit checklist can be found on our website.

BSCC Executive Steering Committee Process
To ensure successful program design and implementation, the BSCC uses Executive Steering Committees (ESC) to inform decision making related to the Board’s programs.

The BSCC’s ESCs are composed of subject matter experts, community partners, and interested parties representing both the public and private sectors. The BSCC makes every attempt to include a diverse representation on its ESCs, in breadth of experience, geography and demographics.

ESCs are convened and approved by the BSCC Board as the need arises to carry out specified tasks, including the development of RFPs for grant funds. Not only do the ESCs develop RFPs, but members of the ESC also read and rate the proposals submitted by prospective grantees. Once the proposal evaluation process is complete, ESCs submit grant award recommendations to the BSCC Board and the Board then approves, rejects #6..
- 100 -
PART I, Page | 19
or revises those recommendations. Members of the ESCs are not paid for their time but are reimbursed for travel expenses incurred to attend meetings.

The CalVIP ESC includes a cross-section of subject matter experts on community engagement, prevention and intervention programs, law enforcement strategies, and rehabilitation and reentry, including individuals who have been impacted by the criminal justice system. A list of CalVIP ESC members can be found in Appendix J.

Conflicts of Interest
Existing law prohibits any grantee, subgrantee, partner, or like party who participated on the above referenced CalVIP ESC from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the CalVIP ESC membership roster and ensuring that no grant dollars are passed through to any entity represented by any member of the CalVIP ESC.

Overview of the RFP Process
Confirmation of Receipt of Proposal
Upon submission of a proposal, applicants will receive a confirmation email from the BSCC stating that the proposal has been received.

Disqualification - PLEASE REVIEW CAREFULLY
Disqualification means the proposal will not move forward to the ESC for the Proposal Rating Process and, therefore, will NOT be considered for funding under this grant.

The following will result in disqualification:
• An electronic version of the complete proposal package is not received by 5:00 p.m. PST on February 11, 2022.
• Budget Attachment (Excel document) is incomplete, or the total amount included in the budget table does not match the requested amount included elsewhere in the application.
• Budget Attachment (Excel document) exceeds 4 pages in length. • Proposal Package does not contain all the required section and attachments (esignatures will be accepted in place of original signatures); o Coversheet – accurately completed
o Proposal Checklist – filled out (i.e, all checkboxes checked) o Applicant Information Form – completed and signed
o Proposal Narrative
o 2022 CalVIP Budget Attachment (Excel document)
o Letters of Commitments from Key Partners (if applicable, Appendix E) o Project Work Plan (Appendix K) (not to exceed 1 page) • Applicant’s funding request was more than $6 million (for Funding Categories 1 and 2) or $400,000 (for Funding Category 3).
#6..
- 101 -
PART I, Page | 20
• City Applicant did not indicate its intention to pass through at least 50 percent (50%) of any awarded funds to one or more CBOs and/or public agencies whose primary mission is violence prevention or community safety.

Formatting
Applicants shall comply with the following formatting requirements:
• Proposal Narrative must meet the narrative formatting requirements below:
o Arial 12-point font
o One-inch margins on all four sides
o 1.5-line spacing
• Proposal Narrative shall not exceed 12 numbered pages in length Note: Proposals exceeding the page limit shall not automatically be disqualified.

However, BSCC staff shall remove ALL pages in excess of the page limit before forwarding the proposal to the ESC for rating, which may negatively impact a proposal’s score. If line spacing, formatting, or font size results in the inclusion of additional content in excess of prescribed page limits, excess pages shall be removed or the proposal may be disqualified. Illegible or unreadable proposals shall be disqualified.

Proposal Rating Process
Unless disqualified, proposals will advance to the Proposal Rating Process. The 2021 CalVIP ESC members will read and score each proposal in accordance with the prescribed rating factors listed in the table below. The ESC members will base their scores on how well an applicant addresses the items listed under each rating factor within the Proposal Narrative and Budget. ESC member ratings, once submitted to the BSCC, will be final.

At the conclusion of this process, applicants will be notified of the funding recommendations. It is anticipated the BSCC Board will act on the recommendations at its meeting on June 9, 2022. Applicants and partners are not to contact members of the ESC nor the BSCC Board to discuss proposals.

Rating Factors
The Rating Factors that will be used and the maximum points assigned to each factor are shown in the table below. Applicants will be asked to address each of these factors as a part of their proposal. The CalVIP ESC assigned a percent value to each of the five Rating Factors, correlating to its importance within the overall project (see Percent of Total Value column).
#6..
- 102 -
PART I, Page | 21
CalVIP Rating Factors Point
Range
Percent of
Total Value
Weighted Rating
Factor Score
1 Description of Community Need 0 - 5 15% 30
2 Project Description 0 - 5 40% 80
3 Organizational Capacity and
Coordination 0 - 5 20% 40
4 Project Evaluation and Monitoring 0 - 5 12% 24
5 Project Budget 0 - 5 13% 26
Total: 100% 200
Evaluators will rate an applicant’s response in each of these categories on a scale of 0-5, according to the Six-Point Rating Scale shown below. Each rating factor then will be weighted according to the Percent of Total Value (determined by the ESC) associated with the Rating Factor to arrive at the final Weighted Rating Factor Score. The Weighted Rating Factor Scores are then added together for a final overall proposal score.

There are no preference points available.

Six Point Rating Scale
Not
Responsive
0 Poor
1 Fair
2 Satisfactory
3 Good
4 Excellent
5 The
response
fails to
address
the criteria.

The
response
addresses
the criteria
in a very
inadequate
way.

The response
addresses the
criteria in a nonspecific or
unsatisfactory
way.

The
response
addresses
the criteria
in an
adequate
way.

The
response
addresses
the criteria
in a
substantial
way.

The
response
addresses
the criteria in
an
outstanding
way.

Scoring Threshold/Minimum Score
To be considered for funding, a proposal must meet a threshold of 50 percent (50%), or minimum proposal score of 100 total points.

In the event two proposals have identical proposal scores, the tie will be resolved by evaluating the individual Rating Factor scores of the two proposals, starting with the highest weighted Rating Factor (in this case, the Project Description score). If an identical score occurs on this Rating Factor, Rating Factor Scores will be used in the following order based on the descending weight valued until the tie is broken: Organizational Capacity and Coordination, Description of Community Need, Project Budget, and finally Project Evaluation and Monitoring.
#6..
- 103 -
PART I, Page | 22
Key Dates
The following table shows a timeline of key dates related to the CalVIP Grant.

Activity Date
Release Request for Proposals November 19, 2021
Bidders’ Conference December 17, 2021
Letter of Intent Due to the BSCC January 7, 2021
Proposals Due to the BSCC February 11, 2022
Proposal Rating Process and Development of Funding
Recommendations April-May 2022
BSCC Board Considers Funding Recommendations June 9, 2022 Notices to Applicants June 10, 2022
Grant Period Begins July 1, 2022
Mandatory New Grantee Orientation August or September 2022 Local Evaluation Plan Due December 31, 2022
Grant Service Project Period Ends June 30, 2025
Final Evaluation Report & Financial Audit Due and
Grant Ends December 31, 2025
#6..
- 104 -
PART II, Page | 23
PART II: PROPOSAL INSTRUCTIONS
The following section contains pertinent information on how to complete the Request for Proposal package for the CalVIP Grant Program. Submittal instructions are included in Part I, page 6. The following items are included in Part II:
• Proposal Narrative and Budget Guidelines
o Instructions for Proposal Narrative, Sections 1-4
o CalVIP Budget Attachment, Section 5
***THE REQUEST FOR PROPOSAL PACKAGE CAN BE

FOUND AT THE VERY END OF THIS ENTIRE
DOCUMENT***
#6..
- 105 -
PART II, Page | 24
Proposal Narrative and Budget Guidelines
The five rating factors will be addressed in two separate parts, the Proposal Narrative and the Budget Attachment, as shown here:

Section Rating Factor Percent
Value Addressed In:
1 Description of Community Need 15%
Proposal
Narrative
2 Project Description 40%
3 Organizational Capacity and Coordination 20%
4 Project Evaluation and Monitoring 12%
5 Project Budget (Budget Tables & Narrative) 13% Budget Attachment
Instructions for Proposal Narrative
The Proposal Narrative should address the first four Rating Factors – Description of Community Need, Project Description, Organizational Capacity and Coordination, and Project Evaluation and Monitoring – using each of the section headers provided in the CalVIP Proposal Narrative template. The CalVIP Proposal Narrative template can be found at the end of this document (formatted in Arial 12-point font with one-inch margins on all four sides and at 1.5-line spaced). The Proposal Narrative cannot exceed twelve (12) numbered pages in length.

It is up to the applicant to determine how to use the total page limit in addressing each section, however as a guide, the percent of total point value for each section is listed next to each header.

Do not include website links. Charts, tables or graphs must meet the spacing and font requirements. Applicants may include a one-page bibliography containing citations, using either the Modern Language Association (MLA) or American Psychological Association (APA) style. The bibliography will not be counted toward the12-page limit and formatting restrictions do not apply to the one-page bibliography.

The Proposal Narrative and 12-page limitation does not include the following mandatory items:
• Cover Sheet
• Proposal Checklist
• Applicant Information Form
• 1-Page Bibliography (optional)
• Budget Attachment
• 1-Page Project Work Plan
• Other required Attachments (see Proposal Checklist).
#6..
- 106 -
PART II, Page | 25
Section 1: Description of Community Need (Percent of Total Value: 15%) Address the rating factor for Description of Community Need in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Description of Community Need: Description of Community Need: The applicant described a community need that is pertinent to the intent of the grant program. The elements that comprise the Description of Community Need are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated.

1.1 Describe the need(s) in the target area and/or target population that contribute to the disproportionate impact of violence, primarily homicides, shootings, and aggravated assaults. This description of community need should include:
• a description of existing violence in the targeted area. • identification of the primary factor(s) that contribute to the violence. • qualitative and quantitative data in support of the identified factor(s) (all data sources to be cited).
• service gaps that are connected to the identified factor(s) and/or contribute to the violence.

1.2 Identify the target area and/or target population. This description should include, when appropriate:
• how the target area and/or target population relate to the need(s) identified in 1.1.
• the process the applicant used or will use to identify the target population, to include those individuals and their family members who are at highest risk of perpetrating violence or being victimized or affected by violence. • the total number of high-risk individuals projected to be served. • quantitative and qualitative data to explain why the target area and/or target population was selected (all data sources to be cited). #6..
- 107 -
PART II, Page | 26
Section 2: Project Description (Percent of Total Value: 40%) Address the rating factor for Project Description in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Project Description: The applicant provided a description of the project that is related to the need(s) they described and the intent of the authorizing legislation. The elements that comprise the Project Description are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated.

2.1 Describe the proposed evidence-based violence reduction strategy (per AB 1603).

This description should include:
• the relationship between the proposed strategy and the need(s), target area and/or target population identified in the Description of Community Need section. • a rationale to support the selection of the proposed strategy which includes relevant evidence or research supporting its use for reducing the incidence of homicides, shootings, and/or aggravated assaults within the target area and/or target population (may include evidence-based, evidence-informed, promising, data-driven, and/or innovative practices – see pages 11-12). • an explanation of how the proposed strategy will achieve reductions in violence without relying on mass incarceration, if applicable.

2.2 For project participants, describe:
• the plan for identifying, accessing, and serving individuals from the target population who are eligible and appropriate for participation in the strategy. • plans to overcome any inability to access and/or serve those individuals. • the strategy/strategies for maintaining sustained engagement. • the plan for tailoring services to participants’ needs; for example, risk/needs assessment.

2.3 Provide a Project Work Plan (Appendix K) that:
• identifies the project’s goal(s) and measurable objectives (see Appendix D for definitions) that are related to the community need(s) identified in 1.1. • identifies how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates.
• is aligned with the proposed strategy.
#6..
- 108 -
PART II, Page | 27
Section 3: Organizational Capacity and Coordination (Percent of Total Value: 20%) Address the rating factor for Organizational Capacity and Coordination in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Organizational Capacity and Coordination: The applicant described their organization’s ability to implement the proposed project. The elements that comprise the Organizational Capacity and Coordination section are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated.

3.1 Describe the experience, current staffing, community support, and partnerships the lead agency will use to implement the proposed strategy. Include key partners’ letters of commitment describing involvement aligned with the proposed strategy, if applicable. If staff and/or subcontractors are to be selected after the grant is awarded, then specify the process and criteria for selecting those staff and/or subcontractors.

3.2 Describe how the proposed violence reduction strategy/strategies will enhance coordination of existing violence prevention and intervention programs and minimize duplication of services (per AB 1603).

3.3 Describe a reasonable and realistic plan for training and supporting the staff and/or subcontractors who will deliver the proposed strategy to the target population, including your approach for supporting the overall wellbeing of staff; for example, providing mental health/counselling services, wellness activities, etc.

3.4 Describe the cultural competence of staff and subcontractors and how it is relevant to the proposed project. Include past and/or ongoing experience working with the target population.

3.5 Describe plans for involvement of individuals impacted by violence, including system-impacted and/or formerly/currently system-involved individuals, in the project’s design, implementation, and evaluation process.

3.6 Describe a plan for obtaining outside technical assistance (i.e., subject matter expertise) to implement the proposed violence reduction strategy or explain how the lead agency will ensure that the proposed strategy is implemented as intended. #6..
- 109 -
PART II, Page | 28
Section 4: Project Monitoring and Evaluation (Percent of Total Value: 12%) Address the rating factor for Project Monitoring and Evaluation in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Project Evaluation and Monitoring: The applicant described how it will monitor and evaluate the effectiveness of the proposed project. The elements that comprise the Project Monitoring and Evaluation section are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated.

4.1 Describe the plan to determine the staff and/or entity that will conduct the project evaluation and how monitoring activities will be incorporated in the various phases of the project; for example, start-up, implementation, service delivery period, etc.

4.2 Identify the process and outcome indicators that are quantifiable and in line with the intent of the proposal and the objectives listed in the Work Plan.

4.3 Describe the preliminary plan for how to collect and evaluate baseline and outcome data related to the process and outcome indicators identified in 4.2. Describe a plan for entering into data sharing agreements, if necessary.

CalVIP Budget Attachment
Section 5: Project Budget (Percent of Total Value: 13%) As part of the application process, applicants are required to submit the 2022 CalVIP Project Budget and Budget Narrative (Budget Attachment). A link to the Budget Attachment can be found at the end of this document, with the Request for Proposals instructions.

The following items are rated as a part of this section and must be addressed by the applicant in the Budget Attachment. The response will be evaluated with a single rating based on a scale of 0-5.

Project Budget: The applicant provided a complete Budget Attachment (Project Budget and Budget Narrative) for the proposed project. The elements against which the Budget Attachment will be rated are listed below. Addressing each element does not itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated.

5.1 Provide complete and detailed budget information with language to support each budget category, as applicable. The expenses must be appropriate to the proposed strategy.

5.2 Demonstrate how the amount of grant funds requested is commensurate with the scope of the proposal and the demonstrated need(s) for these additional resources (per AB 1603).

5.3 Describe how the dollar-for-dollar match requirement will be met (either cash or inkind) (per AB 1603). #6..
- 110 -
PART III, Page | 29
PART III: APPENDICES
#6..
- 111 -
PART III, Page | 30
Appendix A: BSCC’s Crime Data Analysis
In defining “disproportionately impacted by violence,” the CalVIP ESC used the definitions provided AB 1603. AB 1603 states that a city is considered to be disproportionately impacted by violence if any of the following are true:

1. The city experienced 20 or more homicides per calendar year during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

2. The city experienced 10 or more homicides per calendar year [during two or more of the three calendar years immediately preceding the grant application] and had a homicide rate that was at least 50 percent (50%) higher than the statewide homicide rate during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

3. An applicant otherwise demonstrates a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community.

Under the definitions provided in criteria 1 and 2 from AB 1603, the BSCC identified 12 cities that were considered disproportionately impacted by violence and therefore eligible to apply for the grand funds.

After reviewing the number of homicides and homicide rates across California cities, the CalVIP ESC determined a city had a “unique and compelling need” if the city experienced 5 or more homicides per calendar year during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

Using this definition of “unique and compelling need,” the BSCC identified an additional 37 cities that were considered disproportionately impacted by violence. This brought the total number of cities eligible to apply for the general funds to 53.

The analysis of crime data was restricted to the 455 cities contained in both the California Department of Finance E-4 report (Population Estimates for Cities, Counties, and the State, 2011-2021, with 2010 Census Benchmark) and the Department of Justice’s Open Justice report (Crimes and Clearances with Arson – 1985-2020).

The following 32 cities were not included in the analysis, as data was absent from one of the data bases used: Amador, Bear Valley, Blue Lake, Broadmoor, Calipatria, Colfax, Corte Madera, Half Moon Bay, Kensington, Lake Shastina, Larkspur, Lathrop, Live Oak, Loomis, Loyalton, Maricopa, Millbrae, Plymouth, Point Arena, Portola, Portola Valley, San Anselmo, San Carlos, San Joaquin, San Juan Bautista, Shasta Lake, Stallion Springs, Tehama, Trinidad, Wasco, Willows, and Woodside. Should one of these 32 cities submit a proposal, BSCC will contact that city directly and gather the relevant statistics to ascertain whether it qualifies for eligibility.
#6..
- 112 -
PART III, Page | 31
Appendix B: Eligible Cities for CalVIP Funding
Table 2. Cities Eligible to Apply for CalVIP Funding*
City Population Option 1 Option 2 Option 3
1 Anaheim 357,059 X
2 Antioch 112,236 X
3 Bakersfield 394,328 X X X
4 Carson 92,121 X
5 Cathedral City 53,494 X
6 Chula Vista 273,384 X
7 Colton 54,051 X
8 Compton 98,447 X X
9 Delano 53,110 X
10 El Cajon 103,576 X
11 El Monte 116,876 X
12 Fairfield 117,553 X
13 Fontana 211,519 X
14 Fresno 543,451 X X X
15 Gardena 60,732 X
16 Hayward 159,266 X
17 Hemet 84,391 X
18 Hesperia 95,834 X
19 Inglewood 110,925 X X
20 Jurupa Valley 107,000 X
21 Lancaster 162,057 X
22 Long Beach 472,052 X X
23 Los Angeles 3,975,234 X X X
24 Merced 88,261 X
25 Modesto 218,440 X
26 Moreno Valley 208,791 X
27 Norwalk 106,062 X
28 Oakland 432,327 X X X
29 Ontario 180,788 X
30 Oxnard 205,950 X
31 Palm Springs 47,509 X
32 Palmdale 156,910 X
33 Pasadena 145,061 X
34 Perris 78,575 X
35 Pomona 153,992 X X
36 Rancho Cordova 78,333 X
37 Redlands 71,164 X
38 Rialto 102,813 X
39 Richmond 110,288 X X
40 Riverside 328,766 X
41 Sacramento 513,626 X X X
42 Salinas 160,387 X
43 San Bernardino 217,935 X X X
44 San Diego 1,421,462 X X
45 San Francisco 889,783 X X
46 San Jose 1,041,466 X X
47 Santa Ana 331,304 X
48 Santa Maria 107,205 X
49 Stockton 319,188 X X X
50 Tracy 95,861 X
51 Turlock 75,030 X
52 Vallejo 118,151 X X
53 Victorville 127,518 X
#6..
- 113 -
PART III, Page | 32
Appendix C: Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds
The California Violence Intervention and Prevention (CalVIP) Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving CalVIP funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives CalVIP grant funds (as either subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the CalVIP grantee;
• Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the sixmonth date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement;
• Be a nonprofit and recognized by the Internal Revenue Service as a 501(c)(3) organization;
• Employ persons or volunteers that have a minimum of three (3) years of combined experience in implementing violence reduction strategies and have implemented these strategies within the past five (5) years;
• Be registered with the California Secretary of State’s Office; • Have an Employer Identification Number (EIN);
• Have a valid business license, if applicable;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address in the State of California. (An agent for service of process with a California address is insufficient.)
In the table below, provide the name of the Grantee and list all contracted parties.

Grantee:

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
#6..
- 114 -
PART III, Page | 33
Grantees are required to update this list and submit it to the BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the 2021 CalVIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

Unless prior approval is obtained, the BSCC prohibits disbursement or reimbursement to any NGO that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS
SIGNATURE (Blue Ink or E-signature only) DATE
x
#6..
- 115 -
PART III, Page | 34
Appendix D: Glossary of Terms and Resources
Case Management
The Commission for Case Manager Certification defines case management as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet the client's health and human service needs. It is characterized by advocacy, communication, and resource management and promotes quality and cost-effective interventions and outcomes.

Case management is an area of specialty practice within the health and human services professions. Its underlying premise is that everyone benefits when clients reach their optimum level of wellness, self-management, and functional capability. Case management facilitates the achievement of client wellness and autonomy through advocacy, assessment, planning, communication, education, resource management and service facilitation. Based on the needs and values of the client, and in collaboration with all service providers, the case manager links clients with appropriate providers and resources throughout the continuum of health and human services and care settings, while ensuring that the care provided is safe, effective, clientcentered, timely, efficient, and equitable. This approach achieves optimum value and desirable outcomes for all community partners and interested parties.

Collective Efficacy
Social cohesion describes how residents think and feel about their neighborhood. Collective efficacy describes what residences are willing to do to improve their neighborhoods. Although social cohesion is the foundation of collective efficacy, at the core of collective efficacy are the willingness to intervene and the capacity for informal social control. https://nij.ojp.gov/topics/articles/collective-efficacy-taking-action-improve-neighborhoods Cognitive Behavioral Therapy
According to the American Psychological Association, cognitive behavioral therapy (CBT) is a form of psychological treatment that has been demonstrated to be effective for a range of problems including depression, anxiety disorders, alcohol and drug use problems, marital problems, eating disorders, and severe mental illness. Numerous research studies suggest that CBT leads to significant improvement in functioning and quality of life. In many studies, CBT has been demonstrated to be as effective as, or more effective than, other forms of psychological therapy or psychiatric medications.

It is important to emphasize that advances in CBT have been made on the basis of both research and clinical practice. Indeed, CBT is an approach for which there is ample scientific evidence that the methods that have been developed actually produce change. In this manner, CBT differs from many other forms of psychological treatment.

CBT is based on several core principles, including:

1. Psychological problems are based, in part, on faulty or unhelpful ways of thinking.

2. Psychological problems are based, in part, on learned patterns of unhelpful behavior.

3. People suffering from psychological problems can learn better ways of coping with them, thereby relieving their symptoms and becoming more effective in their lives.

CBT treatment usually involves efforts to change thinking patterns. These strategies might include:
#6..
- 116 -
PART III, Page | 35
• Learning to recognize one's distortions in thinking that are creating problems, and then to reevaluate them in light of reality.
• Gaining a better understanding of the behavior and motivation of others. • Using problem-solving skills to cope with difficult situations. • Learning to develop a greater sense of confidence is one's own abilities.

CBT treatment also usually involves efforts to change behavioral patterns. These strategies might include:
• Facing one's fears instead of avoiding them.
• Using role playing to prepare for potentially problematic interactions with others. • Learning to calm one's mind and relax one's body.
• Not all CBT will use all of these strategies. Rather, the psychologist and patient/client work together, in a collaborative fashion, to develop an understanding of the problem and to develop a treatment strategy.

CBT places an emphasis on helping individuals learn to be their own therapists. Through exercises in the session as well as “homework” exercises outside of sessions, patients/clients are helped to develop coping skills, whereby they can learn to change their own thinking, problematic emotions, and behavior.

CBT therapists emphasize what is going on in the person's current life, rather than what has led up to their difficulties. A certain amount of information about one's history is needed, but the focus is primarily on moving forward in time to develop more effective ways of coping with life.

Cultural Competence
Cultural competence7 is a set of congruent behaviors, attitudes, and policies that come together in a system, agency or among professionals and enable that system, agency, or those professions to work effectively in cross-cultural situations.

The word culture is used because it implies the integrated pattern of human behavior that includes thoughts, communications, actions, customs, beliefs, values and institutions of a racial, ethnic, religious, or social group. The word competence is used because it implies having the capacity to function effectively. Essential elements that contribute to a system's, institution's, or agency's ability to become more culturally competent include:

1. Valuing diversity

2. Having the capacity for cultural self-assessment

3. Being conscious of the dynamics inherent when cultures interact

4. Having institutionalized culture knowledge

5. Having developed adaptations to service delivery reflecting an understanding of cultural diversity
These five elements should be manifested at every level of an organization including policy making, administrative, and practice. In addition, these elements should be reflected in the attitudes, structures, policies, and services of the organization. 7 Cross, T., Bazron, B., Dennis, K., & Isaacs, M., (1989). Towards A Culturally Competent System of Care, Volume I.

Washington, DC: Georgetown University Child Development Center, CASSP Technical Assistance Center. #6..
- 117 -
PART III, Page | 36
Diversion8
In the context of criminal law, diversion refers to diverting an individual out of the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence. Criminal charges are typically dropped when an individual successfully completes a diversion program. The purpose of a diversion program is to effect rehabilitation while avoiding the stigma of a criminal conviction.

A diversion program allows the individual to avoid prosecution by completing various requirements for the program. These requirements could include:

1. Education aimed at preventing future offenses by the offender,

2. Restitution to victims of the offense,

3. Completion of community service hours,

4. Avoiding situations for a specified period of time in the future that may lead to committing another such offense.

Diversion programs are usually only available to individuals charged with misdemeanors and nonviolent felonies involving drugs or alcohol. In some jurisdictions, diversion may be available to individuals charged with domestic violence, child abuse or neglect, traffic-related offenses, or even writing bad checks. Diversion programs are primarily governed by state laws, which vary by state.

Evaluation: Process Evaluation versus Outcome Evaluation Process Evaluation9
The purpose of the process evaluation is to assess how program activities are being carried out in accordance with goals and objectives. Process measures are designed to answer the question: “What is the program actually doing and is this what we planned it to do?” Examples of process measures could include:
o Project staff have been recruited, hired, and trained according to the proposal. o Activities/strategies have been implemented on time according to the proposal. o Number of interagency agreements entered into by the program compared to the number planned.
o Number of trainings conducted.
o Number of neighborhood meetings conducted.

Outcome Evaluation10
The purpose of the outcome evaluation is to identify whether the program “worked” in terms of achieving its goals and objectives. Outcome measures are designed to answer the question: “What results did the program produce?” Examples of outcome measures include:
o Results of pre/post surveys (e.g., changes in the reported confidence/trust in law enforcement among community members).
8 Diversion Law and Legal Definition, US Legal, https://definitions.uslegal.com/d/diversion/ 9Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 7. Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf 10 Id at pp. 7-8. #6..
- 118 -
PART III, Page | 37
o Implementation of regular, ongoing community forums where law enforcement/community dialogue takes place.
o Changes in policies at the Lead Agency level to reflect procedural justice principles.

In an evidence-based practice approach, outcome evaluations must include not only the measures but also analysis of the extent to which the measured results can be attributed to the program rather than to coincidence or alternative explanations.

Focused Deterrence
Focused deterrence strategies are problem-oriented strategies that follow the core principles of deterrence theory. The strategies target specific criminalized behavior committed by a small number of individuals identified as being high risk of committing or being involved in violence who are vulnerable to sanctions and punishment. These individuals are directly engaged and informed that continued violence and criminalized behavior will not be tolerated. Targeted individuals are also informed about how the criminal legal system (such as the police and prosecutors) may respond to continued criminalized behavior; mainly that all potential sanctions, or levers, will be applied. The deterrence-based message is reinforced through intense engagement of individuals, or groups of individuals (group or collective violence), who continue to create harm despite previous attempts to intervene. In addition to deterring violent behavior, the strategies also reward positive behavior change among targeted individuals by providing significant financial incentives for participation and positive behavior as a gateway to developing intrinsic motivation that arises from internal and not external rewards.

Focused deterrence strategies generally target youth and adults engaged in group violence.

Many focused deterrence interventions have primarily targeted incidents of homicide and serious violence (criminalized activities that usually involve repeated violent behavior) in urban settings (Kennedy 2006).

The focused deterrence framework was developed in Boston during the 1990s. Operation Ceasefire (Boston) was a problem-oriented policing project to stop serious group violence by directly communicating to groups of individuals that violence would no longer be tolerated and was backed by harsh legal sanctions for those who continued to engage in or commit harm. At the same time, youth workers, probation and parole officers, and other community-based organizations offered services and resources to groups engaged in criminalized behaviors.

While certain aspects of Ceasefire are beneficial, such as the targeted efforts, threats of or enacting harsh sanctions are not. CBOs should be prioritized in the response, and the response should be restorative and non-punitive.

At a general level, the approach of focused deterrence strategies should include the following:

1. Selecting a particular crime problem (such as homicide),

2. Convening an interagency working group that may include law enforcement, and prioritize social service, and community-based practitioners,

3. Developing a response to individuals or groups of individuals that uses a variety of sanctions (“pulling levers”) to stop continued violent behavior,

4. Focusing social services and community resources on target individuals identified by law enforcement, and
#6..
- 119 -
PART III, Page | 38

5. Directly and continually communicating with individuals to offer support and provide a better understanding of the implications of violence on individuals and communities.

For more information on focused deterrence, please review the links below:

1. https://www.crimesolutions.gov/Practice Profile Details

2. National Network for Safe Communities – Group Violence Intervention: An Implementation Guide

3. National Network for Safe Communities – Custom Notifications

4. The National Network for Safe Communities – Drugs, Race, and Common Ground:

Reflections on the High Point Intervention
Goal versus Objective
Goals and objectives are terms in common use, sometimes used interchangeably because both refer to the intended results of program activities. Goals are longer-term than objectives, more broadly stated, and govern the specific objectives to which program activities are directed.

In proposals, goals are defined by broad statements of what the program intends to accomplish, representing the long-term intended outcome of the program. 11 Examples of goal statements include:12
• To reduce the number of youth repeating criminalized behaviors. • To divert youth who commit nonviolent crimes from state juvenile correctional institutions. • To restore the losses suffered by the victims of crimes.

Objectives are defined by statements of specific, measurable aims of program activities. 13 Objectives detail the tasks that must be completed to achieve goals. 14 Descriptions of objectives
in the proposals should include three elements:
15 1) Direction – the expected change or accomplishment (e.g., improve, maintain); 2) Timeframe – when the objective will be achieved; and 3) Target Population– who is affected by the objective.

Examples of program objectives include:16
• By the end of the program, youth suffering from addiction will recognize the long-term consequences of drug use.
o To place eligible youth in an intensive healing program within two weeks of adjudication to ensure offender accountability and community safety. 11 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition). Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf. See also New York State Division of Criminal Justice Services. A Guide to Developing Goals and Objectives for Your Program. Retrieved from http://www.criminaljustice.ny.gov/ofpa/goalwrite.htm. 12 Id. at p. 4. 13 National Center for Justice Planning. Overview of Strategic Planning. Where Do We Want to Be? Goals and Objectives.

Retrieved from https://web.archive.org/web/20180116031203/http:/ncjp.org/strategic-planning/overview/where-do-we-wantbe/goals-objectives. 14 Id.; see supra fn 1. 15 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 5. Retrieved from www.jrsa.org/pubs/juv-justice/program-evaluation.pdf 16 Id. #6..
- 120 -
PART III, Page | 39
• To ensure that youth carry out all of the terms of the mediation agreements they have worked out with their victims by program completion.

Hospital-Based Violence Intervention Programs (www.nnhvip.org) Hospital-based violence intervention programs (HVIPs) vary in the specifics of their design and scope, but typically include a brief intervention in the emergency department or at hospital bedside and post-discharge intensive community-based case management services. HVIP services are provided by culturally competent Violence Prevention Professionals who often also serve in a mentorship capacity. HVIPs are rooted in the philosophy that violence is preventable, and that violent injury offers a “teachable moment” and unique opportunity to break cycles of violence. HVIPs embrace a public health approach to violence prevention as they are grounded in data which indicate that victims of violence are at elevated risk for re-injury and violence perpetration. This model has been the subject of numerous peer-reviewed studies indicating promising impact on injury recidivism, criminal justice contact, and trauma symptoms. HVIPs are now a recommended practice by the federal government.

This strategy aims to (1) provide trained crisis intervention and long-term case management and mentoring home visits and follow-up assistance to youth who are hospitalized for violent injuries, on probation, or identified as being highly at risk for dropout or suspension from school, as well as to their family and friends; (2) prevent retaliatory violence and reduce the total number of youth injured by interpersonal violence; (3) reduce reentry into the hospital and the criminal justice system; (4) prevent dropout and suspension from school for violent incidents; (5) link youth with local resources that help them live nonviolent lifestyles; and (6) provide positive peer role models and promote positive alternatives to violence.

For more information on hospital-based intervention, please review the links below:

1. National Network of Hospital-based Violence Intervention Programs: www.nnhvip.org

2. Key Components of Hospital-based Violence Intervention Programs

3. The Health Alliance for Violence Intervention: www.thehavi.org Mentoring
For more information on mentoring, please review the links below:

1. The Center for Evidence-Based Mentoring

2. Mentor Resources and Publications

3. How to Start a Mentoring Program
Principles of Effective Intervention
During the past two decades, there has been renewed interest in examining correctional research. These efforts have been led by researchers such as Gendreau, Andrews, Cullen, Lipsey and others.17 Much evidence has been generated, leading to the conclusion that many rehabilitation programs have, in fact, produced significant reductions in recidivism. The next critical issue became the identification of those characteristics most commonly associated with 17 For a thorough review of this research, see Cullen, F.T. and B.K. Applegate. 1998. Offender rehabilitation: Effective correctional intervention. Brookfield, Vt.: Ashgate Darthmouth. #6..
- 121 -
PART III, Page | 40
effective programs. Through the work of numerous scholars (Andrews et al., 199018; Cullen and Gendreau, 200019; Lipsey 199920), several “principles of effective intervention” have been identified. These principles can be briefly categorized as the following:
• Assess Actuarial Risk/Needs
• Enhance Intrinsic Motivation
• Target Interventions
o Risk Principle
o Need Principle
o Responsivity Principle
o Dosage
o Treatment Principle
• Skill Train with Directed Practice
• Increase Positive Reinforcement
• Engage Ongoing Support in Natural Communities
• Measure Relevant Processes/Practices
• Provide Measurement Feedback
Street Outreach
Street outreach typically occurs inside the framework of a cooperative relationship with other agencies, including probation, law enforcement, social services, and schools. Outreach workers are referred to as “street” outreach workers because their work is not office-based or even institutional- or school-based, but occurs primarily in the targeted neighborhoods, at the street and home level. The model relies on the use of culturally appropriate staff that respond to shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. They develop relationships with high risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Staff collaborates with neighborhood organizations and other community groups to organize neighborhood events and public education activities that promote a no-shooting message. The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.

Example of Street Outreach: The Cure Violence Approach (www.cvg.org) Cure Violence is an example of a street outreach model that is used around the country. The Cure Violence model was developed in 1995 by the Chicago Project for Violence Prevention, under the auspices of the University of Illinois at Chicago’s School of Public Health. Cure Violence takes a public health approach to stopping shootings and killings, focusing on interrupting violence and the transmission of norms that promote it.

Using a multi-pronged approach to prevent shootings involving youth and young adults from ages 14-25, the model relies on the use of culturally appropriate staff who respond to 18 Andrews, D.A., I. Zinger, R.D. Hoge, J. Bonta, P. Gendreau and F.T. Cullen. 1990. Does correctional treatment work? A clinically relevant and psychologically informed meta-analysis. Criminology 28(3):369-404. 19 Cullen, F.T. and P. Gendreau. 2000. Assessing correctional rehabilitation: Policy, practice, and prospects. In Criminal justice 2000: Volume 3 – Policies, processes, and decisions of the criminal justice system, ed. J. Horney, 109-175. Washington, D.C.:

U.S. Department of Justice, National Institute of Justice. 20 Lipsey, M.W. 1999. Can intervention rehabilitate serious delinquents? The Annuals of the American Academy of Political and Social Science, 564(2):142-166.
#6..
- 122 -
PART III, Page | 41
shootings to prevent retaliation and detect and resolve conflicts that are likely to lead to shootings. They develop relationships with high risk individuals who are likely to engage in gun violence and link them with resources such as education and job training. Staff collaborates with neighborhood organizations and other community groups to organize neighborhood events and public education activities that promote a no-shooting message.

The strategy aims to change behaviors, attitudes, and social norms directly related to gun violence.

Cure Violence stops the spread of violence by using the methods and strategies associated with disease control:

1. Detecting and interrupting conflicts
Trained violence interrupters and outreach workers prevent shootings by identifying and mediating potentially lethal conflicts in the community and following up to ensure that the conflict does not reignite.
a. Prevent Retaliations: Whenever a shooting happens, trained workers immediately work in the community and at the hospital to cool down emotions and prevent retaliations – working with the victims, friends and family of the victim, and anyone else is connected with the event.
b. Mediate Ongoing Conflicts: Workers identify ongoing conflicts by talking to key people in the community about ongoing disputes, recent arrests, recent prison releases, and other situations and use mediation techniques to resolve them peacefully. c. Keep Conflicts ‘Cool’: Workers follow up with conflicts for as long as needed, sometimes for months, to ensure that the conflict does not become violent.

2. Identifying and treating the highest risk individuals Trained, culturally-appropriate outreach workers work with the highest risk individuals to make them less likely to commit violence by meeting them where they are at, talking to them about the costs of using violence, and helping them to obtain the social services they need – such as job training and drug treatment.
a. Access Highest Risk: Workers utilize their trust with high-risk individuals to establish contact, develop relationships, begin to work with the people most likely to be involved in violence.
b. Change Behaviors: Workers engage with high-risk individuals to convince them to reject the use of violence by discussing the cost and consequences of violence and teaching alternative responses to situations.
c. Provide Treatment: Workers develop a caseload of clients who they work with intensively – seeing several times a week and assisting with their needs such as drug treatment, employment, leaving gangs.

3. Mobilizing the community to change norms
Workers engage leaders in the community as well as community residents, local business owners, faith leaders, service providers, and the high risk, conveying the message that the residents, groups, and the community do not support the use of violence. a. Respond to Every Shooting: Whenever a shooting occurs, workers organize a response where dozens of community members voice their objection to the shooting. #6..
- 123 -
PART III, Page | 42
b. Organize Community: Workers coordinate with existing and establish new block clubs, tenant councils, and neighborhood associations to assist. c. Spread Positive Norms: Program distributes materials and hosts events to convey the message that violence is not acceptable.

System-Impacted
Berkely Underground Scholars defines system-impacted as a person who is legally, economically, or familiarly affected in a negative way by the incarceration of a close relative.

System-impacted also includes people who have been arrested and/or convicted without incarceration.

The 2021 CalVIP ESC further defined Indirectly and Directly System-Impacted as anyone who is directly affected by incarceration, the criminal legal system, community supervision and/or anyone who was involved with the youth foster care system. #6..
- 124 -
PART III, Page | 43
Appendix E: Sample Letter of Commitment for Key Partners If the success of the proposed strategy relies on the participation of an outside agency or organization – that is, if an entity other than the applicant is to play a necessary or critical role in project implementation – the applicant must include a Letter of Agreement, Letter of Commitment or other signed written agreement to demonstrate that the outside agency is aware of the proposed partnership and agrees to participate.
[to be submitted on letterhead of the OUTSIDE ENTITY]
To: Board of State and Community Corrections
Re: California Violence Intervention & Prevention (CalVIP) Grant Date: [must be within 3 months of proposal submission]
This letter is being submitted to document that [NAME OF THE OUTSIDE ENTITY] agrees to partner on the CalVIP grant proposal being submitted by [NAME OF APPLICANT].

As a part of this grant, [NAME OF OUTSIDE ENTITY] agrees to [DESCRIBE THE NATURE OF THE PARTNERSHIP, I.E. WHAT THE OUTSIDE ENTITY IS AGREEING TO DO, ETC.].

Signed by,
Name, Title
[must be the Executive Officer, Department Head or other Authorized Representative of the Outside Entity]
#6..
- 125 -
PART III, Page 44
Appendix F: Sample Grant Agreement
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCCXXX22 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC XXX- 22 BSCC-5227

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
XXX

2. The term of this Agreement is:

START DATE
JULY 1, 2022

THROUGH END DATE
DECEMBER 31, 2025

3. The maximum amount of this Agreement is:
$000,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Attachment 1* California Violence Intervention & Prevention Grant Request for Proposals * Attachment 2 CalVIP Grant Proposal xx
Appendix A CalVIP Executive Steering Committee 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: http://www.bscc.ca.gov/s_cpgpcalvipgrant/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

GRANTEE NAME

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
xxx xxx xx xxx

PRINTED NAME OF PERSON SIGNING TITLE
xxx xxx

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

#6..
- 126 -
EXHIBIT A: SCOPE OF WORK
PART III, Page 45

1. GRANT AGREEMENT – CALIFORNIA VIOLENCE AND INTERVENTION (CalVIP) GRANT This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and Grantee Name (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The purpose of the CalVIP Grant is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults (Penal Code Sec. 14131(b)).

B. Grantee agrees to administer the project in accordance with Attachment 1: CalVIP Request for Proposals (incorporated by reference) and Attachment 2: CalVIP Grant Proposal, which are attached hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Designated Financial Officer authorized to receive warrants:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx
Project Director authorized to administer the project:

Name: xxx
Title: xxx
Address: xxx
Phone: xxx
Email: xxx
C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: CalVIP Request for Proposals and Attachment 2: CalVIP Grant Proposal. #6..
- 127 -
EXHIBIT A: SCOPE OF WORK
PART III, Page 46

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025
B. Evaluation Documents Due no later than:

1. Local Evaluation Plan January 3, 2023

2. Final Local Evaluation Report December 31, 2025
C. Other Due no later than:

Financial Audit Report December 31, 2025

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or #6..
- 128 -
EXHIBIT A: SCOPE OF WORK
PART III, Page 47
designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the CalVIP Executive Steering Committee (See Appendix A) from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the CalVIP ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the CalVIP ESC.

B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
#6..
- 129 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 48

1. INVOICING AND PAYMENTS (grantee to select monthly or quarterly) A. The Grantee shall be paid in monthly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Monthly Invoicing Periods: Due no later than:

1. July 1, 2022 to July 31, 2022 September 15, 2022

2. August 1, 2022 to August 31, 2022 October 15, 2022

3. September 1, 2022 to September 30, 2022 November 15, 2022

4. October 1, 2022 to October 31, 2022 December 15, 2022

5. November 1, 2022 to November 30, 2022 January 15, 2023

6. December 1, 2022 through December 31, 2022 February 15, 2023

7. January 1, 2023 to January 31, 2023 March 15, 2023

8. February 1, 2023 to February 28, 2023 April 15, 2023

9. March 1, 2023 to March 31, 2023 May 15, 2023

10. April 1, 2023 to April 30, 2023 June 15, 2023

11. May 1, 2023 to May 31, 2023 July 15, 2023

12. June 1, 2023 to June 30, 2023 August 15, 2023

13. July 1, 2023 to July 31, 2023 September 15, 2023

14. August 1, 2023 to August 31, 2023 October 15, 2023

15. September 1, 2023 to September 30, 2023 November 15, 2023

16. October 1, 2023 to October 31, 2023 December 15, 2023

17. November 1, 2023 to November 30, 2023 January 15, 2024

18. December 1, 2023 to December 31, 2023 February 15, 2024

19. January 1, 2024 to January 31, 2024 March 15, 2024

20. February 1, 2024 to February 29, 2024 April 15, 2024

21. March 1, 2024 to March 31, 2024 May 15, 2024

22. April 1, 2024 to April 30, 2024 June 15, 2024

23. May 1, 2024 to May 31, 2024 July 15, 2024

24. June 1, 2024 to June 30, 2024 August 15, 2024

25. July 1, 2024 to July 31, 2024 September 15, 2024

26. August 1, 2024 to August 31, 2024 October 15, 2024

27. September 1, 2024 to September 30, 2024 November 15, 2024

28. October 1, 2024 to October 31, 2024 December 15, 2024

29. November 1, 2024 to November 30, 2024 January 15, 2025

30. December 1, 2024 to December 31, 2024 February 15, 2025

31. January 1, 2025 to January 31, 2025 March 15, 2025

32. February 1, 2025 to February 28, 2025 April 15, 2025

33. March 1, 2025 to March 31, 2025 May 15, 2025

34. April 1, 2025 to April 30, 2025 June 15, 2025

35. May 1, 2025 to May 31, 2025 July 15, 2025

36. June 1, 2025 to June 30, 2025 August 15, 2025
Final Invoicing Periods*: Due no later than:

37. July 1, 2025 to July 31, 2025 September 15, 2025

38. August 1, 2025 to August 31, 2025 October 15, 2025

39. September 1, 2025 to September 30, 2025 November 15, 2025 #6..
- 130 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 49

40. October 1, 2025 to October 31, 2025 December 15, 2025

41. November 1, 2025 to November 30, 2025 January 15, 2026

42. December 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.

B. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025
Final Invoicing Periods*: Due no later than:

13. July 1, 2025 to September 30, 2025 November 15, 2025

14. October 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, June 30, 2025, and included on the invoice due August 15, 2025. Project expenditures incurred after June 30, 2025 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 1, 2025 to December 31, 2025 must be submitted during the Final Invoicing Period(s), with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The financial audit is due to BSCC by December 31, 2025. Expenditures incurred for the completion of the financial audit during the period of July 1, 2025 to December 31, 2025 must be submitted during the Final Invoicing Periods, with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
#6..
- 131 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 50
E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.

Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through CalVIP funding generated from the General Fund.

The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Assembly Bill 129 (Statutes of 2021, Chapter 21), also known as the California Budget Act of 2021. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If CalVIP funding is reduced or falls below estimates contained within the CalVIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
#6..
- 132 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 51
C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
#6..
- 133 -
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
PART III, Page 52

7. PROJECT BUDGET
BSCC Budget Line Item A.

Grant Funds
B.

Match
C.

Total (A+B)

1. Salaries and Benefits $0 $0 $0

2. Services and Supplies $0 $0 $0

3. Health and Wellness $0 $0 $0

4. Professional Services or Public
Agency Subcontracts $0 $0 $0

5. Non-Governmental Organization
(NGO) Subcontracts $0 $0 $0

6. Equipment/Fixed Assets $0 $0 $0

7. Project Evaluation $0 $0 $0

8. Financial Audit $0 $0 $0

9. Other (Travel, Training, etc.) $0 $0 $0

10. Indirect Costs $0 $0 $0
TOTALS $0 $0 $0
#6..
- 134 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 53

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious #6..
- 135 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 54
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale #6..
- 136 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 55
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) #6..
- 137 -
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
PART III, Page 56
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
#6..
- 138 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 57

1. GRANTEE’S GENERAL RESPONSIBILITY

5. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

D. Grantee is responsible for the performance of all project activities identified in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Grant Proposal.

E. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the CalVIP RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
#6..
- 139 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 58
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000 C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or
#6..
- 140 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 59

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this #6..
- 141 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 60
Grant Agreement. Grantee’s written demand shall be fully supported by factual information.

The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
#6..
- 142 -
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
PART III, Page 61

10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
#6..
- 143 -
APPENDIX A to the Grant Agreement: CalVIP EXECUTIVE STEERING COMMITTEE ROSTER PART III, Page 62
CalVIP Executive Steering Committee for Grant Cycle from July 1, 2022to December 31, 2025 Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Santa Cruz & Board Member, BSCC
Santa Cruz
2 Stephen Lindley Teacher, Lee V. Pollard High School San Diego 3 Tina Curiel-Allen Cal Crew Program Manager, Five
Keys
Central Valley
4 Natasha Mejia Policy Analyst, National Institute for
Criminal Justice Reform
Oakland
5 Tina Rodriguez Statewide Manager, Californians for
Safety and Justice
Central Valley
6 Mike McLively Senior Staff Attorney
Gifford Law Center to Precent Gun
Violence
San Francisco
7 Gaynorann Siataga Community Advocate, All Islanders
Gather as One
San Francisco
8 Saun Hough CA Partnership Manager,
Californians for Safety and Justice
Los Angeles
9 Mark Slaughter Sacramento
10 Jackie Reed CEO, Women Initiating Success
Envisioned Inc.

San Diego
11 Jessie Leavitt Policy Analyst, State Bar of California & Senior corporate Counsel,
NetScout Systems, Inc.

Oakland
12 Tim Kornegay Director, LiveFree California Los Angeles 13 Mary Roberts State of CA Retiree, Administrative
Office of the Courts
Oakland
14 Mona Cadena Advocacy Director, Equal Justice
USA
San Francisco
15 Amir Chapel Policy Analyst, National Institute for
Criminal Justice Reform
Marina
16 Keith Baker Research Analyst/Co-Leader, Los
Angeles County Department of Public
Health
Los Angeles
#6..
- 144 -
PART III, Page 63
APPENDIX B to the Grant Agreement: Criteria for Non-Governmental Organizations Receiving BSCC Funds
The 2021-22 CalVIP Request for Proposals (RFP) includes requirements that apply to nongovernmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving any CalVIP funds. The RFP describes these requirements as follows:

A non-governmental organization (as either a direct grantee or subgrantee or subcontractor) must meet the following criteria:
• Have been duly organized, in existence, and in good standing at least six months before entering into a fiscal agreement with the BSCC or with the CalVIP grantee; • In either instance (applicant or subgrantee), non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement or subcontractor
• Be registered with the California Secretary of State’s Office, if applicable; • Have a valid business license, Employer Identification Number (EIN), or Taxpayer ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address.

Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs), faith-based organizations (FBOs), non-profit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other nongovernmental agency or individual. Note: These criteria do not apply to government organizations (e.g. counties, cities, school districts).

Provide your agency name and in the table list information for all contracted parties.

Grantee:

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
#6..
- 145 -
PART III, Page 64
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the CalVIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X
#6..
- 146 -
PART III, Page 65
Appendix G: Sample Governing Board Resolution
California Violence Intervention and Prevention (CalVIP) Grant WHEREAS the (insert name of Applicant Agency) desires to participate in the 2021 California Violence Intervention & Prevention funded through the California State General Fund and administered by the Board of State and Community Corrections (hereafter referred to as the BSCC).

NOW, THEREFORE, BE IT RESOLVED that the (insert title of designated official) be authorized on behalf of the (insert name of Governing Board) to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED that the (insert name of Applicant Agency) agrees to ensure all matching funds required for the above grant are provided and abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.

Passed, approved, and adopted by the (insert name of Governing Board) in a meeting thereof held on (insert date) by the following:

Ayes:

Notes:

Absent:

Signature: _______________________________________ Date: _________________ Typed Name and Title: ___________________________________________________ ATTEST: Signature: _______________________________ Date: _________________ Typed Name and Title: ___________________________________________________ #6..
- 147 -
PART III, Page 66
Appendix H: Local Evaluation Plan & Local Evaluation Report California Violence Intervention & Prevention (CalVIP) Grant Preliminary Guidelines for the Local Evaluation Plan
The California Violence Intervention & Prevention (CalVIP) Request for Proposals requires each grantee to submit a Local Evaluation Plan (LEP) to ensure that projects funded by the BSCC can be evaluated to determine their impact and effectiveness. The LEP should be developed prior to service delivery by program staff using a collaborative process that involves all relevant project community partners and interested parties.

Grantees are encouraged to identify a researcher who can assist in the collaborative process of developing the LEP and guide the local evaluation throughout the grant funding period. These guidelines were developed to assist grantees in creating a LEP that, at a minimum, addresses the information defined below.

Implementing practices and strategies that can be supported by data should be a consideration wherever possible. BSCC is responsible for verifying that grant money is spent efficiently and on effective programs. Data is just one mechanism by which to do that. Your data results may be used to add to the body of knowledge regarding what works with the target populations. Therefore, be cognizant to collect appropriate and consistent data.

BSCC will make public the LEP submitted by each grantee. Plans may be posted to the BSCC website and/or developed into a statewide summary report to be shared with the Administration, the Legislature, and the public.

Project Background
• Information essential to understanding the grantee’s project. • A description of how the project matches the theory behind its development. • A description of the criteria used to determine participant eligibility. • A description of the process for determining which intervention(s) and/or services a participant needs and will receive.
• A description of the project goals and measurable objectives identified in the proposal.

Evaluation Methods and Design
Describe the research design that will be used to evaluate the conduct (process evaluation21) and the effectiveness (outcome evaluation22) of the program. This section should include:
• A description of the research design for the process evaluation. o Document how the activities in the proposal will be carried out. 21 See page 49 of the RFP for additional information on process and outcome evaluations. 16 Ibid. #6..
- 148 -
PART III, Page 67
o Describe the process variables and how they will be measured and defined. o Describe procedures ensuring that a program will be implemented to fidelity, when applicable.
• A description of the research design for the outcome evaluation. o Describe criteria for participant eligibility and comparison group(s), including the comparison group eligibility criteria.
o Define outcome measures.
o Describe measurement instruments, programs, and interventions. o Include a definition of successful program completion. o Provide a rationale for determining whether outcomes are due to the project and not some other factor(s) unrelated to the project.
● For both the process and outcome evaluation, describe what data will be collected, their data source(s), and data collection methods (tools used to collect the data, frequency, and who and where the data will be collected). ● If multiple types of interventions will be employed, describe how the separate effects on outcome variables of each type of the intervention will be determined, if possible.

If not possible, explain how the results will be interpreted given that outcomes might be due to complex interactions among interventions.

A Logic Model
Provide a visual representation of the project depicting the logical relationships between the input/resources, activities, outputs, outcomes and impacts of the project.

California Violence Intervention & Prevention (CalVIP) Grant Preliminary Guidelines for Local Evaluation Report
The California Violence Intervention & Prevention (CalVIP) Request for Proposals requires each grantee to submit a 3-Year Local Evaluation Report (LER) to determine project results, document definitive evidence regarding the project’s efficacy and overall impact and assess whether or not the project achieved its intended goals and objectives. The LER must be based on the Local Evaluation Plan (LEP) submitted at the start of the grant. Any modifications to the LEP must be explained. These guidelines were developed to assist grantees in writing a LER that at a minimum, addresses the required information defined below.

The LER will be the documentation for what your organization did with the support of grant funds. BSCC will use these reports to help verify that the grant money was invested wisely and to describe the impact the grant had on the participants. Assuming the projects have successful outcomes, other organizations may want to adopt the project strategies or interventions you have demonstrated to be effective. Therefore, the report should include enough information to allow other organizations to replicate them. #6..
- 149 -
PART III, Page 68
The BSCC will make public the LER submitted by each grantee. Reports may be posted to the BSCC website and/or developed into a statewide summary report to be shared with the Administration, the Legislature, and the public.

Executive Summary
The Executive Summary should be a synopsis of the project explaining: the project purpose; goals and objectives, including the extent to which they were achieved; research design; major findings, including unintended outcomes (positive and negative); project accomplishments; barriers faced, how they were overcome; lessons learned; and conclusions.

Project Background
• Information essential to understanding the grantee’s project. • A description of the criteria used to determine participant eligibility. • A description of the process for determining which intervention(s) and/or services a participant needs and will receive.
• A description of the project goals and measurable objectives identified in the proposal.

Evaluation Method and Design
• A description of the research design for the process evaluation. o Document how the activities in the proposal are being carried out. o Describe the process measures and how they are being measured and defined. o Describe the procedures ensuring that a program is being implemented to fidelity, when applicable.
• A description of the research design for the outcome evaluation. o Describe criteria for participant eligibility and comparison group(s), including the comparison group eligibility criteria.
o Define outcome measures.
o Describe measurement instruments, programs, and interventions. o Include a definition of successful program completion. • For both the process and outcome evaluation, describe what data is being collected, their data source(s), and data collection methods (tools used to collect the data, frequency, and who and where were the data collected). Describe any difficulties in data collection, and how they may have influenced the results.

Evaluation Results and Discussion
• Provide data related the process evaluation. Describe any changes that were made as a result of the process evaluation findings.
• Total number of participants (unduplicated) must be included. o Include basic demographic information of your participants (age, gender, race/ethnicity).
o Include the number of individuals that received various services. • Progress towards goals
o Provide a summary of the degree to which these goals and objectives were achieved.
#6..
- 150 -
PART III, Page 69
o Describe factors that affected the progress of project goals. This may include factors which resulted in achieving goals more quickly or impeded your progress. If there were factors that impeded your progress, describe how they were addressed.
• Report results of any analyses and provide a detailed explanation related to the project’s performance over the course of the grant.
• Report results of any analyses and provide a detailed explanation of findings as it relates to any other additional outcome measures.
• Provide a clear interpretation of the results and lessons learned.

Conclusions and Recommendations
• Discuss the effectiveness of different strategies employed. • Make useful recommendations with specific guidance for what to replicate or do differently.

A Current Logic Model
A visual representation, as of the date of the report, of the project depicting the logical relationships between the input/resources, activities, outputs, outcomes and impacts of the project.

Grantee Highlight
A brief, one-page, visually appealing, highlight or success story that provides additional information related to the program’s success over the last three years. This highlight may be included in a statewide report. You may include optional graphs, charts, or photos23.

While every effort will be made to include these in a statewide report, inclusion in the report is not guaranteed.
23 The BSCC will only accept photographs in which all persons depicted are over 18 years of age and have consented to both being photographed and to the use and release of their image. By submitting photographs to the BSCC, the submitter acknowledges that all approvals have been obtained from the subjects in the photograph(s) and that all persons are over 18 years of age. Further, by submitting the photographs, the submitter irrevocably authorizes the BSCC to edit, alter, copy, exhibit, publish or distribute the photographs for purposes of publicizing BSCC Grant Programs or for any other lawful purpose. All photographs submitted will be considered public records and subject to disclosure pursuant to the California Public Records Act. #6..
- 151 -
PART III, Page 70
Appendix I: Certification of Compliance with BSCC Polices Regarding Debarment, Fraud, Theft and Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three (3) years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

By checking the following boxes and signing below, applicant affirms that:

I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.

I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three (3) years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

I/We will hold subgrantees and subcontractors to these same requirements.

A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS

STREET ADDRESS CITY STATE ZIP CODE

APPLICANT’S SIGNATURE (Blue Ink or e-signature Only) DATE X
#6..
- 152 -
PART III, Page 71
Appendix J: CalVIP Executive Steering Committee
CalVIP Executive Steering Committee for Grant Cycle from July 1, 2022 to December 31, 2025 Name Title & Organizational Affiliation From
1 Chief Andy Mills, Chair Chief of Police, City of Santa Cruz & Board Member, BSCC
Santa Cruz
2 Stephen Lindley Teacher, Lee V. Pollard High
School
San Diego
3 Tina Curiel-Allen Cal Crew Program Manager, Five
Keys
Central Valley
4 Natasha Mejia Policy Analyst, National Institute for
Criminal Justice Reform
Oakland
5 Tina Rodriguez Statewide Manager, Californians
for Safety and Justice
Central Valley
6 Mike McLively Senior Staff Attorney,
Gifford Law Center to Precent Gun
Violence
San Francisco
7 Gaynorann Siataga Community Advocate, All Islanders
Gather as One
San Francisco
8 Saun Hough CA Partnership Manager,
Californians for Safety and Justice
Los Angeles
9 Mark Slaughter Supervising Attorney, Sacramento
County Public Defender’s Office
Sacramento
10 Jackie Reed CEO, Women Initiating Success
Envisioned Inc.

San Diego
11 Jessie Leavitt Policy Analyst, State Bar of
California & Senior corporate
Counsel, NetScout Systems, Inc.

Oakland
12 Tim Kornegay Director, LiveFree California Los Angeles 13 Mary Roberts State of CA Retiree, Administrative
Office of the Courts
Oakland
14 Mona Cadena Advocacy Director, Equal Justice
USA
San Francisco
15 Amir Chapel Policy Analyst, National Institute for
Criminal Justice Reform
Marina
16 Keith Baker Research Analyst/Co-Leader, Los
Angeles County Department of
Public Health
Los Angeles
#6..
- 153 -
PART III, Page 72
Appendix K: CalVIP Project Work Plan Instructions
CalVIP applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, activities and services, the responsible parties and a timeline (see template below).

Completed Project Work Plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. Applicants must use the Project Work Plan provided within the Proposal Package at the end of this document.

This attachment cannot exceed one (1) page and does not count toward the twelve (12) numbered page limit for the Proposal Narrative. There are no margin, spacing or font restrictions for the Project Work Plan. #6..
- 154 -
PART III, Page 73
(1) Goal:

Objectives (A., B., C…): A.

B.

C.

Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date

1. 2.

3. (2) Goal:

Objectives (A., B., C...): A.

B.

C.

Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date

1. 2.

3. (3) Goal:

Objectives (A., B., C…): A.

B.

C.

Project activities that support the identified goal and objectives: Responsible staff/ partners Timeline Start Date End Date

1. 2.

3. #6..
- 155 -
Grant Proposal Cover Sheet
California Violence Intervention and Prevention
(CalVIP) Grant Proposal
CalVIP Proposal Cover Sheet
Submitted by:

INSERT Name of Applicant
Grant Dollars Requested:

INSERT $ Dollar Amount
Date Submitted:

INSERT Date of Submission to BSCC
#6..
- 156 -
CalVIP Proposal Checklist
CalVIP Proposal Checklist
A complete proposal package for funding under the CalVIP Grant Program must contain the following items:

Required Items: X
1 Completed Cover Sheet (previous page) ☐
2 CalVIP Proposal Checklist (this page)
• Originally signed in blue ink by the authorized signatory or E-signature (no stamped signatures)
☐
3 Applicant Information Form
• Originally signed in blue ink by the authorized signatory or E-Signature (no stamped signatures)
☐
4 Proposal Narrative
• 12 pages or fewer
• Optional: 1-page bibliography (not counted toward 12 pages) ☐
5 Budget Attachment (includes Budget Tables and Narrative) • 4 pages or fewer ☐
Required Attachments for All Applicants:
6 Letters of Commitment from Key Partners, if applicable (Appendix E) ☐ 7 Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds (Appendix C)
• Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures)
☐
8 Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Appendix I)
• Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures)
☐
9 CalVIP Project Work Plan (Appendix K) ☐
Optional:
10 Governing Board Resolution (Appendix G)
Note: The Governing Board Resolution or other documentation of singing authority is due prior to Grant Award Agreement, not at time of proposal submission. ☐
I have reviewed this checklist and verified that all required items are included in this proposal packet. Originally signed in blue ink or e-signed by the authorized signatory (no stamped signatures) X Applicant Authorized Signature (see Applicant Information Form, item P, next page) * Attachments other than those listed above will be removed from the proposal and not considered during the proposal evaluation process. “
#6..
- 157 -
Applicant Information Form Instructions
Applicant Information Form: Instructions
A. Applicant: Complete the required information for the city or community-based organization submitting the proposal. Indicate applicant type. For cities, the Applicant may be the city itself or a designated department or office. Check the appropriate box to indicate City or CBO.

B. Tax Identification Number: Provide the tax identification number of the Applicant.

C. CBO Applicants ONLY – Location of Services: Identify the city or cities where the CBO will provide services to residents. The city must be one of the 53 cities listed in Table 1 of the RFP.

D. CBO Applicants ONLY – Sub-Recipients: CBOs are allowed to be a direct grantee and a subgrantee for up to two (2) other applications. List other applications where you are named as a sub-recipient.

E. Project Title: Provide the title of the proposed project.

F. Name of Strategy (or Strategies) to be Implemented: List the violence reduction strategy or strategies that will be implemented with the CalVIP funds (e.g. Focused Deterrence, Street Outreach, Hospital-Based Intervention, Mentoring, Case Management, etc.).

G. Project Summary: Provide a summary (100-150 words) of the proposed project. Note: this information may be posted to the BSCC’s website for informational purposes.

H. Key Partner Agencies: List all key partner agencies (see page 14 of the RFP).

I. Type of Project to be Implemented: Identify whether the project will be a NEW effort, an ENHANCEMENT of an existing effort (i.e. increased services provided to existing population) or an EXPANSION of an existing effort (i.e. additional individuals served).

J. Grant Funds Requested: Enter the total amount of grant funds you are requesting.

K. Match Funds Committed: Enter the total amount of match funds committed (must equal amount in item I).

L. City Applicants ONLY – Pass-Through Amount: City applicants must enter the amount of grant funds that will be passed through to one or more CBO or public agencies or departments, other than law enforcement agencies or departments, that are primarily dedicated to community safety or violence prevention. Also enter the amount as a percentage (minimum 50%).

M. Project Director: Provide the name, title, and contact information for the individual responsible for oversight and management of the proposed project. This person must be an employee of the Applicant agency.

N. Financial Officer: Provide the name, title, and contact information for the individual responsible for fiscal oversight and management of the project. Typically, this is the individual that will certify and submit invoices. This person must be an employee of the Applicant agency.

O. Day-to-Day Project Contact: Provide the name, title, and contact information for the individual who serves as the primary contact person for the grant. Typically, this individual has day-to-day oversight for the project.

P. Day-to-Day Fiscal Contact: Provide the name, title and contact information for the individual who serves as the primary contact person for fiscal matters related to the grant. This may be the individual who prepares the invoices for approval by the Financial Officer.

Q. Authorized Signature: Complete the required information for the person authorized to sign for the Applicant. This individual must read the assurances under this section, then sign and date in the appropriate fields
.
#6..
- 158 -
CalVIP Applicant Information Form | Page 1 of 2
CalVIP Applicant Information Form
A. APPLICANT: B. TAX IDENTIFICATION NUMBER:

NAME OF APPLICANT TAX IDENTIFICATION #

STREET ADDRESS CITY STATE ZIP CODE
MAILING ADDRESS (if different) CITY STATE ZIP CODE
APPLICANT TYPE: ☐ COMMUNITY-BASED ORGANIZATION (CBO) ☐ CITY C. CBO APPLICANTS ONLY –
LOCATION OF RESIDENTS RECEIVING SERVICES (MUST BE CITY OR CITIES LISTED IN TABLE 1):

D.CBO APPLICANTS ONLY – LIST ANY APPLICATIONS WHERE YOU ARE NAMED AS A SUB-RECIPIENT E. PROJECT TITLE:

F. STRATEGY TO BE IMPLEMENTED:

G. PROJECT SUMMARY (100-150 words):

G. KEY PARTNER AGENCIES
(if applicable):

Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
H. TYPE OF PROJECT: ☐ NEW ☐ ENHANCEMENT ☐ EXPANSION
I. GRANT FUNDS REQUESTED: $ J. MATCH FUNDS: $
K. CITY APPLICANTS ONLY – PASS-THROUGH AMOUNT: $ %
L. PROJECT DIRECTOR:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
M. FINANCIAL OFFICER:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
#6..
- 159 -
CalVIP Applicant Information Form | Page 2 of 2
PAYMENT MAILING ADDRESS (if different) CITY STATE ZIP CODE N. DAY-TO-DAY PROGRAM CONTACT:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
* Authorized Signature: Must be a representative with the authority to sign documents and obligate the applicant.

O. DAY-TO-DAY FISCAL CONTACT:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS
P. AUTHORIZED SIGNATURE*:

By signing this application, I hereby certify I am vested by the Applicant with the authority to enter into contract with the BSCC, and the grantee and any subcontractors will abide by the laws, policies, and procedures governing this funding.

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE (Blue Ink or E-signature only) DATE

#6..
- 160 -
CalVIP Proposal Narrative | Page 1 of 12
CalVIP Proposal Narrative
The Proposal Narrative section may not exceed twelve (12) pages total. See pages 25- 28 for corresponding Rating Factors and Rating Criteria.

1. Description of Community Need (Percent of Total Value: 15%)

2. Project Description (Percent of Total Value: 40%)

3. Organizational Capacity and Coordination (Percent of Total Value: 20%)

4. Project Evaluation and Monitoring (Percent of Total Value: 12%) #6..
- 161 -
CalVIP Project Work Plan | One Page
CalVIP Project Work Plan (may not exceed one (1) page. See Appendix K for instructions) (1) Goal:

Objectives
(A., B., C...):

A.

B.

C.

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. 2.

3. 4.
(2) Goal:

Objectives
(A., B., C...):

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. 2.

3. 4.
(3) Goal:

Objectives
(A., B., C...):

A.

B.

C.

Project activities that support the identified goal
and objectives
Responsible staff/
partners
Timeline
Start Date End Date

1. 2.

3. 4.
#6..
- 162 -
CalVIP Project Budget

5. Project Budget (Percent of Total Value: 13%)
As part of the CalVIP proposal package, applicants are required to submit the 2022 CalVIP Grant Project Budget and Budget Narrative (Budget Attachment). Detailed instructions for completing the Budget Attachment are listed on the Instructions tab of the Excel workbook:

To access the CalVIP Budget Attachment, click here.

The Budget Attachment may not exceed four (4) pages total. See page 29 for corresponding Rating Factors and Rating Criteria.

Upon submission, the Budget Attachment will become “Section 5: Project Budget,” making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Attachment and are encouraged to double check all entries.

All project costs must be directly related to the objectives and activities of the proposed project. The Budget Attachment covers the entire grant period. For example, if you are requesting $1 million (with a $1 million match), the Budget Table must total to $2 million, and the corresponding Narrative must explain how that $2 million will be spent over the grant period.

Additional guidance on grant budgets can be found in the BSCC Grant Administration Guide, located on the BSCC website.
#6..
- 163 -
Additional Mandatory Documents
Additional RFP Mandatory Documents
Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds Please see Appendix C
Letters of Commitment from Key Partners
Please see Appendix D
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement
Please see Appendix I
#6..
- 164 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 29, 2021
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Cultural Relations and Community Building Coaching Series CONTACT: Brandon Gillespie, Police Chief, [email protected], 209.572.9501 DESCRIPTION:

Consider approving an agreement with Mr. Michael Baldwin Sr. Consultants, LLC to provide cultural relations and community building coaching for a one-year Agreement with two, one-year extension options, for an annual estimated cost of $98,500 and a total amount not to exceed $295,500 over three years, and forwarding to Council for approval. (Funding Source: General Fund, Edward Byrne Memorial Justice Assistance Grant (BJAG) Program and Supplemental Law Enforcement Services Funds (SLESF)
STRATEGIC PLAN ELEMENT:

This item supports City of Modesto 2020-2025 Strategic Plan focus area of Quality of Life under Goal A. Improve Community Safety as well as the focus area of Service Delivery under Goal I.

Promote Trust and Engagement.

BACKGROUND:

Building and maintaining community trust is a foundational principle to effective policing anywhere, and is a key priority for the Modesto Police Department. The Police Department not only understands the importance of community engagement and developing trusting relationships with all segments of our community, but also understands that trust is fragile and must be constantly pursued and enhanced.

Similar to other cities throughout the country, our community has experienced unprecedented times over the past two years amid a pandemic, an increase in political divisiveness, and a growing disconnect between law enforcement and the communities they serve. The Modesto Police Department recognizes, and is committed to reducing, the disconnect that has been especially prevalent in communities of color. #7..
- 165 -
Safety & Communities Committee, January 10, 2022
Cultural Relations and Community Building Coaching Series

Page 2 of 3 ends
← All documents from this meeting