Montebello City Council
November 16, 2022

The above terms include fuel for vehicle being provided by MBL.

With respect to uniform choices, Allied Universal recommends our hard profile military style type uniform for the Headquarter facility as well as the Metrolink site. We recommend a softer polo style (Bike Patrol Polo) for the bus riding officers. Examples of the two types of uniforms are depicted in the attached uniform catalogue. While these are our recommendations, MBL can look through the attached catalogue for other options as well.

It has truly been our honor serving MBL and the City of Montebello. We look forward to the opportunity to grow our partnership under the new security deployments.

Sincerely,
Allied Universal Security Services

Tad Garabedian
Government Specialist
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 80 $20.00 $29.60 $44.40 $123,136.00 Standard Officers Metrolink, CA 168 $20.00 $29.60 $44.40 $258,585.60 Transit Officers On Bus Lines, CA 192 $21.00 $31.08 $46.62 $310,302.72 Mobile Transit Security Supervisor Mobile, CA 96 $24.00 $35.52 $53.28 $177,315.84 Sub-Total 536 $869,340.16
Direct Bills (Estimate) Annual Cost
(4) Heliaus at $199/month $9,552.00
(1) Chevy Trax @ $1,200/month $14,400.00
Holiday $9,776.23
Sub-Total $33,728.23
Grand Total $903,068.39
Rate Card and Total Spend - Year 2
City of Montebello
Post Site HPW Wage Rate Bill Rate Holiday /
OT Rate Annual Cost
Standard Officers HQ, CA 80 $21.00 $31.08 $46.62 $129,292.80 Standard Officers Metrolink, CA 168 $21.00 $31.08 $46.62 $271,514.88 Transit Officers On Bus Lines, CA 192 $22.00 $32.56 $48.84 $325,079.04 Mobile Transit Security Supervisor Mobile, CA 96 $25.00 $37.00 $55.50 $184,704.00 Sub-Total 536 $910,590.72
Direct Bills (Estimate) Annual Cost
(4) Heliaus at $199/month $9,552.00
(1) Chevy Trax @ $1,200/month $14,400.00
Holiday $10,362.81
Sub-Total $34,314.81
Grand Total $944,905.53
City of Montebello
Rate Card and Total Spend - Year 3

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVAL TO PROVIDE RECRUITMENT INCENTIVES TO QUALIFIED

FIREFIGHTERS/PARAMEDICS
DATE: November 16, 2022
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve a Lateral Bonus Recruitment Incentive Program to provide recruitment incentives for qualified Firefighter/Paramedics and referral bonuses to current employees; and

2. Take such additional, and related action that may be desirable.

FISCAL IMPACT:

Currently, the Fire Department has eight (8) vacant Firefighter/Paramedic positions (as of October 28, 2022). Using this number of vacancies and assuming all positions are filled by laterals, the following table provides an estimated cost of the proposed incentive program (assuming a total recruitment payment of $5,000 per Firefighter/Paramedic and $500 per referral).

Below is an estimated projected cost for the Lateral Bonus Recruitment Incentive:

Fire Department Positions Number of Vacancies Cost Per Position Total Firefighter/Paramedic (Lateral) 8 $5,000 $40,000
Referral Incentive 8 $500 $4,000
Total (Estimate) $44,000
This estimate could vary based upon personnel changes that may occur during the recruitment process – should the number of vacancies change compared to the number as of October 28, 2022. It should also be noted that payments to lateral employees and

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

referring employees will be paid based upon achieving specific milestones (e.g. upon hiring, completion of training, and completion of probationary employment period). As a result, incentive payments may be paid in subsequent fiscal years beyond Fiscal Year 2022-23.

No budget adjustment action is needed at this point, as staff will monitor the number of lateral hires and the provision of incentive bonuses and their impact on the Fire Department budget. If necessary, subsequent action will be taken to amend the FY 2022-23 budget, and additional appropriations will be included in the FY 2023-24 budget if deemed necessary.

It is proposed this program remain in effect until June 30, 2023, with the decision to extend the program for one (1) additional year at the City Manager’s discretion.

BACKGROUND/DISCUSSION:

Recruitment and retention for the fire service, especially in the rank of Firefighter/Paramedi, is extremely competitive throughout the county and state. All agencies are dealing with the shortage of personnel at all levels of fire suppression. Hiring incentives and referral bonuses are becoming a common practice among fire service agencies in and around Los Angeles County. It is imperative that the City of Montebello and the Montebello Fire Department stay on trend with surrounding agencies to recruit, hire and retain the best and most qualified candidates.

Addressing the shortage in fire personnel also allows the Department to participate and comply with its mutual-aid agreements (County and State), such as with the California Office of Emergency Services (Cal OES) and the California Fire Service and Rescue Emergency Aid Plan. Under the California Fire Assistance Agreement (CFAA), the CFAA negotiates the reimbursement mechanism for local government fire agency responses through the California Fire Service and Rescue Emergency Mutual Aid System. Above all it increases training opportunities for the City's fire personnel and helps boost staff morale that leads to retention and engagement.

The Fire Department is in the process of exploring various workforce solutions as it relates to recruitment, retention and engagement, including following best practices for creating a responsive, diverse, equitable and inclusive fire organization. The Department is working with all of its fire personnel (all-ranks) to explore creative and innovative approaches to improve recruitment, retention, training, expansion of programs and community engagement.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

ANALYSIS:

Hiring incentive practices would be a new recruitment tool for the Fire Department (a similar program was recently approved to assist with Police Department recruitment). However, surrounding agencies across the State have implemented similar recruitment incentive programs, and staff researched and collected the following information for comparative purposes:

Lateral Firefighter/Paramedics:
San Jose Fire Department, $10,000 in two installments, $5,000 upon hiring, and $5,000 upon successful completion of probation.
Hemet Fire Department, $3,000, plus carry-over 100 hours of sick time, $2,000 upon hiring, $1,000 upon completion of training.
Culver City Fire Department, $5,000 in two installments, $2,500 at hiring and $2,500 upon completion of training.
Colton Fire Department, $15,000 in three installments, $5,000 upon hiring, $5,000 upon completion of training and $5,000 upon successful completion of probation.

Suggested recruitment incentives for the City of Montebello’s lateral Firefighter/Paramedic would be:
$5,000 in two installments, $2,500 at hiring and $2,500 after successful completion of probation.
If a lateral Firefighter/Paramedic is referred by a current City of Montebello employee (regardless of department or classification), a $500 referral bonus will be paid to the referring employee. The referral bonuses will be paid once the lateral employee has successfully completed their probationary period.

The estimated total cost to put a Firefighter/Paramedic through the academy and the first- year training is approximately $100,000 (training, uniforms, turnouts, fire personnel safety equipment, etc.). The Fire Academy is an intense 6- week high stress setting that entry- level Firefighter/Paramedics often struggle to successfully complete. Lateral Firefighter/Paramedics have already completed an academy and passed the probation period at their respective departments.

SUMMARY:

Staff recommends that the City Council approve a program to establish recruitment and referral incentive bonuses for the recruitment and retention of Lateral Firefighter/Paramedics.

ATTACHMENT(S)
None
NEXT STEPS:

N/A

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Fernando Pelaez, Fire Chief
SUBJECT: APPROVAL TO SUBMIT GRANT APPLICATION TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS, PROPOSITION 64 PUBLIC

HEALTH AND SAFETY GRANT PROGRAM

DATE: November 16, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve the submission of the grant application for the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant Program; and

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant Program currently has a funding opportunity to submit a competitive grant application to address cannabis related impacts to the community. If the City is successful in this grant application and is awarded funding, and once the amount of funding is determined, staff will return to the City Council with a request to appropriate the funds.

BACKGROUND/DISCUSSION:

California became the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996. Today, cannabis is legal in California for both medicinal

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

and adult (recreational) use. In November of 2016, voters approved Proposition 64 (Prop 64), the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). AUMA legalized the recreational use of marijuana in California for individuals 21 years of age and older.

Proposition 64, in pertinent part, provides that a portion of the tax revenue from the cultivation and retail sale of cannabis or cannabis products would be appropriated for the Board of State and Community Corrections (BSCC) to make grant funding available to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The board shall not make any grants to local governments that ban both indoor and outdoor commercial cannabis cultivation or ban retail sale of cannabis or cannabis products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.

On October 17, 2022, a total of $150,000,000 in available funding has been allocated for Cohort 3. The total available grant funds are made available to the BSCC through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account through fiscal year 2021-

22. Successful applicants will be funded for a five-year grant project cycle commencing on May 1, 2023 and ending on April 30, 2028.

The purpose of this grant program is to fund projects that assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).

The Fire Department, in partnership with the Police Department and the Planning and Community Department, will collaborate in developing an intra-department proposal seeking funding that will be used towards proposed activities/strategies that fall within the four (4) Project Purpose Areas (PPAs), 1) Youth Prevention and Intervention, 2) Public Health, 3) Public Safety, and 4) Environmental Impacts. The funding allows to either implement new activities, strategies, or programs, or expand existing activities, strategies, or programs. This additional funding would provide additional financial resources to actively invest in activities that will support Public Safety (Fire and Police) and Community Planning with an overall goal to better serve and protect our community.

The Departments are interested in exploring PPA 3, Public Safety refers to the welfare and protection of the general public, including but not limited to the prevention and protection of the public from dangers affecting safety such as crimes, disasters, or impacts due to the legalization of cannabis. Activities that may be funded include but are not limited to: code enforcement; retail theft; public information and outreach; training efforts; law enforcement; community planning or development efforts; cannabis delivery compliance; protective safety equipment; update to technology systems (track & trace); transportation impacts, water storage issues; fire protection; fuel mitigation and/or fuel reduction; and wildland/urban interface planning and implementation.

ENVIRONMENTAL IMPACT:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.

ANALYSIS:

N/A

SUMMARY:

That the City Council approve the submission of a grant proposal application for the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant Program. Should the City be successful in receiving the grant, subsequent City Council action will be presented to appropriate the grant funds and provide details on the exact use of the funding.

ATTACHMENT(S)

1. Attachment A - Guidelines, Proposition 64 Public Health and Safety

NEXT STEPS:

N/A

Proposition 64
Public Health and
Safety Grant Program

Eligible Applicants:

California Counties
California Cities

Grant Period: May 1, 2023 to April 30, 2028

RFP Released: October 17, 2022

Letters of Intent Due: November 18, 2022

Proposals Due: December 2, 2022

This page intentionally left blank

Contents
PART I: GRANT INFORMATION ...................................................................................... 1 Grant Program Background ............................................................................................ 1 Contact Information ......................................................................................................... 1 Proposal Due Date and Submission Instructions ......................................................... 2 BLGGHUV¶ CRQIHUHQcH - Virtual .......................................................................................... 3 Lead Public Agency ......................................................................................................... 3 Letter of Intent .................................................................................................................. 4 Eligibility for Funding ...................................................................................................... 4 Grant Program Description ............................................................................................. 5 General BSCC Grant Requirements ............................................................................... 8 Project Funding Information ......................................................................................... 11 Project Evaluation Requirements ................................................................................. 13 BSCC Executive Steering Committee Process ............................................................ 14 Overview of the RFP Process ....................................................................................... 14 PART II: PROPOSAL INSTRUCTIONS AND RATING FACTORS ................................. 17 Proposal Abstract .......................................................................................................... 18 Proposal Narrative ......................................................................................................... 18 Proposal Budget............................................................................................................. 20 Additional RFP Information ........................................................................................... 21 RFP Mandatory Documents .......................................................................................... 22 APPENDICES .................................................................................................................. 23 APPENDIX A Glossary of Terms ........................................................................................ 24 APPENDIX B Sample Letter of Eligibility ............................................................................. 31 APPENDIX C Evidence-Based Resources ........................................................................... 32 APPENDIX D Sample Grant Agreement ............................................................................... 34 APPENDIX E Sample Governing Board Resolution............................................................... 50 APPENDIX F Certification of Compliance with BSCC Policies ................................................ 51 APPENDIX G Sample BSCC Comprehensive Monitoring Visit Tool ......................................... 52 APPENDIX H County Population Index ............................................................................... 62 APPENDIX I Sample Local Evaluation Plan/Report Components ............................................ 63 APPENDIX J Prop 64 PH&S Grant Executive Steering Committee .......................................... 66 APPENDIX K Criteria for Non-Governmental Organizations ................................................... 67 APPENDIX L Sample Prop 64 PH&S Grant Program Work Plan .............................................. 69

TABLE OF CONTENTS

CONFIDENTIALITY NOTICE

All documents submitted as a part of the Proposition 64 Public Health and Safety 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.)

PART I, Page | 1

In November of 2016, voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). AUMA legalized the recreational use of marijuana in California for individuals 21 years of age and older. Proposition 64, in pertinent part , provides that a portion of the tax revenue from the cultivation and retail sale of cannabis or cannabis products will be appropriated:

To the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The board shall not make any grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products pursuant to Section 26200 of the Business and Professions Code or as otherwise provided by law.

Total funding available for this Request for Proposals (RFP) for Cohort 3 is $150,000,000.

The total available grant funds in this RFP is contingent on timely deposits made available to the BSCC through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account through fiscal year 2021-22. Successful applicants will be funded for a five-year grant project cycle commencing on May 1, 2023 and ending on April 30, 2028.

This Request for Proposal (RFP) provides the information necessary to prepare a proposal to the BSCC for grant funds available through the Prop 64 PH&S Grant Program.

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 questions about this RFP until December 2, 2022.

Frequently asked questions and answers (FAQs) concerning the BSCC¶s RFP process, and the Prop 64 solicitation will be posted on the BSCC website and updated periodically through November 29, 2022.

PART I: GRANT INFORMATION
Grant Program Background
Contact Information

PART I, Page | 2
Proposal Due Date and Submission Instructions

The Proposition 64 Public Health and Safety Grant Program, Cohort 3 Proposal Package submission is available through an online portal submission process. Applicants must submit proposals through the BSCC-Submittable online portal by 5:00 p.m. on December 2, 2022 at which time the portal will close and no longer accept applications.

Please allow sufficient time to begin and submit your application. If the BSCC does not receive a submission by 5:00 p.m. (PST) on December 2, 2022, the proposal will not be considered for funding. Applicants are strongly advised to submit proposals in advance of the due date and time to avoid disqualification.

Submission Instructions

READ THIS ENTIRE RFP DOCUMENT PRIOR TO INITIATING THE APPLICATION PROCESS. This RFP Instruction Packet contains all the necessary information to successfully complete and submit the Prop 64 application for Cohort 3.

As part of the online BSCC-Submittal Application process, applicants will be required to download several mandatory forms that must be completed, signed, and uploaded at specific prompts within the BSCC-Submittable Application prior to submission. These documents are available for download at: http://www.bscc.ca.gov/proposition-64-public- health-safety-grant-program/.

1. Letter of Eligibility

2. Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement

3. Criteria for Non-Governmental Organizations Receiving BSCC Funds

4. Letter(s) of Commitment ± Sample

5. Project Work Plan

6. Governing Board Resolution ± Sample (optional; not required for proposal submission)
The Prop 64 Grant Program, Cohort 3 RFP is accessible b\ clicking the ³BSCC- Submittable Application´ button located on the Prop 64 Grant Program Homepage at:
http://www.bscc.ca.gov/proposition-64-public-health-safety-grant-program/. You will be prompted to create a free Submittable account and log-in (or sign into an existing account) prior to accessing the online RFP. Additional RFP instructions are provided within the BSCC-Submittable Application. Note: Most of the fields within the RFP require information to be entered; therefore, the system will not allow application submission if all mandatory fields are not completed.

Once you have successfully submitted the proposal through the BSCC -Submittable Application process, you will receive an email acknowledging your application has been received.

If you experience any challenges submitting your Prop 64 Grant Program Cohort 3 RFP, please email the BSCC at: [email protected]. Be advised that applicants contacting the BSCC at the close of the submission due date/time may not receive timely responses. Please allow sufficient time for BSCC staff to provide technical assistance.

PART I, Page | 3
BLGGHUV¶ CRQIHUHQcH - Virtual

Prospective applicants are invited ± but not required ± to attend a Bidders¶ Conference.

The purpose of a Bidders¶ Conference is to answer technical questions from prospective bidders (applicants) and provide clarity on RFP instructions. There is no preference given to applicants who attend the Bidders¶ Conference. Details for the Bidders¶ Conference are listed below:

Proposition 64 Public Health and Safety Grant Program , Cohort 3 BLGGHUV¶ Conference
Wednesday, November 9, 2022
1:30 p.m.

Via Zoom:
https://us02web.zoom.us/j/88155648005?pwd=cm9SNzh3bjZaMGo4dXVBU0MwYjBydz 09 Meeting ID: 881 5564 8005
Passcode: 281824

We request that applicants who plan to attend the Bidders¶ Conference, RSVP by email with their name, title, and name of their agency/organization.

EMAIL RSVP to: [email protected].
(Subject line: Prop 64 PH&S Grant Program Bidders¶ Conference)

Please note: TKe PURS 64 PH&S GUaQW PURJUaP BLddeUV¶ CRQIeUeQce ZLOO be recorded and posted to the BSCC website for future reference.

All Prop 64 PH&S local government grantees are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. LPA means a governmental agency with local authority of or within that county or city. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with local government agencies and non-governmental organizations (if applicable) to ensure successful implementation of the grant program. The LPA is responsible for data collection and management, overseeing evaluative activities, and will serve as the primary point of contact with the BSCC.

Lead Public Agency

PART I, Page | 4

Applicants interested in applying for the Prop 64 PH&S Grant Program, Cohort 3 are asked, but are not required, to submit a non-binding Letter of Intent. These letters will aid the BSCC in planning for the proposal review process.

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

x Name of the Applicant (city, county, or city and county), x Name of the lead public agency (LPA),
x A brief statement indicating the count\ or cit\¶s intent to submit a proposal, and x Name of a contact person.

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

Please submit your non-binding Letter of Intent by November 18, 2022 via email:

Email Responses: [email protected]
(Subject line: Prop 64 Grant Letter of Intent)

Eligibility for Funding

Eligible applicants must be local governments that have not banned both indoor and outdoor commercial cannabis cultivation, or retail sale of marijuana or marijuana products.

Local governments awarded Proposition 64 PH&S Grant funds in previous RFPs are eligible to apply to this current solicitation (i.e., Cohort 3).

For purposes of this RFP, the following definitions apply:

³Local governments´ means cities, counties, and cities and counties in the State of California.

³Ban the cultivation´ means
Regulations, ordinances, or amendments to local government charters that prohibit both the:
x indoor commercial cannabis cultivation (including mixed light cultivation), and x outdoor commercial cannabis cultivation,
within the local government¶s jurisdiction/authority that is not otherwise preempted by state law.

NOTE: Cultivation of cannabis is not banned by a local government if the local government restricts cultivation activities to specific locations pursuant to local zoning ordinances or if the local government requires licensure for specific commercial Letter of Intent

PART I, Page | 5
cannabis cultivation activities provided that such restrictions do not result in the prohibition of all indoor commercial cultivation, and outdoor commercial cannabis cultivation, activities within the local government¶s jurisdiction/authorit\ (see Appendix A).

³Ban retail sale´ means
x Regulations, ordinances, or amendments to local government charters that prohibit the local establishment or local operation of any or all businesses licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code.
x Businesses must be allowed to have a physical presence (i.e., brick and mortar location) within the local government¶s jurisdiction/authorit\.

NOTE: Retail sale of cannabis is not banned by a local government if the local government restricts the retail sale of cannabis to specific locations pursuant to local zoning ordinances, or if the local government requires licensure for specific retail sales activities provided that such restrictions do not result in the prohibition of all retail sales in the local government¶s jurisdiction/authorit\ (see Appendix A).

Cannabis delivery services operating within the jurisdiction of a local government without a physical retail presence (i.e., brick and mortar location(s)) within that jurisdiction does not make the local government eligible for Prop 64 funding.

Local governments in California must meet the above eligibility criteria by December 2, 2022 to be considered for funding under this Prop 64 PH&S Grant Program, Cohort 3 RFP and must maintain eligibility for the duration of the grant period.

Applicants are required to submit a Letter of Eligibility (as part of the RFP submittal process), detailing how the city, county, or city and county meets the above criteria, including the dates the regulations, ordinances, or amendments to local government charters became enacted/effective (see Appendix B). Jurisdictions in the process of legalizing the cultivation or retail sale of marijuana or marijuana products will be ineligible for current funding under this Prop 64 PH&S Grant Program, Cohort 3 RFP.

Additionally, if a grant award is made to a city, county, or city and county (eligible at the time of award) but becomes ineligible post-award, the contract with the Grantee will be terminated and any remaining funds will cease to be disbursed for the rest of the contract term.

Applicants may want to review the data compiled by the Department of Cannabis Control (DCC) for their jurisdiction at: https://cannabis.ca.gov/cannabis-laws/where-cannabis- businesses-are-allowed/. The BSCC will not use this data to determine ineligibility; however, the BSCC ma\ consider the information contained on the DCC¶s website to request additional eligibility information from the applicant.

Grant Program Description

The purpose of this grant program is to fund projects that assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety

PART I, Page | 6
associated with the implementation of the Control, Regulate and Tax Adult U se of Marijuana Act (AUMA).

Eligibility to Apply
Eligible applicants for Prop 64 PH&S Grant Program awards are:
x California Counties ± Applications must be submitted by the Board of Supervisors or the Chief County Administrative Officer;
x California Cities ± Applications must be submitted by the City Council or the Administrative Office of the City;
x California City and County ± Application must be submitted by the Board of Supervisors, the Chief Administrative Officer, or City Council;

Counties and cities previously awarded Proposition 64 PH&S Grant monies are eligible for Cohort 3 funding.

Eligible applicants may not submit more than one (1) proposal for funding consideration.

Eligible Activities

Applicants must propose activities/strategies that fall within the four (4) Project Purpose Areas (PPAs) defined below. Applicants may either implement new activities, strategies, or programs, OR expand existing activities, strategies, or programs (without the supplantation of funds ± see Supplanting definition on page 12).

All project components and activities must link to the intent of the Prop 64 PH&S Initiative - local impacts due to the legalization of adult use recreational cannabis in California.

Applicants must identify and address one (1) or more of the PPAs listed as it relates to the local impact of legalizing cannabis in California. Project activities, strategies, and programmatic efforts may overlap within the listed PPAs. Each identified PPA activity, strategy, and programmatic effort does not have to relate to another identified PPA need(s). All project activities, strategies, and programmatic efforts must be associated with the implementation of AUMA (i.e., local impacts due to the legalization of cannabis in California).

Prop 64 PH&S Grant Program Project Purpose Areas (PPAs)

PPA 1: Youth Development/Youth Prevention and Intervention

For the purposes of this RFP, youth are defined as under the age of 21 (i.e., individuals not of legal age to use and purchase cannabis products).

Youth development programs should be designed to improve the lives of children and adolescents by meeting their basic physical, developmental, and social needs and by helping them to build the competencies needed to become successful adults.

PART I, Page | 7
Youth Prevention and Intervention programs should address preventing youth substance use and addiction and/or intervening to promote healthy behaviors and environments while minimizing illness, injury, and other harms associated with substance use.

Approaches may include preventing exposure, preventing youth from progressing from substance use to misuse, and preventing the onset of addiction, overdose, and other harms associated with misuse.

Youth development/youth prevention and intervention programs should be trauma- informed, culturally relevant, developmentally appropriate, community-driven, and promising / evidence-based (refer to Appendix A and Appendix C). These programs are intentional, prosocial approaches that engage youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recogni]es, utili]es, and enhances \oung people¶s strengths; and promotes positive outcomes for young people by providing opportunities, fostering positive relationships, and furnishing the support needed to build on their strengths. Programs for youth should increase the individual¶s protective factors (e.g., positive family support; caring adults; positive peer groups; strong sense of self/self-esteem, and engagement in school and community activities).

Activities that may be funded include but are not limited to: peer mentoring or community- based mentoring; job training/apprenticeships; cannabis substance use education; cannabis substance use treatment; prosocial activities; juvenile record expungement; and youth outreach programs.

It is highly encouraged that applicants consider including a youth component as part of their overall project strategy; however, it is not mandatory.

PPA 2: Public Health
Public health refers to activities for protecting the safety and improving the health of communities through education, policy/infrastructure making, and research for the safety of the community.

Activities that may be funded include but are not limited to: public health training and education; public information and outreach; inspection and enforcement of cannabis businesses; behavioral and mental health treatment; cannabis product safety; testing/safety equipment; pesticide impact efforts; drinking and waste water system updates; air quality efforts; and other environmental-system updates.

PPA 3: Public Safety
Public Safety refers to the welfare and protection of the general public, including but not limited to the prevention and protection of the public from dangers affecting safety such as crimes, disasters, or impacts due to the legalization of cannabis.

Activities that may be funded include but are not limited to: code enforcement; retail theft; public information and outreach; training efforts; law enforcement; community planning or development efforts; cannabis delivery compliance; protective safety equipment; update to technology systems (track & trace); transportation impacts, water storage issues; fire protection; fuel mitigation and/or fuel reduction; and wildland/urban interface planning and implementation.

PART I, Page | 8

PPA 4: Environmental Impacts
Environmental impact refers to the prevention of human injury and promoting well-being by identifying and evaluating environmental resources and hazardous agents by limiting exposures to hazardous physical, chemical, and biological agents in air, water, soil, food, and other environmental media or settings that may adversely affect human health.

Activities that may be funded include but are not limited to: technology/software; odor abatement; nuisance abatement; forest management; hazardous clean-up; sediment testing; water systems and storage; cultivation code enforcement; aquatic protections; fire protections; and pesticide impacts.

Grant Agreement
Applicants approved for funding by the BSCC 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 D for a sample contract (State of California:

Contract and General Terms and Conditions).

The Grant Agreement start date is expected to be May 1, 2023. Grant Agreements are considered fully executed only after they are signed by both the Grantee and the BSCC.

Work, services, and encumbrances should not begin prior to the Grant Agreement start date. If a grantee chooses to incur costs for reimbursement, any work, services, and encumbrances which occur after the start date but prior to grant agreement execution may not be reimbursed. Grantees are responsible for maintaining their Grant Agreement, all invoices, records, and relevant documentation for at least three (3) years after the final payment under the contract.

Governing Board Resolution
Local governmental applicants must submit a resolution from their governing board addressing specified requirements as included in the sample Governing Board Resolution, which can be found in Appendix E. A signed resolution is not required at the time of proposal submission; however, grant recipients must have a resolution on file for the Prop 64 PH&S Grant before a fully executed grant agreement can be completed.

General BSCC Grant Requirements

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Funding Awards
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 application form as the Financial Officer for the grant.

Grantees must submit invoices to the BSCC on a quarterly basis t hrough the online process no later than 45 days following the end of each quarter. Grantees must maintain adequate supporting documentation for all costs claimed on invoices. BSCC staff will conduct a desk review process which requires grantee s to submit electronic documentation to support all grant funds claimed during the invoicing period and on-site monitoring visits that will include a review of documentation maintained as substantiation for project expenditures.

Audit Requirements
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term (October 31, 2028). 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 count\ or cit\¶s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

In addition, the 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 Bureau of State Audits, 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 BSCC¶s monitoring and oversight process.

Grantees who 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.

Grantee Orientation Process
Following the start of the grant period, BSCC staff will conduct a Grantee Orientation (at a date to be determined later). The purpose of this mandatory training is to review the program requirements, invoicing and modification processes, data collection a nd reporting requirements, evaluation requirements, as well as other grant management and monitoring activities. Typically, the Project Director, Financial Officer, and Day-to-Day Contact must attend. *If an in-person training is scheduled, Grant recipients may use Prop 64 PH&S 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 ³Other´ categor\ for this 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

PART I, Page | 10
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 project - related personnel, as outlined in the Grant Agreement, 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 polic\. 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 California State travel and per diem policy, unless the grantee¶s written travel polic\ 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. Grantees must receive written BSCC approval prior to incurring expenses for out-of-state travel.

Even if previously authorized in the Grant Award, grantees must submit to the BSCC a separate formal request (on grantee letterhead) for approval. Out-of-state travel requests must include a detailed justification and budget information.

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.

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 BSCC will not enter into contracts or provide disbursements or 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.

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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 F certifying they are in compliance with the BSCC¶s policies on debarment, fraud, theft, and embe]]lement.

Compliance Monitoring Visits
BSCC staff will conduct periodic monitoring of 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, a sample monitoring visit checklist is contained in Appendix G.

Project Funding Information

Grant Period
Successful proposals will be funded for a five-year grant project cycle commencing on May 1, 2023 and ending on April 30, 2028.

However, additional time (May 1, 2028 through October 31, 2028) is included in the term of the contract for the sole purposes of:
1) Finalizing and submitting a required Local Evaluation Report, and 2) Finalizing and submitting a required financial audit.

Funding Amount
A total of $150,000,000 in state funding is available for local projects through this RFP, contingent on timely deposits to the BSCC through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account. The maximum amount for which any eligible single applicant may apply is $3 million.

Applicants are encouraged to request only the amount of funds needed to support their proposal and the amount that can be justified with supporting documentation/information.

All applicants must build their proposal, objectives, activities, timelines, and budget information for all five (5) years of the grant cycle. For example, if an applicant is requesting the maximum award amount of $3,000,000, the budget detail must clearly illustrate how that $3,000,000 will be allocated across the entire five (5) years (see Budget Section for instructions).

All project components and activities must link to the intent of the Prop 64 PH&S Initiative - local impacts due to the legalization of adult use recreational cannabis in California.

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Funding Distribution and Funding Thresholds
The total available funding of $150,000,000 will be awarded within four categories and applicants will only compete with other applicants within that category. Recognizing that different sized jurisdictions have different capacities, resources, and needs, these categories were established so a percentage of the overall available funding will be set aside for small, medium, and large counties (and cities within those counties). The categories and amounts available for each are as follows:

1. Small counties, and all cities within those counties, will compete for 20 percent (20%) of the total Prop 64 PH&S grant funds, which equates to $30,000,000.

2. Medium counties, and all cities within those counties, will compete for 20 percent (20%) of the total Prop 64 PH&S grant funds which equates to $30,000,000.

3. Large counties, and all cities within those counties, will compete for 20 percent (20%) of the total Prop 64 PH&S grant funds which equates to $30,000,000.

The categorization of counties as small, medium, or large is based on county population figures published by the California Department of Finance (see Appendix H). Cities will be categorized based on the county they are located.

The remaining 40 percent (40%) of the total Prop 64 PH&S grant funds will be used to fund the overall highest-rated proposals not funded through the small, medium, and large county set-aside categories.

4. The highest rated proposals that did not receive an award under the above categories will compete for the remaining 40 percent (40%), or $60,000,000, regardless of county size category.

Funds in the small, medium, and large categories will be awarded first. Should there be a proposal that is only partially funded through a county-size category due to not having sufficient funds for a full proposal request, those proposals will be fully funded first using funds within the 40 percent (40%) category.

If there are not sufficient qualified applicants in any set-aside county-size category to exhaust all funds, those funds will be used to augment the 40 percent (40%) highest-rated category.

Minimum Score
Applicants must receive at least 50% of the total points available to be considered for funding (i.e., qualified applicants). See Rating Factors, page 15.

Match Requirement
The Prop 64 PH&S Grant Program does not require matching and/or leveraged funds.

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.

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Supplanting is strictly prohibited for all BSCC grants. BSCC grant funds shall be used to support new program activities or to augment existing funds which expand current program activities. BSCC grant funds shall not be used to replace existing funds.

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.

In addition to quarterly progress reports (QPRs), projects selected for funding will be required to submit to the BSCC: (1) a Local Evaluation Plan and (2) a Local Evaluation Report.

Local Evaluation Plan - The purpose of the Local Evaluation Plan (LEP) is to ensure that 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 relation 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. See Appendix I for a sample of evaluation components.

Local Evaluation Report - Following project completion, grantees are required to complete a final Local Evaluation Report (LER) which must be in a format prescribed by the BSCC. The purpose of the final LER is to determine whether the overall project was effective in meeting the goals laid out in the LEP. To do this, the grantee must assess and document the effectiveness of the activities that were implemented. These activities should have been identified in the previously submitted LEP. More detailed instructions on the LER will be made available to successful applicants.

Applicants are strongly encouraged to identify research partners early on and include them in the development of the proposal, to better ensure that 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. Evaluation planning, oversight, and rep orting activities may be funded by the Prop 64 PH&S Grant Program monies and should be identified within the applicant¶s proposed budget.

Project Evaluation Requirements

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BSCC Executive Steering Committee Process

Prop 64 PH&S Grant Program Executive Steering Committee To ensure successful program design and implementation, the BSCC uses Executive Steering Committees (ESCs) and Advisory Groups to inform decision-making related to the Board¶s programs. These committees are composed of subject matter experts and stakeholders representing both the public and private sectors. The BSCC makes every attempt to include diverse representation on its ESCs and Advisory Groups - 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. The Board then approves, rejects, or revises those recommendations. Members of ESCs are not paid for their time but are reimbursed for travel expenses incurred to attend meetings.

The Prop 64 PH&S Grant Program ESC included subject matter experts on education, public health and safety, environmental impacts, law enforcement, fire protection, cannabis licensing and cultivation, substance use, mental health, and the criminal and juvenile justice systems. A list of ESC members can be found in Appendix J.

Prop 64 PH&S Grant Program Scoring Panel
The BSCC will be using a Scoring Panel process to complete the reading and rating of proposals, and to develop scoring recommendations for the BSCC Board.

Conflicts of Interest
Existing law prohibits any grantee, subgrantee, partner, or like party who participated on the above referenced Prop 64 PH&S Grant Program Scoring Panel from receiving funds from the grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Prop 64 PH&S Grant Program Scoring Panel membership roster and ensuring that no grant dollars are passed through to any entity represented by any member of the Scoring Panel. Scoring Panel membership will be posted to the BSCC website no later than January 2023.

Overview of the RFP Process

Confirmation of Receipt of Proposal
Within 2 hours of submission of a proposal, applicants will receive a confirmation response from the BSCC stating the proposal has been received.

Disqualification ± PLEASE READ THOROUGHLY
³Disqualification´ means the proposal will not move forward to the Scoring Panel for the Proposal Rating Process and, therefore, will NOT be considered for funding under this grant.

The following will result in a disqualification:
x The applicant is not a county or a city in California. x The applicant does not meet the eligibility criteria for the Prop 64 PH&S Grant funding (see Eligibility for Funding, page 4).

PART I, Page | 15
x The funding request for the application is more than $3 million. x The complete proposal package was not submitted using the BSCC-Submittable Application process as provided within the instructions on page 3. x A complete proposal package, including all required uploaded documents, is not received by 5:00 p.m. on Friday, December 2, 2022.
o Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement± completed and signed
o Criteria for Non-Governmental Organizations Receiving Prop 64 PH&S Grant Funds± completed and signed
o Letter of Eligibility- completed and signed
o Letter(s) of Commitment
o Project Work Plan
Rating Process
Unless disqualified, proposals will advance to the Proposal Rating Process. The Prop 64 PH&S Grant Program, Cohort 3 Scoring Panel members will read and rate each proposal in accordance with the prescribed rating factors listed in the table below.

The Scoring Panel members will base their scores on how well an applicant addresses the items listed under each rating factor within the Proposa l Narrative and Budget.

Scoring Panel 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 April 13, 2023. Applicants and partners are not to contact members of the Scoring Panel nor the BSCC Board to discuss proposals.

Rating Factors
The Rating Factors to be used and the maximum points assigned to each factor are shown in the table below. Applicants are asked to address each of these factors as a part of their proposal. The ESC assigned a percent value to each of the Rating Factors, correlating to its importance (see Percent of Total Value column).

Prop 64 PH&S Grant Program Rating Factors and Point Values

Rating Factors Point
Range
Percent of
Total Value
Weighted Rating
Factor Score
1 Project Need 0 - 5 25% 50
2 Project Description 0 - 5 50% 100
3 Project Evaluation 0 - 5 15% 30
4 Project Budget 0 - 5 10% 20
Maximum Rating Factor Score: 100% 200

PART I, Page | 16

Raters will score an applicant¶s response in each of the Rating Factor categories on a scale of 0-5, according to the Sample Scoring Rubric shown below. Each rating factor score is then weighted according to the ³Percent of Total Value´ column (determined by the ESC) associated with each Rating Factor to arrive at the final Weighted Score for each Rating Factor and then added together for a final overall proposal score.

Threshold/Minimum Score
A proposal must meet a threshold of 50%, or minimum score of 100 total points to be considered for funding. Total points equal the weighted score plus preference points.

Scoring Rubric for 0-5 Point Range

PART II, Page | 17

The following section contains pertinent information on how to complete the Request for Proposal (RFP) package for the Prop 64 PH&S Grant Program, Cohort 3. Instructions for submission via the BSCC-Submittable Application portal are on page 3 of this document.

x Proposal Abstract

x Proposal Narrative Section

1. Project Need

2. Project Description and Project Work Plan (upload attachment)

3. Project Evaluation

x Project Budget Table and Budget Narrative (upload attachment)

x Additional Request for Proposals Information, optional (upload attachment)

x Required RFP Attachments (upload attachments)

1. Letter of Eligibility

2. Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement

3. Criteria for Non-Governmental Organizations Receiving Prop 64 PH&S Grant Funds

4. Letter(s) of Commitment ± Sample

5. Governing Board Resolution ± Sample (optional; not required for proposal submission)

PART II: PROPOSAL INSTRUCTIONS AND RATING FACTORS

PART II, Page | 18

Instructions: The Proposal Abstract should provide a brief summary of the proposed project. This section will not be included in the rating of the Proposal.

The Proposal Narrative must address the Project Need, Project Description, and Project Evaluation sections. Sources cited must be included within Proposal Narrative or may be referenced within the optional RFP- Additional Information attachment (uploaded attachment).

It is up to the applicant to determine how best to use the 28,000 character limit in addressing each RFP section. Character limits include all letters/numbers, punctuation, and spaces.

Within each narrative section, address the following items in a cohesive, comprehensive, and concise narrative format.

Rating Criteria for Project Need
Percent of Total Value: 25%

Address the rating factor for Project Need in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Project Need: The applicant articulated a need that is pertinent to the intent of the grant program. The elements that are to comprise the Project 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 is to be evaluated.

1.1 Describe the need(s) related to the impact of the passage of Proposition 64.

1.2a Demonstrate how the need(s) is related to Project Purpose Area (PPA) 1 - Youth Development/Youth Prevention and Intervention.

1.2b Demonstrate how the need(s) is related to other PPA(s) selected (if applicable).

1.3 Provide local service gaps that contribute to the need for the proposed Proposition 64 project are identified.

1.4 Provide relevant local qualitative and/or quantitative data with citations in support of the Prop 64 PH&S project need(s).

1.5 Describe the process that was used to determine the need(s), including soliciting input from key stakeholders (e.g., community, public, private).

Proposal Abstract
Proposal Narrative

PART II, Page | 19

Rating Criteria for Project Description
Percent of Total Value: 50%

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 identified need and the intent of the grant program. The elements that are to 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 th e quality of the response to each that is to be evaluated.

2.1 Describe the proposed project that will address the need(s) discussed in the Project Needs section. The description should:
x Describe the components of the proposed project that links to each PPA, as applicable.
x Describe the target area and/or population which will be the focus of the project, including how and why it was selected.
x If applicable, provide an estimate of how many individuals will be served and the process for determining which services/activities an individual/group will receive.

2.2 Describe the proposed Proposition 64 project goals and objectives and the impact that includes the relationship to the need and intent of the Proposition 64 Grant. x Provide a completed Work Plan (Appendix L- Sample) that is appropriate for the proposed project and aligns with the need and intent of the Proposition 64 Grant.

The plan identifies the top three goals and objectives and how these will be achieved in terms of the activities, responsible staff/partner agencies, outcome measures, data sources and start and end dates. The work plan addresses selected PPAs (as applicable) that are related to the need and intent of the grant.

2.3 Provide rationale for the proposed Proposition 64 project which includes:
x The selection of evidence -based, promising, informed, or innovative practices, interventions, and services.
x A description of relevant evidence or research to support the select ion of the proposed program for the target population and the community.

2.4 Describe the extent to which the proposed project will utilize existing resources or projects.

2.5 Describe the experience, staffing, and/or partnerships your organization will use to implement the proposed project [include partners¶ Letter(s) of Commitment, if applicable]. If partners are to be selected after the grant is awarded, then specify the process and criteria for selecting those partners.

2.6 Provide a Project Work Plan (Appendix L- Sample) that:
x Identifies the project¶s goals and measurable objectives (see Appendix A for definitions) that addresses identified PPAs (as applicable) that are related to the need and intent of the grant.
x Identifies how the goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates.
x Is appropriate to the proposed project.

PART II, Page | 20

Rating Criteria for Project Evaluation
Percent of Total Value: 15%

Address the rating factor for Project 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: The applicant described how it will evaluate the effectiveness of the proposed project. The elements that are to comprise the Project Evaluation 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 is to be evaluated.

3.1 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 (e.g., start-up, implementation, service delivery period).

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

3.3 Describe the preliminary plan for monitoring the project to ensure that the project components are implemented as intended.

3.4 Describe the preliminary plan for how to collect and evaluate baseline and outcome data related to the process and outcome measures identified in 3.2.

Describe a plan for entering into data sharing agreements, if necessary.

3.5 Describe the research design or methodology that will allow for an assessment of whether the strategy implemented achieved the intended outcomes.

Proposal Budget

Rating Criteria for Project Budget
Percent of Total Value: 10%

Address the rating factor for Project Budget in narrative form as defined below. The response will be evaluated with a single rating based on a scale of 0-5.

Project Budget: The applicant provided budget information for the proposed project. The elements that are to comprise the Project Budget 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 is to be evaluated.

4.1 Provide a complete Budget Table as appropriate for the proposed project.

4.2 Provide budget narrative that
x explains and supports each identified expense.
x justifies expenses as appropriate for the project¶s goals and planned activities within the selected PPA(s), as applicable.

PART II, Page | 21

The Budget Attachment sections must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Section. All project costs must be directly related to the objectives and activities of the project demonstrating how the funds will be used to address the local need(s) due to the impact of legalizing cannabis in California. The Budget Table must cover the entire five (5) year grant period. Estimates beyond Year 1 of the grant are acceptable. The Proposal Budget and Budget Narrative document must be uploaded into the BSCC-Submittable Application when prompted.

For additional guidance related to grant budgets, refer to the July 2020 BSCC Grant Administration Guide, found under Quick Links on the Corrections Planning and Grant Programs home page: http://www.bscc.ca.gov/s_correctionsplanningandprograms/

Additional RFP Information

Applicants may include a maximum of two (2) additional numbered pages to the Proposal Package. This document may only include endnotes, tables, charts, graphs and/or graphics, must be cited/referenced within the Proposal Narrative, must directly support the Proposal Narrative, and be legible. This document will be optional and can be uploaded into the BSCC-Submittable Application when prompted. If more than two (2) pages are submitted, only the first two (2) pages will go forward to the raters.

PART II, Page | 22

RFP Mandatory Documents

The following documents must be uploaded in the BSCC-Submittable application when prompted.

Letter(s) of Commitment
Applicants must include at least one (1) Letter of Commitment as part of the application package. A Letter(s) of Commitment should express, not only support for the proposed project, but also the author¶s specific commitment toward ensuring the overall success of the project. There is no required format for the Letter(s) of Commitment; however, each letter must:
9 be on the collaborating partner organi]ation¶s letterhead 9 detail the roles and responsibilities of the partnering agency within the Prop 64 PH&S Grant Program, Cohort 3.

Letter of Eligibility
Applicants must provide a Letter of Eligibility detailing how the county or city meets the eligibility criteria (page 4), There is no required format for the Letter of Eligibility. An applicant may use the fillable form provided online or may create it own (see Appendix B in this document as a sample). However, if an applicant creates its own letter, it must:
9 Be on the county or city letterhead
9 Include the titles of the regulations, ordinances, or amendments to local government charters
9 Include the dates the regulations, ordinances, or amendments to local government charters became enacted/effective

Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement
Please see Appendix F as a sample. This form is available online and must be completed, signed, and uploaded into the BSCC-Submittable application.

Criteria for Non-Governmental Organizations Receiving Prop 64 PH&S Grant Funds Please see Appendix K as a sample. This form is available online and must be completed, signed, and uploaded into the BSCC-Submittable application.

Project Work Plan
Please see Appendix L as a sample. This form is available online and must be completed, signed, and uploaded into the BSCC-Submittable application.

*Governing Board Resolution (Optional)
Please see Appendix E as a sample. An entit\¶s Governing Board¶s Resolution is optional for upload at the time of application.

APPENDICES, Page | 23

APPENDICES

APPENDICES, Page | 24

DEFINITIONS FOR THE PURPOSES OF THE PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT, COHORT 3

Ban
Ban is to prohibit, forbid, or bar by a local government.

For the purposes of this RFP, if both cultivation activities below are true, the local government is ineligible for Prop 64 PH&S funding:

Ban Cultivation
9 All indoor commercial cultivation (including mixed light cultivation) 9 All outdoor commercial cultivation

NOTE: Cultivation of cannabis is not considered banned by a local government if the local government restricts cultivation activities to specific locations pursuant to local zoning ordinances or if the local government requires licensure for specific commercial cultivation activities provided that such restrictions do not result in the prohibition of all indoor commercial cannabis cultivation, and all outdoor commercial cannabis cultivation, within the local government¶s jurisdiction/authorit\.

For the purposes of this RFP, if either of the retail sale activities below are true, the local government is ineligible for Prop 64 PH&S funding:

Ban Retail Sale
9 Prohibiting establishment of business licensed under Division 10 of the Business and Professions Code
9 Prohibiting operation of businesses licensed under Division 10 of the Business and Professions Code

NOTE: Retail sale of cannabis is not considered banned by a local government if the local government restricts the retail sale of cannabis to specific locations pursuant to local zoning ordinances, or if the local government requires licensure for specific retail sales activities provided that such restrictions do not result in the prohibition of all retail sales in the local government¶s jurisdiction/authorit\.

Community-Based Organization
A community-based organization (CBO) is a nongovernmental organization that provides services to a community consisting of individuals, groups, or other organizations that constitute the local or community service population. In the context of the Prop 64 PH&S Grant Program, a CBO is generally considered to be a non -government, non-law enforcement organization that provides services individuals that are at risk of involvement or already involved with the justice system. In this RFP, CBOs and nonprofit organizations are referred to as NGOs or Non-Governmental Organizations.

APPENDIX A
Glossary of Terms ± Prop 64 PH&S Grant, Cohort 3

APPENDICES, Page | 25
Community-Driven
Community-driven practices are programs and strategies that are derived from the traditional practices of a particular racial, ethnic, or cultural community and have been determined effective by the community.

Cultural Relevance
Cultural relevance acknowledges the influence of the youth¶s identit\ characteristics on the youth¶s experience of the world and incorporates perspectives into the program¶s environment. These identity characteristics include racial/ethnic, gender, class, religion, educational, sexual orientation, gender identity, family heritage, disability, and any other identity the youth communicates as important.

Every grantee and sub-grantee/sub-recipient that receives Prop 64 PH&S Grant funds should utilize programs, practices, and approaches that embed cultural relevancy.

Developmentally Appropriate
A service or intervention may be considered developmentally appropriate if it is based on a child¶s level of need, or developmental stage, rather than the child¶s chronological age.

Evidence-based / Promising Practices
Evidence-based practices are programs and strategies that have been found effective at improving positive or preventing negative health outcomes, using rigorous scientific research methods. Programs and strategies may be evidence -based across all populations, or only for particular cultures and identities.

Promising practices are programs and strategies that have shown some positive results and potential for improving desired health outcomes. They may have evidence from use in real-world settings, a strong theoretical framework, and/or expert opinion, but have not been fully replicated in scientific studies. Depending on the level of scientific evidence, these are sometimes referred to as ³evidence -informed,´ "research-supported," or ³emerging´ practices.

Applicants may find it helpful to review the information on evidence-based practices in Appendix C of this RFP as well as in the Substance Abuse and Mental Health Services Administration¶s (SAMHSA) Guide to Evidence-Based Practices available at:
https://www.samhsa.gov/ebp-resource-center.

Financial Audit
A financial audit provides assurances that an organi]ation¶s financial statements are free of material misstatement based upon the application of generally accepted accounting principles.

Mixed Light Cultivation
Mixed light cultivation occurs within a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure and uses a combination of natural and supplemental artificial lighting.

Service Need Determination
In considering whether to provide diversion services to potential program participants, service providers receiving funding under this grant must use an approach that is trauma-

APPENDICES, Page | 26
informed, culturally relevant and developmentally appropriate. Approaches could include, but are not limited to, surveys or interviews. Applicants must thoroughly explain and justify their proposed approach for deciding which youth will be selected or chosen for program participation. Every applicant must identify some methodology for determining whether a potential program participant would benefit from services and how youth will be matched with specific services that provide those benefits.

Trauma
Trauma is an experience that causes intense physical and psychological stress reactions.

It can refer to a single event, multiple events, or a set of circumstances that is experienced by an individual as physically and emotionally harmful or threatening and that has lasting adverse effects on the individual¶s ph\sical, social, emotional, cognitive, or spiritual well- being.

Trauma-Informed
A Trauma-Informed approach is one in which all parties involved recognize and respond appropriately to the impact of traumatic stress designed to the youth's individual needs and ensure the physical and psychological safety of all youth, family members, and staff.

Trauma-informed care is an organizational structure and system framework that involves understanding, recognizing, and responding to traumatic stress reactions and the effects of all types of trauma. Trauma-informed care also emphasizes raising awareness and providing resources about trauma and the impact of trauma on youth, family members and staff.

Youth
Youth is defined as under the age of 21 (i.e., individuals not of legal age to use and purchase cannabis products).

EVALUATIVE TERMS

Local Evaluation Plan and Local Evaluation Report1
The purpose of the Local Evaluation Plan and the Local Evaluation Report is to identify whether the program achieved its goals and objectives. Outcome measures are designed to answer the question: ³What results did the program produce?´ Examples of outcome measures could include:
x Results of pre/post surveys (e.g., improvements in the number of high school graduates or reductions in law enforcement contacts).
x Implementation of programs aimed at increasing the number of youth enrolled in mentoring programs.
x Changes in policies that improve access to alcohol and substance use prevention services for youth.

1Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 7. Retrieved from http://www.jrsa.org/pubs/juv-justice/program-evaluation.pdf.

APPENDICES, Page | 27
Goal versus Objective
Goals and objectives are necessary components of the Local Evaluation Plan and the Project Work Plan. These common terms are 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 program2.

Examples of goal statements3:

x To reduce the number of youths who commit serious offenses. x To reduce the number of youths who exhibit a pattern of chronic offending. x To divert youth who commit nonviolent offenses from state juvenile correctional institutions.
x To restore the losses suffered by the victims of crimes. x To make improvements in academic behavior and/or achievement. x To reduce rates of youth substance use in the target area.

Objectives are statements of specific, measurable aims of program activities. Objectives detail the tasks that must be completed to achieve goals. Descriptions of objectives in the proposals should include three elements:4

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:5
x By the end of the program, drug -addicted youth will recognize the long-term consequences of drug use.
x To place eligible youth in an intensive supervision program within two weeks of adjudication to ensure their accountability and the community¶s safety. x To ensure the youth in this program carry out all the terms of the mediation agreements they have worked out with their victims by program completion. x To improve the self-discipline and study habits of youth enrolled.

2 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition). Retrieved from http://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.
3 Id. at p. 4.
4 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 5. Retrieved from http://www.jrsa.org/pubs/juv- justice/program-evaluation.pdf.
5 Id.

APPENDICES, Page | 28
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.6 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 effective programs. Through the work of numerous scholars (Andrews et al., 19907; Cullen and Gendreau, 20008; Lipsey 19999), several ³principles of effective intervention´ have been identified. These principles can be briefly categorized as the following:

x Assess Risk/Needs
x Enhance Intrinsic Motivation
x Target Interventions
o Risk Principle
o Needs Principle
o Responsivity Principle
o Dosage
o Treatment Principle
x Skill Train with Directed Practice
x Increase Positive Reinforcement
x Engage Ongoing Support in Natural Communities
x Measure Relevant Processes/Practices
x Provide Measurement Feedback

TERMS DEFINED BY THE PROPOSITION 64 INITIATIVE

Cannabis means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

Cannabis accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. (Health & Saf. Code, § 11018.2.)

6 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. 7 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.
8 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. 9 Lipsey, M.W. 1999. Can intervention rehabilitate serious delinquents? The Annuals of the American Academy of Political and Social Science, 564(2):142-166.

APPENDICES, Page | 29
Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. (Health & Saf. Code, § 11018.1.)

Commercial marijuana activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products as provided for in this division.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

Delivery means the commercial transfer of marijuana or marijuana products to a customer.

Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities licensed pursuant to this division.

License means a state license issued under Section 26001 of the Business and Professions Code.

Licensee means any person or entity holding a license under Section 26001 of the Business and Professions Code.

Licensing authority means the state agency responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take di sciplinary action against the licensee.

Local government (jurisdiction) means a city, county, or city and county.

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

Manufacturer means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirec tly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or re-labels its container, that holds a state license pursuant to this division.

Marijuana has the same meaning as Cannabis (see above).

Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana.

APPENDICES, Page | 30
Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of marijuana or marijuana products.

Package means any container or receptacle used for holding marijuana or marijuana products.

Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining marijuana or marijuana products.

Sell, sale, and to sell includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

APPENDICES, Page | 31

Before grants can be awarded funds and receive an executed contract under the Proposition 64 Public Health and Safety Grant Program, Cohort 3, the applying local jurisdiction (and all jurisdictions within a collaborative proposal) must assure they do not ban the following activities. Below is sample assurance language that, at a minimum, must be included in the Letter of Eligibility submitted to the Board of State and Community Corrections. Applicants may use the form provided by the BSCC or create their own.

However, Appendix B must be uploaded as part of the Proposition 64 Public Health and Safety Grant Program, Cohort 3 application through Submittable.

As an applicant, our jurisdiction(s) does not ban (i.e., prohibit, forbid, or bar):

☐ All indoor commercial cannabis cultivation (including mixed light cultivation) Regulation(s), ordinance(s), and or amendment(s) to our local government charter(s) that ensure the above are true - <provide information including enacted/effective date(s)>.

☐ All outdoor commercial cannabis cultivation
Regulation(s), ordinance(s), and or amendment(s) to our local government charter(s) that ensure the above are true - <provide information including enacted/effective date(s)>.

☐ Establishment of business(es) licensed under Division 10 of the Business and Professions Code
Regulation(s), ordinance(s), and or amendment(s) to our local government charter(s) that ensure the above are true - <provide information including enacted/effective date(s)>.

☐ Operation of businesses licensed under Division 10 of the Business and Professions Code
Regulation(s), ordinance(s), and or amendment(s) to our local government charter(s) that ensure the above are true - <provide information including enacted/effective date(s)>.

Documentation detailed above will be provided to the BSCC upon request.

APPENDIX B
SAMPLE: Letter of Eligibility

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

NAME OF AUTHORIZED OFFICER
TITLE

STREET ADDRESS
CITY

STATE

ZIP CODE

TELEPHONE NUMBER

EMAIL ADDRESS

AUTHORIZED OFFICER SIGNATURE (Blue Ink Only or E-signature) DATE X

APPENDICES, Page | 32

The websites provided below may be useful to applicants in the proposal development process. This list is not exhaustive, and it is offered as a suggested starting point for applicants to use in researching evidence-based programs, practices, and strategies.

Blueprints for Violence Prevention
http://www.colorado.edu/cspv/blueprints/index.html

Board of State and Community Corrections
http://www.bscc.ca.gov/s_web-basedresourcesonevidence-basedpractices/

California Institute of Behavioral Health Solutions
http://www.cibhs.org/evidence-based-practices-0

Coalition for Evidence-Based Policy
http://evidencebasedprograms.org/

CrimeSolutions.gov
http://www.crimesolutions.gov/

Evaluating Drug Control and System Improvement Projects Guidelines for Project Supported by the Bureau of Justice Assistance https://www.bja.gov/evaluation/guide/documents/nijguide.html

Justice Research and Statistic Association
http://www.jrsa.org/

National Child Traumatic Stress Network
https://www.NCTSN.Org

National Criminal Justice Reference Service (NCJRS)
³Preventing and Reducing Youth Crime and Violence: Using Evidence-Based Practice.´ A report prepared b\ Peter Greenwood, Ph.D., for the California Governor¶s Office of Gang and Youth Violence Policy, 2010.
https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=255934

National Institute of Corrections
http://nicic.gov/Library/

National Reentry Resource Center
http://nationalreentryresourcecenter.org/

Office of Justice Programs ± Crime Solutions.gov
http://www.CrimeSolutions.gov

APPENDIX C
Evidence-Based Resources

APPENDICES, Page | 33
Office of Juvenile Justice and Delinquency Prevention Model Program Guide http://www.ojjdp.gov/mpg/

Promising Practices Network
http://www.promisingpractices.net/

Reducing Recidivism to Increase Public Safety: A Cooperative Effort by Courts and Probation Hon, J. Richard Couzens, Placer County Superior Court (Ret.) http://www.courts.ca.gov/documents/EVIDENCE-BASED-PRACTICES-Summary-6-27-

11.pdf

Substance Abuse and Mental Health Services Administration https://www.samhsa.gov/ebp-resource-center

The National Documentation Centre on Drug Use
http://www.drugsandalcohol.ie/3820//

Washington State Institute for Public Policy
http://www.wsipp.wa.gov/

APPENDICES, Page | 34

STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC XXX-23

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

GRANTEE NAME

2. The term of this Agreement is:

START DATE
MAY 1, 2023

THROUGH END DATE
OCTOBER 31, 2028

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

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 5
Attachment 1* Proposition 64 Public Health & Safety (Prop 64 PH&S) Grant Request for Proposals, Cohort 3 *xx Attachment 2 Prop 64 PH&S Grant Proposal xx
Appendix A

Prop 64 PH&S Scoring Panel 1
Appendix B: Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: xxxxxxxxx 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

PRINTED NAME OF PERSON SIGNING TITLE

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

"

APPENDIX D
SAMPLE: Grant Agreement

Name of Grantee
BSCC XXX-23

EXHIBIT A: SCOPE OF WORK

APPENDICES, Page | 35

1. GRANT AGREEMENT ± PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and ___________________________________ (hereafter referred to as the Grantee).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Fiscal Years 2020-21 and 2021-22 State Budgets includes funding in the amount of $150,000,000 million for local assistance grants for the Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program, Cohort 3, to be administered by the Board of State and Community Corrections (BSCC).

The purpose of this grant program is to fund projects that assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).

B. Grantee agrees to administer the project in accordance with Attachment 1: Prop 64 PH&S Grant Program, Cohort 3 Request for Proposals (incorporated by reference) and Attachment 2: Grant Proposal, which are attached and hereto a nd 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:

Title:

Address:

Phone:

Designated Financial Officer authorized to receive warrants:

Name:

Title:

Address:

Phone:

Email:

Project Director authorized to administer the project:

Name:

Title:

Address:

Phone:

Email:

Name of Grantee
BSCC XXX-23

EXHIBIT A: SCOPE OF WORK

APPENDICES, Page | 36
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/she/they have full legal authority to bind the entity for which they sign.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Prop 64 PH&S Grant Program, Cohort 3 Request for Proposals and Attachment 2: Grant Proposal.

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

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

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

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

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

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

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

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

9. April 1, 2025 to June 30, 2025 August 15, 2025

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

11. October 1, 2025 to December 31, 2025 February 15, 2026

12. January 1, 2026 to March 31, 2026 May 15, 2026

13. April 1, 2026 to June 30, 2026 August 15, 2026

14. July 1, 2026 to September 30, 2026 November 15, 2026

15. October 1, 2026 to December 31, 2026 February 15, 2027

16. January 1, 2027 to March 31, 2027 May 15, 2027

17. April 1, 2027 to June 30, 2027 August 15, 2027

18. July 1, 2027 to September 30, 2027 November 15, 2027

19. October 1, 2027 to December 31, 2027 February 15, 2028

20. January 1, 2028 to March 31, 2028 May 15, 2028

21. April 1, 2028 to April 30, 2028 June 15, 2028

Note: Project activity period ends April 30, 2028. The period of May 1, 2028 to October 31, 2028 is for completion of Final Local Evaluation Report and the financial audit only.

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan August 1, 2023

2. Final Local Evaluation Report October 31, 2028

C. Other Due no later than:

Financial Audit October 31, 2028

Name of Grantee
BSCC XXX-23

EXHIBIT A: SCOPE OF WORK

APPENDICES, Page | 37

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 awa\ 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 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 Prop 64 PH&S Scoring Panel (See Contract Appendix A) from receiving funds from the Prop 64 PH&S Cohort 3 grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Prop 64 PH&S Scoring Panel membership roster (see Contract Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Prop 64 PH&S Scoring Panel.

B. In cases of an actual conflict of interest with a Scoring Panel 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.

Name of Grantee
BSCC XXX-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
APPENDICES, Page | 38

1. INVOICING AND PAYMENTS
A. 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. May 1, 2023 to June 30, 2023 August 15, 2023

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

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

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

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

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

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

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

9. April 1, 2025 to June 30, 2025 August 15, 2025

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

11. October 1, 2025 to December 31, 2025 February 15, 2026

12. January 1, 2026 to March 31, 2026 May 15, 2026

13. April 1, 2026 to June 30, 2026 August 15, 2026

14. July 1, 2026 to September 30, 2026 November 15, 2026

15. October 1, 2026 to December 31, 2026 February 15, 2027

16. January 1, 2027 to March 31, 2027 May 15, 2027

17. April 1, 2027 to June 30, 2027 August 15, 2027

18. July 1, 2027 to September 30, 2027 November 15, 2027

19. October 1, 2027 to December 31, 2027 February 15, 2028

20. January 1, 2028 to March 31, 2028 May 15, 2028

21. April 1, 2028 to April 30, 2028 June 15, 2028

Final Invoicing Periods*: Due no later than:

1. May 1, 2028 to June 30, 2028 August 15, 2028

2. July 1, 2028 to October 31, 2028 December 15, 2028 *Note: Only expenditures associated with completion of the Final Local Evaluation Report and the financial audit may be included on these last two invoices.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) must be incurred by the end of the grant project period, April 30, 2028, and included on the invoice due June 15, 2028. Project expenditures incurred after April 30, 2028 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by October 31, 2028. Expenditures incurred solely for the completion of the Final Local Evaluation Report during the period of May 1. 2028 to October 31, 2028 must be submitted on the invoice due December 15, 2028.

Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with your final invoice due no later than December 15, 2028.

D. The financial audit is due to BSCC by October 31, 2028. Expenditures incurred solely for the completion of the financial audit during the period of May 1. 2028 to October 31, 2028 must be submitted on the invoice due December 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with your final invoice due no later than December 15, 2028.

Name of Grantee
BSCC XXX-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
APPENDICES, Page | 39
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

F. 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 and enforceable only if sufficient funds are made available through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account. On or before July 15th of each fiscal year, the State Controller shall deposit funds derived from Proposition 64 taxes into the State and Local Government Law Enforcement Account pursuant to amended Revenue and Taxation Code section 34019, subdivision (f)(3). The grantee agrees that the BSCC¶s obligation to pa\ an\ sum to the grantee under an\ provision of this agreement is contingent upon the availability of sufficient funding made available to the BSCC pursuant to amended Revenue and Taxation Code section 34019, subdivision (f)(3)(C).

B. If Prop 64 PH&S funding is reduced or falls below estimates contained within the Prop 64 PH&S Request for Proposals, Cohort 3, 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. ³Eligible´ and ³ineligible´ project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
http://www.bscc.ca.gov/s_correctionsplanningandprograms.php

Name of Grantee
BSCC XXX-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
APPENDICES, Page | 40
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.

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.

Name of Grantee
BSCC XXX-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
APPENDICES, Page | 41

7. PROJECT BUDGET

PROPOSED BUDGET

LINE ITEMS
GRANT
FUNDS

REQUESTED

1. Salaries and Benefits $

2. Services and Supplies $

3. Professional Services $

4. Non-Governmental Organizations
(NGO) Contracts
$

5. Equipment / Fixed Assets $

6. Data Collection / Enhancement $

7. Program Evaluation $

8. Sustainability Planning $

9. Other (include travel & training costs) $

10. Financial Audit $

11. Indirect Costs / Administrative
Overhead

TOTAL $

Name of Grantee
BSCC XXX-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
APPENDICES, Page | 42

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, 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 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 den\ the contract¶s benefits to an\ person on the basis of race, religious

Name of Grantee
BSCC XXX-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
APPENDICES, Page | 43
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 milita ry 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 n ormal 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 (http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx) 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

Name of Grantee
BSCC XXX-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
APPENDICES, Page | 44
Professions Code), arising from purchases of goods, materials, or services by the bidder for sale 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

Name of Grantee
BSCC XXX-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
APPENDICES, Page | 45
performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) 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 an\ article or product as a ³loss leader´ as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

Name of Grantee
BSCC XXX-23
Page x of x

EXHIBIT D

SAMPLE - SPECIAL TERMS AND CONDITIONS

APPENDICES, Page | 46

1. GRANTEE¶S GENERAL RESPONSIBILITY
A. 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 responsibilit\.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Prop 64 PH&S Grant Program, Cohort 3 Request for Proposals and Attachment 2: Grant Proposal/Application for Funding.

C. 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: Prop 64 PH&S Grant Program, Cohort 3 Request for Proposal and Attachment 2: Grant Proposal/Application for Funding, 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 an\ inconsistenc\ 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 Prop 64 PH&S Grant Program, Cohort 3 RFP and described in Contract 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:

Name of Grantee
BSCC XXX-23
Page x of x

EXHIBIT D

SAMPLE - SPECIAL TERMS AND CONDITIONS

APPENDICES, Page | 47
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor¶s work on the project in accordance with generall\ 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 prog ram 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 within no later than the end of the contract term (October 31, 2028). 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 count\ or cit\¶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. 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

Name of Grantee
BSCC XXX-23
Page x of x

EXHIBIT D

SAMPLE - SPECIAL TERMS AND CONDITIONS

APPENDICES, Page | 48
program components contained in the Application for Funding. Changes shall not be implemented by the project until authorized by the BSCC.

7. 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: Prop 64 PH&S Request for Proposal/Application for Funding, 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.

8. 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 Grant Agreement. Grantee¶s written demand shall be full\ supported b\ factual information.

The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 da\s after receipt of Grantee¶s written demand invoking this Section ³Disputes´ 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 perf ormance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

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

Name of Grantee
BSCC XXX-23
Page x of x

EXHIBIT D

SAMPLE - SPECIAL TERMS AND CONDITIONS

APPENDICES, Page | 49
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 da\s 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.

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

APPENDICES, Page | 50

Before grant funds can be reimbursed, a grantee must either (1) submit a resolution from its Governing Board that delegates authority to the individual authorized to execute the grant agreement or (2) provide sufficient documentation indicating that the prospective grantee has been vested with plenary authority to execute grant agreements (e.g., a City Council or County Board of Supervisors delegating such authority to an Agency head).

Below is assurance language that, at a minimum, must be included in the resolution submitted to the Board of State and Community Corrections.

WHEREAS the (insert name of Local Government) desires to participate in the Proposition 64 Public Health and Safety Grant Program funded through the California State and Local Government Law Enforcement Account 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 Local Government) agrees to 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: ___________________________________________________

APPENDIX E
SAMPLE: Governing Board Resolution

APPENDICES, Page | 51

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.

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 su pporting 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 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

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

AUTHORIZED OFFICER SIGNATURE ((Blue Ink Only or E-signature)) DATE X

APPENDIX F
Certification of Compliance with BSCC Policies
Regarding Debarment, Fraud, Theft, and Embezzlement

APPENDICES, Page | 52

APPENDIX G
SAMPLE: BSCC Comprehensive Monitoring Visit Tool

Corrections Planning and Grant Programs Division

COMPREHENSIVE MONITORING VISIT (CMV) TOOL
SAMPLE

Grantee: Award Year: 1 ☐ 2 ☐ 3 ☐ 4 ☐
(as applicable)
Grant Program: Federal Funds: ☐ State Funds: ☐
Contract Number: Grant Amount:

Project Title:

Project Director: Financial Officer:

Project Director Phone: Financial Officer Phone:

Project Director E-Mail: Financial Officer E-mail:

Field Representative: Date of Visit:

Persons Interviewed During the Monitoring (Name, Title, Agency):

Project Sites Visited (Name, Address):

Project Summary:

APPENDICES, Page | 53

I. ADMINISTRATIVE REVIEW

1. Executed Agreement
The Grantee has a copy of the fully executed Standard Agreement in the official file (e-file is acceptable). Yes ☐ No ☐

2. BSCC Grant Administration Guide
The Grantee has a copy of the BSCC Grant Administration Guide readily available, and staff know how to use it (e-file is acceptable). Yes ☐ No ☐

3. Organizational Chart
The Grantee has a current organizational chart for the department/unit/section responsible for programmatic oversight of the grant. Yes ☐ No ☐

4. Duty Statements
The Grantee maintains duty statements for grant-funded staff that list specific activities related to the grant. Note: Standard job classifications usually are not acceptable, unless the position was created specifically for the grant. Yes ☐ No ☐

5. Timesheets
5a. The Grantee maintains timesheets on all staff charged to the grant. Note:

Estimates and/or percentages are not acceptable.

Yes ☐ No ☐
5b. The Grantee maintains functional timesheets or conducts time studies for split- funded positions.

Note: Estimates and/or percentages are not acceptable. Yes ☐ No ☐ N/A ☐

6. Staff Positions
All authorized positions are filled and performing grant-related duties.

Yes ☐ No ☐
If no, list all unfilled positions and explanations for vacancies in the Administrative Review Comments section.

7. Anticipated Changes
Are there any anticipated changes to staff or the project? Yes ☐ No ☐ If yes, explain in the Administrative Review Comments section.

8. Subcontracts
8a. Does this grant provide for subcontracted services? Yes ☐ No ☐ If yes, list subcontracts awarded in the Administrative Review Comments section.

8b. Copies of the subcontract awards are contained within the official project file.

Yes ☐ No ☐ N/A ☐

APPENDICES, Page | 54

8c. Subcontracts contain the required language from the BSCC contract (e.g., access to program and fiscal records, access to facility, access to program participants, Non- Discrimination clause, Civil Rights compliance). Yes ☐ No ☐ N/A ☐

8d. Subcontracts appear to be following conflict of interest laws that prohibit individuals or organizations that participated on the Executive Steering Committee for this grant. Yes ☐ No ☐ N/A ☐

9. Budget Modifications
9a. Copies of project budget modifications are maintained in the official file.

Yes ☐ No ☐ N/A ☐
9b. Were there any substantial modifications made that were not approved by the BSCC? Yes ☐ No ☐
If yes, explain in the Administrative Review Comments section.

10. Fidelity Bond
The Grantee maintains a Fidelity Bond (applicable for non-governmental entities only).

Yes ☐ No ☐ N/A ☐

Field Representative Comments for Administrative Review Section:

Number comments to correspond to the Administrative Review items.

II. CIVIL RIGHTS REVIEW
(for all federal grants; as applicable to state-funded programs)

1. Equal Employment Opportunity Plan
1a. The Grantee has an Equal Employment Opportunity Plan (EEOP) on file for review.

Yes ☐ No ☐
1b. If yes, on what date did the Grantee prepare the EEOP?

2. EEOP Short Form
2a. If applicable: has the Grantee submitted an EEOP Short Form to the Office for Civil Rights (OCR), U.S. Department of Justice (DOJ) (i.e., 50 or more employees and $750,000 or more in federal funds)? Yes ☐ No ☐ N/A ☐

2b. If yes, on what date did the Grantee submit the EEOP Short Form?

APPENDICES, Page | 55

3. Notification to Program Participants
How does the Grantee notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services (e.g., posters, inclusion in program brochures, program materials, etc.)? Explain in Civil Rights Review Comments section.

4. Notification to Employees
How does the Grantee notify employees that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services (e.g., posters, dissemination of relevant orders or policies, recruitment mater ials, etc.)?
Explain in Civil Rights Review Comments section.

5. Complaints
There are written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the grantee with the BSCC or the OCR.

Yes ☐ No ☐ N/A ☐

6. Discrimination on the Basis of Disability
If the Grantee has 50 or more employees and receives DOJ funding of $25,000 or more, has the grantee:

6a. Adopted grievance procedures (for both employees and program participants) that incorporate due process standards and provide for prompt and equitable resolution of complaints alleging a violation of the DOJ regulations which prohibit discrimination on the basis of a disability in employment practices and the delivery of services? Yes ☐ No ☐ N/A ☐

6b. Designated a person to coordinate compliance with prohibitions against disability discrimination? Yes ☐ No ☐ N/A ☐

6c. Notified participants, beneficiaries, employees, applicants, and others that the grantee does not discriminate on the basis of disability? Yes ☐ No ☐ N/A ☐

7. Discrimination on the Basis of Sex
If the Grantee operates an education program or activity, have they taken the following actions?

7a. Adopted grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations which prohibit discrimination on the basis of sex? Yes ☐ No ☐ N/A ☐

7b. Designated a person to coordinate compliance with the prohibitions against sex discrimination? Yes ☐ No ☐ N/A ☐

APPENDICES, Page | 56

7c. Notified applicants for admission and employment, employees, students, parents, and others that the grantee does not discriminate on the basis of sex in its educational programs or activities? Yes ☐ No ☐ N/A ☐

8. Findings
The Grantee has complied with the requirement to submit to the OCR any findings of discrimination against the grantee issued by a federal or state court, or federal or state administering agency, on the grounds of race, color, religion, national origin, or sex.

Yes ☐ No ☐ N/A ☐

9. Limited English Proficiency
What steps have been taken to provide meaningful access to its programs and activities to person who have limited English proficiency (LEP)? Include whether the grantee has developed a written policy on providing language access services to LEP persons.

10. Training
Training is conducted for the Grantee¶s emplo\ees on the requirements under federal civil rights laws. Yes ☐ No ☐ N/A ☐

11. Religious Activities
If the grantee conducts religious activities as part of its program or services, do they:

11a. Provide services to everyone regardless of religion or religious belief? Yes ☐ No ☐ N/A ☐
11b. Ensure it does not use federal funds to conduct inherently religious activities (such as prayer, religious instruction, or attempt to convert participants to another religion) and that such activities are kept separate in time or place from federally - funded activities?
Yes ☐ No ☐ N/A ☐

11c. Ensure participation in religious activities is voluntary for beneficiaries of federally-funded programs? Yes ☐ No ☐ N/A ☐

Field Representative Comments for Civil Rights Review Section:

Number comments to correspond to the Civil Rights Review items.

III. FISCAL REVIEW

1. Budget File
The Grantee maintains an official budget file for the project. Yes ☐ No ☐

2. Fiscal Policies and Procedures
2a. The Grantee maintains written procedures for the fiscal policies related to the grant and they are accessible by grants management staff. Yes ☐ No ☐

APPENDICES, Page | 57

2b. The Grantee can explain its agenc\¶s claims, pa\ments and reimbursement processes as they relate to this grant (i.e., agency checks and balances).

Yes ☐ No ☐

3. Invoices
3a. Financial invoices are current and spending is on track. Yes ☐ No ☐

3b. Copies of the BSCC invoices for reimbursement are within the official file.

Yes ☐ No ☐

3c. The fiscal/accounting records reviewed during the visit contained adequate supporting documentation for all claims on invoices, including match.

Yes ☐ No ☐

3d. Salaries and benefits can be easily tied back to reimbursement invoices.

Yes ☐ No ☐

3e. The Grantee maintains supporting documentation or a calculation methodology for indirect costs or overhead claimed (e.g., an approved Indirect Cost Rate Proposal).

Yes ☐ No ☐ N/A ☐

3f. Expenditures appear to meet contract eligibility, as defined in the BSCC Grant Administration Guide. Yes ☐ No ☐

4. Tracking
4a. BSCC contract funds are deposited into separate fund accounts or coded to distinguish grant funds from other fund sources. Yes ☐ No ☐

4b. The Grantee maintains a tracking system for purchases, including receipts and disbursements, related to the grant program. Yes ☐ No ☐

4c. Tracking reports are reviewed by management and/or program staff.

Yes ☐ No ☐

4d. The Grantee can provide general ledgers documenting the entries for receipts and disbursements. Yes ☐ No ☐

5. Equipment/Fixed Assets
5a. Did the Grantee purchase or lease equipment/fixed assets with grant funds? Yes ☐ No ☐
5b. The Grantee received prior approval from BSCC for purchases of equipment and/or fixed assets that were more than $3,500 per item. Yes ☐ No ☐ N/A ☐

5c. The equipment/fixed assets were listed in the budget or in a Budget Modification.

Yes ☐ No ☐ N/A ☐

APPENDICES, Page | 58

5d. The Grantee maintains an inventory list of equipment/fixed assets purchased with grant funds. Yes ☐ No ☐ N/A ☐

5e. The Grantee maintains proof of receipt of equipment/fixed assets.

Yes ☐ No ☐ N/A ☐

6. Supplanting
The Grantee can verify that expenditures submitted for grant reimbursement (including salaries and benefits) are not also claimed/reimbursed under another separate agreement or funding stream (supplanting). Yes ☐ No ☐

7. Match
7a. The Grantee is in compliance with the match requirement.

Yes ☐ No ☐ N/A ☐

7b. If the Grantee is currently under-matched, is there a plan to meet the contractually obligated match amount?

8. Project Income
Does the Grantee generate income from grant funds (e.g., fundraisers, registration fees, etc.?) Yes ☐ No ☐ N/A ☐

9. Subcontracts
9a. Does the Grantee require subcontract agencies to submit source documentation with their billing invoice? Yes ☐ No ☐ N/A ☐

9b. What type of documentation detail does the agency keep for subcontractor service delivery billing (to include list of positions funded, documented staff hours, list of services delivered, participant sign-in logs, time/duration of services, other invoice detail, etc.)?
Describe in the Fiscal Review Comments section.

9c. Is the source documentation sufficient to justify charges? Yes ☐ No ☐ N/A ☐

9d. Does the Grantee conduct desk audits of subcontract agencies? Yes ☐ No ☐ N/A ☐

9e. Does the Grantee conduct site visits to subcontract agencies?

Yes ☐ No ☐ N/A ☐

10. Audits
10a. What type of audit report will the project submit? Single City/County Audit Report ☐
Program Specific Audit ☐
Other ☐

APPENDICES, Page | 59

10b. The Grantee has audit reports covering the agenc\¶s internal control structure within the last two years. Yes ☐ No ☐

Field Representative Comments for Fiscal Review Section:

Number comments to correspond to Fiscal Review items.

IV. PROGRAM REVIEW
Note: Some of the information collected in this section will be used to foster discussion and assist with technical assistance, not necessarily to determine compliance.

1. Governing Body
1a. Does the grant require formation of some type of governing body (steering committee, coordinating council, etc.) to guide grant activities? Yes ☐ No ☐ N/A ☐

1b. If so, has this body been formed and is it meeting as required? Yes ☐ No ☐ N/A ☐

1c. Are all required members participating? Yes ☐ No ☐ N/A ☐

2. Evidence-Based Interventions
2a. List all interventions being used by the grantee.

List in the Program Review Comments section.

2b. Which interventions do the grantee identif\ as ³evidence-based?´ Wh\? Based on what information? Explain in the Program Review Comments section.

2c. Does the Grantee have a quality assurance or fidelity monitoring process in place to ensure that interventions are implemented as intended? Yes ☐ No ☐

3. Assessments
3a. If providing direct services, how are participants assessed for risk, need and responsivity? Explain in the Program Review Comments section.

3b. How is that information used? Explain in the Program Review Comments section.

4. Staff Training
4a. Do all project staff receive an orientation and/or training pertinent to the grant project? Yes ☐ No ☐

4b. Are there opportunities for ongoing training for staff affiliated with the grant? Yes ☐ No ☐

5. Policies & Procedures

APPENDICES, Page | 60

5a. Did the Grantee develop a written Policies & Procedures Manual or Program Manual specific to the grant project? Yes ☐ No ☐

5b. Are they accessible to staff? Yes ☐ No ☐

6. Case Management/Tracking
6a. Does the Grantee maintain an automated or web-based case management and/or data collection system to track participants served by the grant? Yes ☐ No ☐ N/A ☐

6b. If not, how are services and/or participants tracked? Explain in the Program Review Comments section.

7. Source Documentation
The Grantee maintains appropriate source documentation (e.g., case records, case files, sign-in sheets, etc.) for the participants served. Yes ☐ No ☐ N/A ☐

8. Progress Reports
8a. Progress Reports are current. Yes ☐ No ☐

8b. Program records reviewed at the site visit provided sufficient detail to support information reported in Progress Reports. Yes ☐ No ☐ If no, explain in the Program Review Comments section.

9. Problems
The Grantee has experienced operational or service delivery problems.

If yes, explain in the Program Review Comments section. Yes ☐ No ☐

10. Sustainability
Does the grantee have a sustainability plan to continue service delivery after grant funds expire? Yes ☐ No ☐
Describe in the Program Review Comments section.

11. Other Requirements Reviewed
Per this site visit review, programmatic requirements specific to this grant program are being met. Yes ☐ No ☐

Field Representative Comments for the Program Review Section:

Number comments to correspond to Program Review items.

V. DATA COLLECTION AND EVALUATION

1. Evaluator
Does the Grantee subcontract for its data collection and evaluation services? Yes ☐ No ☐ N/A ☐

APPENDICES, Page | 61

If yes, list name of organization and describe the relationship in the Data Collection and Evaluation Comments section.

2. Evaluation Plan
Is the Grantee on track with the activities and milestones described in its Evaluation Plan? Yes ☐ No ☐ N/A ☐

3. Preliminary Evidence
3a. Do the data collection efforts show any preliminary evidence that could impact the project? Yes ☐ No ☐ N/A ☐

3b. Has the Grantee used this information to make improvements or changes to the project? Yes ☐ No ☐ N/A ☐

Field Representative Comments for Data Collection and Evaluation Section:

Number comments to correspond to Data Collection and Evaluation Review items.

VI. MONITORING SUMMARY

1. Outcome of Visit
1a. Does the project generally meet BSCC grant requirements? Yes ☐ No ☐

1b. If no, will a Compliance Improvement Plan be submitted? Yes ☐ No ☐

1c. Describe here:

2. Technical Assistance
2a. Does the Grantee have any technical assistance needs? Yes ☐ No ☐

2b. Describe here:

APPENDICES, Page | 62

Large Counties (750,000 and above) Medium Counties (200,001-749,999) Los Angeles 9,861,224 Stanislaus 549,466
San Diego 3,287,306 Sonoma 482,404
Orange 3,162,245 Tulare 475,014
Riverside 2,435,525 Solano 447,241
San Bernardino 2,187,665 Santa Barbara 445,164
Santa Clara 1,894,783 Monterey 433,716
Alameda 1,651,979 Placer 409,025
Sacramento 1,576,618 Merced 284,338
Contra Costa 1,156,555 San Luis Obispo 280,721
Fresno 1,011,273 Santa Cruz 266,564
Kern 909,813 Marin 257,135
San Francisco 842,754 Yolo 221,165
Ventura 833,652 Butte 201,608
San Mateo 744,662
San Joaquin 784,298

Small Counties (Under 200,000)
El Dorado 190,465 Calaveras 45,049
Shasta 180,531 Siskiyou 43,830
Imperial 179,329 Amador 40,297
Madera 157,396 Lassen 30,274
Kings 152,023 Glenn 28,750
Napa 136,179 Colusa 21,807
Humboldt 135,168 Del Norte 27,218
Nevada 101,242 Inyo 18,978
Sutter 99,145 Plumas 18,942
Mendocino 89,999 Mariposa 17,045
Yuba 82,275 Trinity 16,023
Lake 67,407 Mono 13,379
San Benito 65,479 Modoc 8,690
Tehama 65,052 Sierra 3,229
Tuolumne 55,291 Alpine 1,200

APPENDIX H
County Population Index
Source: California Department of Finance, Population Estimates, January 1, 2022

APPENDICES, Page | 63

The Prop 64 PH&S Grant Program, Cohort 3 Local Evaluation Plan (LEP) should, at a minimum, address the following:

Project Background as it pertains to the Project Purpose Area(s), as applicable. x Provides information essential to understand the project and the need for the project.
x Define the target population (for example: gender age, system -involvement history, criminogenic factors, etc.)
x Describes the criteria used to determine participant eligibility. x Describes the process for determining which intervention(s) and/or services a participant needs and will receive.
x Describes the process for determining which activities and/or services will be implemented in the service area.
x Describes the project¶s goal(s) and objectives (as stated in the original proposal¶s Work Plan).

Additional LEP requirements may be added once grantees have been awarded and all Prop 64 PH&S Grant Program, Cohort 3 project components have been determined.

Project Evaluation Method and Design-
x Describe the research design that will be used for the process evaluation. x Describe the plan to document activities within the project and/or services provided to each participant (e.g., maintaining a database, signup sheets, etc.). x Describe how participants¶ progress will be tracked (ex: start dates, attendance, dropouts, successful completions, progress milestones, etc.). x Describe how components or activities conducted as part of the project that do not involve participants will be tracked/documented (e.g., code enforcement, investigations, system/equipment updates).
x Identifies and thoroughly defines process measures. This includes how, by whom, and how often the process measures will be collected.
x Describe how the process data will be collected and the data source(s) used. x Describe the project oversight structure and overall decision-making process for the project.
x Describe how the project components will be monitored, determined effective, and adjusted as necessary.
x Describe the plan for documenting activities performed by staff and contracted providers, if applicable.
x Describe the procedures which ensure that the project will be implemented to fidelity, when applicable.
x Describe how all quantitative and qualitative process data will be analyzed.

Includes a description of the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chi-square, etc.) and your method used for analyzing qualitative data (identifying themes, content analysis, etc.).

APPENDIX I
SAMPLE: Local Evaluation Plan and Report Components

APPENDICES, Page | 64

Project Outcome Evaluation-
x Describe the research design that will be used in the outcome evaluation. x Include a set of evaluation questions. These must include the goals and objectives from the original proposal but may also include more outcome-oriented questions. x Provide the estimated number of participants expected to receive each type of intervention/service.
x Provide the criteria for determining participant success in the project. x Provide the estimated number of activities/services accomplished. x Describe the criteria for determining activity/service completion and/or success in the project.
x Thoroughly describe all outcome variables and identifies how they will be defined and measured (tools/instruments used to collect the data and frequency of collection).
x Describe how the outcome data will be collected, the timing of data collection, and the data source(s) used.
x Describe how all quantitative and qualitative outcome data will be analyzed.

Describe the statistical tools used to analyze quantitative data (e.g., descriptive statistics, chi-square, etc.) and your method used for analyzing qualitative data (identifying themes, content analysis, etc.).
x Describe the strategy for determining whether outcomes are due to the project and not some other factor(s) unrelated to the project, including a description of a comparison group, when applicable.
x If multiple types of interventions will be employed, include a description of how the separate effects on outcome variables of each type of the intervention will be determined, if possible.

Project Logic Model-
x Shows the logical relationships between Inputs/resources, Activities, Outputs, Outcomes, and Impacts of the project.
x Includes pertinent project activities and outcome variables outlined in the narrative. x Displayed in a simple and easy-to-follow format.

Final Local Evaluation Report-
The Prop 64 PH&S Grant Program, Cohort 3 Final Local Evaluation Report (LER) should, at a minimum, address the following components of the LEP and document how the plan occurred:

Executive Summary
x The Executive Summary summarizes the key components of the report so that readers have a brief overview of the project¶s efforts and results.

Project Background

Project Evaluation Method and Design

Project Outcome Evaluation

APPENDICES, Page | 65

Project Evaluation Results-
x Include the data related to the process evaluation. Describe any changes that were made as a result of the process evaluation findings. x Include the total number of participants (unduplicated). o Include basic demographic information of your participants (e.g., age, gender, race/ethnicity, risk factors, prior involvement with the justice system).
o When multiple services are available, include the number of individuals who received each of the services.
x Include the total number of activities and/or services. x Include progress toward goals:
o Provide a summary of the degree to which these goals and objectives were achieved.
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.
x Describe results of any process analyses and provide a detailed explanation related to the project¶s performance over the course of the grant. x Describe results of any outcome analyses and provide a detailed explanation of findings as it relates to any other additional outcome measures.

Discussion of Results-
x Discuss the effectiveness of different strategies implemented in the project. x Make useful recommendations with specific guidance for what to replicate or do differently.

Current Project Logic Model

Grantee Highlight
x This section should provide a brief, one-page, visually appealing, highlight or success story that provides additional information related to the project¶s success over the grant cycle.

APPENDICES, Page | 66

Name Title Organization /Agency
1 Linda Penner
Chair
BSCC Board Member Board of State and Community
Corrections

2 Steve Carney Chief Deputy, Cannabis
Licensing Office
Santa Cru] Count\ Sheriff¶s
Office
3 Manuel Escandon Director, Student Intervention &
Prevention Department

Office of the Fresno County
Superintendent of Schools
4 Hollie Hall Consultant, PhD. Watershed Resource Specialist Humboldt, Trinity, and
Mendocino Counties

5 Tanja Heitman Chief Probation Officer Santa Barbara County

6 Amy Irani Director Environmental Health
Nevada County

7 Vicki Jones Environmental Health Division
Director
Merced County Public Health

8 Jon Lopey Sheriff Siskiyou County

9 Renee Menart Communication & Policy Analyst Center on Juvenile and Criminal Justice

10 Dave Neilsen Retired, Deputy Director CA Department Alcohol & Drug Programs

11 Royal Ramey Co-Founder The Forestry and Fire
Recruitment Program

12 Sarah Ruby Deputy Public Defender Santa Clara County

13 Michael Salvador Police Chief City of Atwater

14 Sharyn Turner Registered Nurse Nevada County Superintendent of Schools

15 Scott Whitney Police Chief City of Oxnard

APPENDIX J
Prop 64 PH&S Grant Executive Steering Committee

APPENDICES, Page | 67

(Page 1 of 2)

The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program, Cohort 3 Request for Proposals (RFP) includes requirements that apply to non -governmental organizations that receive funds under this grant. All g rantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S funds. The RFP describes these requirements as follows.

Any non-governmental organization that receives Prop 64 PH&S grant funds (as either subgrantee or subcontractor) must:

x Have been duly organized, in existence, and in good standing for at least six months prior to the effective date of its fiscal agreement with the BSCC or with the Prop 64 PH&S 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 grantee-subcontractor fiscal agreement.

x Be registered with the California Secretar\ of State¶s Office, if applicable;

x Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship);

x 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

x Have a physical address.

APPENDIX K
Criteria for Non-Governmental Organizations Receiving
Proposition 64 Public Health and Safety Grant Funds

APPENDICES, Page | 68

(Page 2 of 2)
In the table below, provide the name of the Grantee and list all contracted parties.

Grantee:

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 Prop 64 PH&S Grant 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
NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE (Blue Ink Only or E-signature) DATE
x

Name of Contracted Party Address Email / Phone Meets All Requirements

Yes No

Yes No

Yes No

Yes No

APPENDICES, Page | 69

Applicants must complete Project Work Plan. This Project Work Plan identifies measurable goals and objectives, activities and services, the responsible parties and a timeline. Completed plans should (1) identif\ 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 Grant Work Plan provided within the online Proposal Submittal Application. (1) Goal:

Objectives
(A., B., etc.)

Project activities that support the identified goal and objectives Responsible staff/ partners
Timeline
Start Date End Date

(2) Goal:

Objectives
(A., B., etc.)

Project activities that support the identified goal and objectives Responsible staff/ partners
Timeline
Start Date End Date

(3) Goal:

Objectives
(A., B., etc.)

Project activities that support the identified goal and objectives Responsible staff/ partners
Timeline
Start Date End Date

(4) Goal:

Objectives
(A., B., etc.)

Project activities that support the identified goal and objectives Responsible staff/ partners
Timeline
Start Date End Date

APPENDIX L
SAMPLE: Prop 64 PH&S Grant Program Work Plan

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, City Manager
BY: Paul Espinosa, Police Chief
Michael Solorza, Director of Finance
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NO. 4039

WITH KIM TURNER, LLC FOR POLICE COMMUNICATIONS

CONSULTING SERVICES
DATE: November 16, 2022
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve the attached Professional Services Agreement with Kim Turner, LLC (Agreement No. 4039) in an amount not to exceed $59,378; and

2. Take any additional actions necessary to effectuate the procurement of services.

FISCAL IMPACT:

The total cost of the services associated with this professional services agreement shall not-to-exceed $59,378. Funds for the services related to this agreement are available in the Police Department's Fiscal Year 2022-23 budget (Account No. 100-80-820- 6040.10, General Fund – Police – Communications – Contract Services Outside Contracts).

Since the start of Fiscal Year 2022-23, the Police Department’s Communications Division has operated under-staffed by five (5) Full-Time Equivalent (FTE) positions.

This shortage is anticipated for at least three (3) months due to the time involved in the recruitment process. The staffing vacancies are expected to create sufficient savings for this expense, as full-time regular salary actuals are trending lower than budgeted, through October 31, 2022. An internal budget adjustment will be done to shift funds

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

from regular salaries to outside contracts, requiring no additional (i.e., increase) appropriations to fund the services covered under this agreement. It should be noted that $25,000 in funding was made available in the FY 2022-23 budget as part of the supplemental budget process. This was the initial amount thought to be necessary for these consulting services. The additional funds for the proposed work will come from salary savings, as indicated above.

BACKGROUND/DISCUSSION:

The Police Department's Communications Division serves within the support services section of the Police Department. Those assigned to this section staff the Public Safety Answering Point (PSAP) for the City of Montebello. As the PSAP, the Division is responsible for answering emergency and non-emergency calls for service and general inquiries from both the public and in-house staff.

Over the past three (3) years, the Police Department has experienced an upward trend in calls for services/general inquiries. In 2019, the Department received 86,250 calls for service (emergency and non-emergency) compared to 2021, when 92,141 calls for service were received. This change represents an increase of approximately seven percent (7%).

Furthermore, implementing new technology and increased community outreach regarding the availability of alternative methods to contact first-responder services has increased the workload for the Communications Division. During the same 2019 - 2021 timeframe, the call center experienced an increase in messages transmitted/received via the Text-to-911 System of fifty-seven percent (764 in 2019 and 1,196 in 2021). In the upcoming years, it is expected that the Department will be contacted more frequently using methods other than phone calls.

In addition to answering and responding to requests for services/general inquiries via phone and other methods, staff assigned to this Division are responsible for communicating with field personnel (i.e., patrol, etc.) via radio to dispatch calls for service and provide additional support as needed.

The Department's Communications Division includes eleven (11) full-time positions for FY 2022-23: 1 - Dispatch Supervisor; 5 - Dispatcher I; and 5 Dispatcher II. However, it operates significantly understaffed, with vacancies in the Dispatcher I/II classifications.

As of October 2022, the Division was operating with only six (6) of the authorized positions filled. Due to the minimum operational staffing requiring two (2) individuals on duty, services are supplemented by police officers and investigators working on an overtime basis. In addition, full-time personnel work modified schedules which include mandatory overtime shifts. It is estimated that an additional 100 hours of overtime are added weekly due to the mandates and supplemental shifts. Despite this, the Division is severely understaffed and requires improved measures to develop recruitment efforts to identify long-term staff. The City Council previously supported this commitment by approving a recruitment incentive program for lateral police dispatchers at the June 8, 2022 City Council meeting (Consent Calendar Item No. 15).

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

With new housing and economic developments anticipated very soon (i.e., completion of Montebello Hills), calls for services/general inquiries received via phone and other methods will steadily increase. As a result, the Department must prepare for this shift in demand. This preparation involves evaluating current practices to ensure it recruits and maintains the best individuals and provides first-class service to residents and community members. The initial step in this process is hiring a consultant to thoroughly review and evaluate the Communications Division's operations and recommend necessary improvements. Upon completion of this project, the Department anticipates receiving a detailed report that provides a strategic plan for making necessary improvements.

To complete this work, it is recommended that City Council approve the use of Kim Turner, LLC (Kim Turner). Kim Turner has an extensive background and experience working with PSAPs extending well over thirty (30) years. She spent several years as the call center manager with multiple agencies. In addition, she holds certifications from California Peace Officers Standards and Training (POST), is an Emergency Number Professional (ENP), and completed the Center Manager Certification Program (CMCP).

Due to this experience providing services for PSAPs, it is recommended that these services are approved as a professional service according to Montebello Municipal Code 3.20.050H, Conformance with Bidding Procedures, which states:

Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:

Professional Services - Nothing shall be construed to preclude the city from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this article. The term "professional services" means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers, accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.

It should also be noted that the Department previously used the services of Kim Turner to update the Communications Division’s training manual. The services provided were deemed satisfactory and essential for beginning to improve the structure of the Division’s training program. If approved, this agreement will remain in effect until June 30, 2024.

ENVIRONMENTAL IMPACT:

N/A
ANALYSIS:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

N/A
SUMMARY:

The Police Department's Communications Division is seeking a qualified consultant's services to conduct a thorough assessment of their operations. The Department has identified Kim Turner, LLC as the consultant to provide these services and is requesting approval of a professional services agreement in the amount not-to-exceed $59,378.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4039 - Kim Turner, LLC
NEXT STEPS:

N/A

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 4039

WITH KIM TURNER, LLC

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on November 16, 2022 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California muni cipal corporation ( the “CITY”) and KIM TURNER, LLC ( the “ CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualified professional consultant to provide recommend and implement improvements for the Police Department emergency call center operations and related services in the CITY; and

W HEREAS, the CONSULTANT represents that it is f ully qualified to perform such services by vi rtue of its experi ence and the training, education and expertise of its principals and employees.

NOW THE REFORE, in c onsideration of performance by the Parties of th e covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS

A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

a. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. Proposal dated September 21, 2022
c. Proposal referenced and Best Final Offer received by the successful proposer.
d. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

A. All terms, conditions, requirements, and provisions of the services in the Proposal issued to the City of Montebello ( dated September 21, 2022 ) (“Proposal”), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the e xtent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

PROFESSIONAL SERVICES AGREEMENT NO. 4039

B. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide the services described in the scope of work, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

C. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).

The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. T ERM.

a. This A greement sh all c ommence upon issuance of a written “ Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2024, from the Effective Date, unless terminated earlier as hereinafter provided.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

a. The CONSULTANT sh all at all tim es, faithfu lly, competently, and to t he best of its ability, experience, and talent, perform all tasks described herein.

b. The CONSULTANT sh all employ, at a minimum, genera lly accepted standards a nd practices utilized by companies engag ed in providing sim ilar services, as a re required of Consultant hereunder, i n meeting its o bligations under this Agreement.

c. The CONSULTANT sh all be knowledgeabl e of a nd subjec t to al l CITY ordinances, rul es and regul ations, standard oper ating pr ocedures, and t he supervisory chain of command.

d. T
he CONSULTANT sh all have t he rig ht to retai n, subj ect to the CITY's approval, a dditional individuals, consultant s or sub consultants to assist in t he completion of services as herein define d. Compensation for additional individuals, consultants or subconsultants shall be the sole and excl usive responsibility of the CONSULTANT.

e. The CONSULTANT sh all r etain al l original report s, fiel d an d o ffice notes, correspondence, calcul ations, maps , an d other documents specificall y related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to t he a ttorney- client privilege or any other law. Said do cuments sh all be made ava ilable for inspection by the CITY upon request.

PROFESSIONAL SERVICES AGREEMENT NO. 4039

SECTION 5. WOR K PRODUCT.

a. The CONSULTANT hereby agrees that all w ork product p roduced pursuant t o this Agreement, and provided to the CITY during and upon completion of this Agreement, sh all be the property of t he CITY, and ownership of said work product sh all be r etained by t he CITY. The CONSULTANT m ay take and retai n copies of such wr itten p roducts as desired, but no such wri tten products shall be the subject of a copyright application by the CONSULTANT.

b. All dat a, do cuments, discussion, or other inform ation develop ed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. T he CITY shall grant such consent if disclosure is legally required. All such w ritten products shall be returned to the CITY upon the termination or expir ation of this A greement. The CONSULTANT agrees that t he covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No ex tra ser vices over and above the Compensa tion shall be render ed by the CONSULTANT under this Agreemen t unless such extra servi ces first shall have been d uly authorized in wri ting by t he CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and sh all be the CITY’s agent with r espect to obtaining the CONSULTANT’s compliance hereunder. No paymen t for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. T ERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this A greement at the time and i n the manner required, t he non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non- defaulting Party may terminat e the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the C ITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to

PROFESSIONAL SERVICES AGREEMENT NO. 4039

the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience . T he CITY shall have t he option, at its sole discretion and without cause, to terminate this Agreement in wh ole, or in part, by giving t en (30) busine ss day s’ written noti ce to the CONSULTANT. Upo n the termination of this A greement as pro vided herei n, t he CITY sh all provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT f or services the CONSULTANT had compl eted as of t he date of termination, l ess t he amou nt of al l pre vious payment with r espect to t he Compensation. Further, upon such a termination for convenience by the CITY, the Parties agr ee that the CONSULTANT shall be reimbur sed fo r an y “non- refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: ( 1) such “non- refundabl e” costs w ere i ncurred by the CONSULTANT prior to t he date of termination, and ( 2) th at the CONSULTANT provides t he CITY with adequat e proof that the CONSULTANT incurred the costs, and is una ble to be seek a refund for such costs. S uch “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT f or its perfo rmance of services under this Agreeme nt. T he CONSULTANT agrees t o cease all w ork under this Agreement on o r b efore t he effective date of any notice of termination.

SECTION 9. EMP LOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON- LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which m ay become due to the CONSULTANT.

SECTION 11. I NDEPENDENT CONSULTANT.

a. T h e CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither t he CITY nor an y of its el ected officials, officers, employees, or agents shall h ave contr ol o ver t he condu ct o f the CONSULTANT except as expressly set forth in this Agreeme nt. Th e CONSULTANT shall not at any time or in any mann er represent that he or she is i n any manner an elected official, o fficer, employee, or agent of t he CITY. N o employee benefits sh all be available to the CONSULTANT in connecti on with the performan ce of this Agreement. Except as provided in this A gr eement, the CITY shall not pa y salary, wages, or other compensation to the CONSULTANT for performance hereund er for the CITY, the CITY s hall no t b e li able for compensation to the CONSULTANT, the CONSULTANT’s em ployees o r the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.

b. T he
parti es fu rther ackno wledge and agr ee that nothi ng in this Agreement sh all create or be constr ued to create a pa rtnership, joint ventur e, employment rel ationship or an y other rel ationship except as set f orth in this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4039

c. The CITY sh all not dedu ct fr om t he Compe nsation paid to the CONSULTANT a ny sums requir ed for S ocial S ecurity, withholding tax es, FICA, state disa bility insurance or any other fed eral, state or l ocal t ax or charge which may or may n ot be in effect or hereina fter enact ed or requir ed as a charg e or withholding on t he compensation p aid to the CONSULTANT. The CITY sh all have no r esponsibility t o provi de the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In t he
event that the CONSULTANT or any employee, agent, or
subconsultant of the CONSULTANT providing services under this Agreement claims o r is d etermined by a court of competent jurisdiction or CalPERS t o be eligible for enro llment i n CalPERS as an employee of t he CITY, the CONSULTANT sh all ind emnify, defend, an d hold harmless the CITY for the payment of any employee and/or employer contributions f or CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or sub consultants, as well as for t he payment of a ny p enalties and i nterest on such con tributions, which would ot herwise be the responsibility of the CITY.

c. N otwiths tanding any other agency, state or feder al p olicy, rul e, regulation, law or ordinance to t he co ntrary, the CONSULTANT and any of its employees, a gents, a nd sub consultants providing service under this A greement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit , o r an y i ncident o f employment by the CITY, including but not limited to e ligibility to enroll in PERS as an employee o f the CITY and entitl ement to any con tribution to be p aid by the CITY f or emplo ye r contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGA L RESPONSIBILITIES.

The CONSULTANT shall at all tim es observe and comply with all app licable laws, ordinances, c odes, and reg ulations of the f ederal, stat e, and loc al g overnments including, but not limited to the Montebe llo Mu nicipal Cod e. T he CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. I NDEMNIFICATION.

The CONSULTANT agrees to, and sh all d efend, ind emnify, protect a nd h old harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteer s from and ag ainst an y a nd all claim s, demands, lawsuit s, defense costs, civil, penalties, expenses, causes of action, and judgments at law or

PROFESSIONAL SERVICES AGREEMENT NO. 4039

in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be im posed upon them for injuries or deaths of persons, or damage t o property arising out of the CONSULTANT’s neg ligent or wrongf ul act, or omission under t he terms of this Agreeme nt, except only liability arising out of t he sole negligence of the CITY.

SECTION 15. I NSURANCE COVERAGE.

a. D uring t he term of this Agreement, the CONSULTANT sh all carry, maintain, and kee p in ful l force and e ffect i nsurance agai nst claims f or de ath or injuries to p ersons or damages to property that m ay arise from or in connecti on with CONSULTANT’s performance of this Agreeme nt. S uch insurance shall be of the types and in the amounts as set forth below:

• Commercial Gen eral Liabil ity (CGL) : In surance S ervices Office Form C G 00 01 cov ering CGL on an “ occurrence” basis for bod ily inj ury and property d amage, i ncluding products-completed op erations, person al inj ury, an d advertising inj ury, with l imits no l ess than $1,00 0,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

• Autom
obile Lia bility Ins urance: Insurance S ervices Office Form Number CA 0001 covering, Code 1 (an y auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owne d), with l imit no less than $1,000,00 0 per accident for bodily injury and property damage.

• Worker's Compensation insurance as requir ed by t he laws of t he State o f California, with St atutory L imits, and Employ er’s Lia bility I nsurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

• Professi onal Lia bility insurance appropri ate to t he CONSULTANT’S profession, with limit no less than $1,00 0,000 per occurrence or claim, $2,000,000 aggregate.

b. If t he CONSULTANT mai ntains higher limits than t he minimums shown above, t he CITY requir es and sh all be entitl ed to cov erage for t he higher limits maintained by the CONSULTANT.

c. The CONTACTOR sh all require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. T he p olicy or p olicies requir ed by this A greement sh all be issued by an insurer admitted in the State of California and with a current r ating of at least A :VII in the latest edition of Best's Insurance Guide.

e. E ac
h insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days f or non-payment) has been giv en to t he C ITY. The CONSULTANT a grees that if it does no t keep the aforesaid insurance in full force and e ffect the CITY may either (i) immediately terminate this A greement for Cause; or (ii) take out t he necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.

PROFESSIONAL SERVICES AGREEMENT NO. 4039

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in whic h case ten (10) days prior notice shall be provided.

h. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certif icates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

i. The CONSULTANT shall provide proof that p olicies of insurance required herein ex piring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

k. The insurance provided by the CONSULTANT shall be primary to any coverage av ailable to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, empl oyees, agents, or volunteers, shall be i n excess of CONSULTANT’s insurance and shall not contribute with it.

l. All insurance coverage pro vided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

PROFESSIONAL SERVICES AGREEMENT NO. 4039

m. A ny deductibles or self-insured retentions must be declared to and approved by the CITY. A t the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

n. Pr ocurement of i nsurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full perfo rmance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT sh all n ot subcon tract, d elegate, or assig n its d uties or right s hereunder, either in whole or in pa rt, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be cov ered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any su bcontract, d elegation or assignment sh all be made in t he name o f the CONSULTANT and shall not bi nd or purport to bind the CITY and sh all not release the CONSULTANT from any o bligations und er this Agreement i ncluding, bu t n ot limited to, t he duty to prop erly supervise and coordinate the w ork of employees, assignees, d elegees or sub-consultants. No such subco ntract, d elegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WA IVER.

Waiver by any p arty hereto of any te rm, condition or covenant of this Agreemen t shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DI SPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding t h e interpretation or appli cation of an y p rovision(s) of thi s Agreement shall, to t he extent reasonably feasible, be resolved through good faith negotiations between t he P arties. If any action at la w or in equity is broug ht t o enforce this Agreement or b ecause of a lleged disput e, breach, default o r misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action sh all be entitl ed to reasona ble att orney’s fee s, expert fees, costs a nd necessar y d isbursements i ncurred in that action or proceeding, in addition
t o such other relief as m ay be sought and aw arded. T he venue f or any litigation sh all be County of Los Angel es, Ca lifornia. T he Parti es agree that t he covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORN EY’S FEES AND COSTS.

If litigation is reasona bly required to enforce or i nterpret t he provisions of thi s Agreement, t he prevailing pa rty in such litigation sh all be entitl ed to an a ward of reasonable attorney's fees and costs in additi on to any other relief to which it m ay be entitled.

PROFESSIONAL SERVICES AGREEMENT NO. 4039

SECTION 20. WA RRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MI SCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes o f convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

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SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), persona lly or on the second (2nd) business da y af ter t he deposit thereof in t he Unit ed States ma il, postag e prepaid, register ed or c ertified, addr essed a s h ereinafter pro vided. All noti ces, demands, requests, or approvals hereund er sh all be giv en t o the fo llowing addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Police Department Attn: Paul Espinoza, Chief of Police
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]

If to Consultant: Kim Turner, LLC
Attn: Kim Turner
3200 E. Guasti Road, Suite 100
Ontario, CA 91761
(951) 203 – 6472
Email: [email protected]

An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.

In the perfo rmance of this A greement, the CONSULTANT shall no t discriminate against any employee, sub-consultant, or app licant f or employment because o f race, color, creed, re ligion, sex, marital st atus, national or igin, ancestry, age , p hysical or ment al h andicap, ment al co ndition or sexua l orientation. The CONSULTANT will ta ke affi rmative action t o e nsure that sub- consultant an d a pplicants are employed , a nd that employees are treated durin g employment, without regard to their race, color, cree d, religion, sex, marital status, national ori gin, a ncestry, age, physi cal or ment al h andicap, medica l co ndition or sexual orientation.

PROFESSIONAL SERVICES AGREEMENT NO. 4039

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be perfo rmed by th e CONSULTANT under this A greement, or which wo uld conflict in an y manner wit h the performan ce of its services h ereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Fu rthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or r eceive any compensation, monetary or otherwise, to or from the ultim ate vendor(s) of services to the CITY as a r esult of t he performance of this Agreeme nt, or t he servi ces that m ay be procured by t he CIT Y as a r esult of t he recommendations mad e by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This A g reeme nt contai ns t he entir e understandi ng between t he CITY a nd the CONSULTANT. A ny prior agreements, promises, neg otiations or represent ations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writi ng and signed by each party. If an y term, conditi on, or covenant of this A greement is h eld by a court of competent jurisdiction to be inva lid, voi d, or unenforceabl e, t he remaini ng provisions of thi s Agreement shall be valid and binding.

[S
IGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4039

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO KIM TURNER, LLC

René Bobadilla, City Manager Kim Turner, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Proposal (Dated – September 21, 2022)
• Exhibit B – Schedule of Compensation

Exhibit “A”

(See Kim Turner, LLC proposal dated September 21, 2022)

Exhibit “B”
Schedule of Compensation

Total Cost for Services $53,980
Contingency (10%) $5,398

Total maximum compensation $59,378

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Paul Espinosa, Police Chief
SUBJECT: ADOPT RESOLUTION NO. 22- 86 AMENDING THE MASTER FEE

SCHEDULE AND ESTABLISHING CONCEALED WEAPONS PERMIT
(CCW) APPLICATION FEES

DATE: November 16, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution No. 22-86, Amending the Master Fee Schedule establishing Concealed Weapons Permit (CCW) Application Fees; and

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The City's Police Department will now be responsible for processing applications for concealed carry weapons (CCW) permits. To that end, it is necessary to establish a cost recovery mechanism for recouping staffing and associated costs involved in reviewing applications and applicants. Police Department Staff conducted a review to estimate which staff would be involved in the initial application process, and approximately how much time each staff person would spend on an application, in order to establish a fee to charge applicants (i.e., cost recovery mechanism).

The fee being established shall be the reasonable cost of the initial (i.e., new) application processing, issuance, and enforcement. The hourly rates for employees involved in the review process, and the estimated time spent on each application by position, are listed below:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

Sergeant / Lieutenant 1 hour – $63.78
Lieutenant 1 hour -- $77.70 Police Officer 1 hour – $45.14
Police Chief ½ hour – $56.27
Captain ½ hour – $43.96 Record Clerk ½ hour –$11.30

Total (Sergeant only): $220.45
Total (including Lieutenant): $298.15

Since this activity is new to the Police Department, the staff and processing times above are estimated, based on neighboring agencies who are processing CCW applications. At this time, the proposed fee will be $220 per application (for new applications). Staff believes this fee will reasonably recover the costs involved in processing each application. The fee established is not intended to generate additional revenue for the City, only to recover the staffing costs associated with processing CCW applications. Staff feels confident that the $220 recommended processing fee will reasonably recover staffing costs. This fee is broken up into two pieces: $44 due when the application is submitted, and the remaining $176 due upon issuance of a permit (for a total initial application fee of $220).

Staff will be tracking detailed information on each application to obtain data on actual time and staff involved. If necessary, Staff will return to the City Council to adjust the fee up or down based on actual processing results. The Police Department will be utilizing a third-party processing software to assist with accepting and tracking applications (i.e., Permitium). The annual cost of the service is within the City Manager's signing authority, and an agreement will be established/executed for this service.

In addition, there is a $25 "standard renewal fee (2 year)" and a $10 "standard duplicate issuance fee." All of these fees are enumerated on the attached resolution which amends the City's existing master fee schedule.

BACKGROUND/DISCUSSION:

Effective August 1, 2022, first time applicants residing in incorporated cities must contact their local police department to apply for a Concealed Carry Weapon (CCW) license.

Based on the criteria stated in AB 1297, as well as estimating the staff and time involved in processing each application, the City determined a cost recovery fee of $220 per initial (new) application. Additional fees incurred by the applicant for Department of Justice Live Scan, Psychological Evaluation, CCW Firearm Instruction Course Training and Weapon Inspection would be paid directly to the approved vendor selected by the applicant. Applicants will pay the City directly the $220 application fee, and will be responsible for paying all other related fees directly. There are additional fees established by the recommended action for the standard two-year renewal ($25) and for issuance of a duplicate license ($10).

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council approve Resolution No. 22-86 amending the Master Fee Schedule and establishing CCW Application Fees. Staff will update the master fee schedule to reflect Concealed Weapons Permit (CCW) Application Fees.

ATTACHMENT(S)

1. Attachment A - Resolution No. 22-86 Amending the Master Fee Schedule Establishing CCW Fee

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RESOLUTION NO. 22-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO AMENDING THE MASTER FEE SCHEDULE
(RESOLUTION NO. 18-50A) TO INCLUDE CONCEALED

WEAPONS PERMIT (CCW) APPLICATION FEES
WHEREAS, pursuant to the police power granted by Article XI, Section 7 of the California Constitution, cities may impose fees, charges and rates for certain municipal services; and
WHEREAS, on June 13, 2018, the City Council of the City of Montebello (“City Council”) adopted Resolution No. 18-50A, establishing certain Fees and Increasing Certain Existing Fees for Various City Services Provided by the City of Montebello (“City”); and
WHEREAS, in accordance with such Ordinance, the City Council was asked to adopt a Resolution amending the City’s Master Fee Schedule (Resolution No. 22-86) establishing Concealed Weapons Permit (CCW) Application fees; and WHEREAS, the proposed fees for Concealed Weapons Permit (CCW) Applications are intended to cover but not exceed the City’s costs of providing the services; and
WHEREAS, staff has reviewed and recommended that the City’s Master Fee Schedule be amended to establish fees for Concealed Weapons Permit (CCW) Applications as shown below.

NOW, THEREFORE, based on information set forth in the report to the City Council dated as well as any other information submitted to or considered by the City Council during its deliberations on this matter, the City Council of the City of Montebello hereby resolves as follows:

SECTION 1. The above recitals are true and correct and made part of this Resolution.

SECTION 2. The Master Fee Schedule (Resolution No. 18-50A, and as thereafter amended) is hereby amended to include the following fees:

Concealed Weapons Permit (CCW) Application Fee

RESOLUTION NO. 22-86

Initial Fee (paid at submission of application) $44.00
Issuance Fee (paid upon issuance of permit) $176
Standard Renewal Fee (2 Year) $25.00
Standard Duplicate Issuance Fee $10.00
SECTION 3. The Master Fee Schedule (as adopted by Resolution No. 18- 50A, and as amended by this Resolution) shall be kept on file in the office of the City Clerk.

SECTION 4. This resolution shall be effective immediately upon adoption.

APPROVED AND ADOPTED, November 16, 2022, by the City Council of the City of Montebello, by the following vote:
_____________________________
Kimberly Cobos-Cawthorne, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 22-86

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-86 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 16 th day of November 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

ITEM # 20

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Michael Chee, Director of Public Affairs & Information Technology SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 3957 WITH 789, INC. TO RETAIN PROFESSIONAL SERVICES FOR CITYWIDE
BRANDING NEEDS.

DATE: November 16, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 3957, between the City of Montebello and 789 ,Inc. for ongoing professional graphics design and support for Citywide branding services; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 1 with 789, Inc. on behalf of the City; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

A professional services agreement with 789 Inc. was approved for $50,000 on March 9, 2022. This agreement covered the initial phase of branding work to be conducted by 789, Inc. The vendor 789, Inc. is a full service graphics design firm providing on-call creative services including, copy, graphic design, video production, motion graphics, web design/development, marketing support and branding services. An amendment (Amendment No. 1) to the agreement is recommended, extending the term through June 30, 2023 and increasing the not-to-exceed amount to $104,450. The amendment will update the original scope of work to include deliverables such as print-and production ready files, templates for print and digital assets and other items and work needed to fully

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

implement and roll out the citiy's new branding effort.

BACKGROUND/DISCUSSION:

On March 9, 2022, the City Council approved an initial agreement with 789, Inc. to perform research and development of a new City brand to refresh the City's logo and brand appearance. This second phase of work requires applying the approved brand look and feel appropriately to all City assets including, but not limited to, stationery and business cards, City apparel and uniforms, updated graphic designs for Montebello Bus Lines, City vehicles, digital communication, marketing assets, street signs and way- finding, and other public facing visuals and communications as needed.

This amendment to the professional services agreement will enable staff to continue directing the consultant on a new scope of work focused on delivery of the above- mentioned deliverables as needed for all City departments, as the new brand is rolled out and implemented.

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council extend the term of the Agreement with 789, Inc. for seven (7) months (November 2022 – June 2023) and increase the total, not-to-exceed amount to $104,450.

ATTACHMENT(S)

1. Attachment A - Amendment No. 1 to Agreement 3957

2. Attachment B - Agreement No. 3957 with 789, Inc.

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CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3957
WITH 789, INC.

This Amendment No. 1 to Agreement No. 3957 ("Amendment No. 1") is made and entered into as of the 12th day of November, 2022 (“Effective Date”), by and between the City of Montebello, a municipal corporation, (hereinafter referred to as “City”) and 789, Inc., (hereinafter referred to as “Consultant”). The City and Consultant are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS

WHEREAS, City and Consultant are Parties to that certain Professional Services Agreement No. 3 957 for city-wide branding services with an e ffective date of March 9, 2022, (the "Agreement"), pursuant to which City contracted with Consultant to provide services as defined in the Agreement; and

WHEREAS, Section 25 ("Entire Agreement") of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and

WHEREAS, the Parties each being mutually satisfied with the other's performance thereof, desire to amend the Agreement to extend the term and incorporate a revised Scope of Work (SOW) for additional services (“Revised Scope of Work”); and

WHEREAS, based on the proposed term extension and amendment to the SOW, the compensation schedule will also be revised to an amount not to exceed $104,450 to carry the project through the end of the new contemplated term.

WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

AMENDMENT

SECTION 1: TERM. Through this Amendment No. 1, the Parties hereto agree to extend the Agreement for an additional term to commence on March 9, 2022 and

AMENDMENT NO. 1 TO AGREEMENT NO. 3957

automatically expire on March 8, 2024; unless extended by a further written Amendment for an additional one (1) year term.

SECTION 2: AMENDMENT TO THE SCOPE OF WORK . Through this Amendment No. 1, the Parties hereto agree to replace the Scope of Work previously made part of the Agreement wi th a new SOW outlined in Exhibit “A -1” (“Revised Scope of Work”), attached hereto and incorporated herein by this reference.

SECTION 3: AMENDMENT TO COMPENSATION SCHEDULE . Through this Amendment No. 1, the Parties hereto also agree to amend the compensation (“Revised Compensation Schedule”) for the purposes of incorporating costs associated with th e Term Extension (Section 1) and Revised S cope of Work (Section 2), above. At no time shall compensation for the amended services contemplated herein exceed the amount of One Hundred and Four Thousand, Four Hundred and Fifty Dollars ($104,450). The Revised Compensation Schedule is attached hereto as Exhibit “ A-1” (also known as the “Work Order” dated October 1, 2022) and incorporated herein by this reference.

SECTION 4: INCORPORATION OF REMAINING TERMS . Other than as expressly modified in this Amendment No. 1 with respect to the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.

IN WITNESS WHEREOF , the Parties have executed this Amendment No. 1 to Agreement No. 3957 for city-wide branding services as of the Effective Date.

[SIGNATURES ON THE FOLLOWING PAGES]

AMENDMENT NO. 1 TO AGREEMENT NO. 3957

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO 789, INC.

René Bobadilla, City Manager Charley Bell, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS
• Exhibit “A-1” – Contractor’s Revised Scope of Work and Contractor’s Revised Compensation Schedule/Work Order dated October 1, 2022

EXHIBIT A-1

CONTRACTOR’S REVISED SCOPE OF WORK AND REVISED
COMPENSATION/WORK ORDER DATED OCTOBER 1, 2022

WORK ORDER
789, Inc. Creative SyNERDgyTM | WORK ORDER WO# MONT–221001 TO Michael Chee, Deputy Director, Public Affairs DATE 10 / 01 / 22 City of Montebello | 1600 W Beverly Blvd., Montebello, CA 90640 323-887-1200 MAIN | 323-942-4611 MOBILE | [email protected] | CityofMontebello.com 101 N. Citrus Ave. Suite 3C,
Covina, CA 91723
t. 626.339.4789
e. [email protected]
789inc.com
TM
Signature of this work order is an ‘okay to proceed’ with work for the price above. All approved, completed, print/production ready designs will remain property of the client, this does not include working or layered files unless stated above. 789 has permission to showcase designs in their portfolio online and in print to promote its services. Tax and shipping is not included in above estimated price unless specified. All design work includes two revisions unless stated otherwise. Any additional revisions will be billed at 50% of the regular hourly rates. Prices are good for 1 month; costs may fluctuate after this period due to market rates. If project extends past contract period due to client conflicts/delays to the schedule, the agreement will be subject to an increased and renegotiated fee.

APPROVAL TO PROCEED

PRINT NAME TITLE SIGNATURE DATE 6-Month Retainer
Hours Sub-Total: 495 hours
Fee Sub-Total: $ 49,500.00
Retainer: 6 Months
Est. Monthly Total: $ 8,250.00

ITEMIZED BY DEPARTMENT
Item Description Timeline Hours
1 City Admin/Public Affairs Items Phase 1 340
2 Transit Phase 1 60
3 Parks and Recreation Phase 1 115
4 Code Enforcement Phase 1 40
5 Pubic Works Phase 1 40
6 Montebello Police Phase 1 40
7 Montebello Fire Phase 1 40
PROJECT: ON-CALL CREATIVE SERVICES
On-call creative services including, copy, graphic design, video production, motion graphics, web design/development, marketing support and branding services to support Phase 1 activities. Deliverables include print- and production- ready files, templates for print and digital assets.

PROJECT: LIST OF IDENTIFIED DELIVERABLES
City Admin/Public Affairs Items
• Business Cards (horizontal/vertical options)
• Standard City letterhead – all Departments
• New City Pin - TBD
• City Newsletter Header (digital asset)
• Weekly e-blast Header (digital asset)
• City Challenge Coin – TBD
• PPT Standardized Presentation Templates
• Official City Proclamation for Presentation 8.5x14in (vertical) • Official Certificates of Recognition 8.5x11in (horizontal) • Standardized City apparel and hats (should incorporate City Seal placement)
• City vehicle wraps/signage
• Promotional item brand guidelines
• City property building signage and way finding
• Monument signs - TBD
• Street signs - TBD
Parks and Recreation
• Parks & Rec sub-brand for polos, shirts, hats.
• Parks & Rec letterhead for community notices, events, activity schedules, etc.
• Community Flyer/Notices branded header – 8.5x11
Transit
• Montebello Bus Lines specific brand (font+ brand logo) • Bus and vehicle wraps/signage
• Staff apparel, bus operator uniforms, mechanic and
maintenance apparel

Code Enforcement
• Branded Code Enforcement apparel
• Vehicle wraps/signage
Public Works
• Branded apparel, uniforms
• Vehicle wraps/signage

Montebello Police
• Apparel and uniform (new logo + dept patch)
• Dept specific letterhead/business cards
• Polos/hats

Montebello Fire
• Apparel and uniform (new logo + dept patch)
• Dept specific letterhead/business cards

ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: APPROVAL OF AGREEMENT NO. 4048 - LS-1 OPTION E

AGREEMENT WITH SOUTHERN CALIFORNIA EDISON TO REPLACE

HIGH PRESSURE SODIUM VAPOR STREET LIGHTS WITH LIGHT-

EMITTING DIODE STREET LIGHTS
DATE: November 16, 2022
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve an LS-1 Option E authorization with Southern California Edison (SCE) to replace high pressure sodium vapor (HPSV) street lights with light-emitting diode (LED) street lights, and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and

2. Authorize the City Manager or his designee to sign the authorization agreement; and

3. Take all necessary, additional actions as necessary.

FISCAL IMPACT:

Southern California Edison (SCE) offers a program to cities that replaces older, less efficient High Pressure Sodium Vapor (HPSV) streetlights with Light-Emitting Diode (LED) lights. The “turnkey” program is managed by SCE, and does not require any out of pocket funds or financing from the City. SCE updates the “tariff” (i.e., rate plan) for the streetlights, and imbeds the capital charges for swapping out HPSV to LED lights in the new rate.

There will be a cost savings based on the more efficient LED lights, and even with the

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

capital costs of the light replacement amortized over twenty years contained in the new "tariff," SCE estimates that during the 20-year project repayment period, Montebello will save approximately $218,000 annually. Once the repayment period is over, savings will increase to approximately $300,000 annually. Over the course of the initial 20 years, Montebello will see a cost reduction of $4,375,200 in current dollars which is net of the embedded recovery mechanism in the LS-1 Option E tariff:
Total savings for Montebello over 20 years – $6,012,840 Total embedded recovery mechanism collection over the initial 20 years - $1,637,640
Total net savings to Montebello after recovery mechanism - $4,375,200 All streetlight related expenditures are recorded in the General Fund. Therefore, the annual savings will positively impact the General Fund, freeing up resources for other uses.

BACKGROUND/DISCUSSION:

The LS-1 Option E tariff is a turnkey program offered by Southern California Edison (SCE) to local governments to replace aging HPSV “cobra head” street lights with new, more efficient LED street lights. This tariff (LS-1 Option E) facilitates street light replacement with local government concurrence and authorization, after which SCE manages the implementation process from start to finish. SCE does not require any up- front capital from Montebello to complete this project. Instead, capital costs are amortized through energy savings over a 20-year period with zero interest.

If approved by the City Council, current estimated planning lead time is expected to be roughly five months until project implementation begins (i.e., approximately April, 2023).

With 4,116 SCE owned street lights in Montebello, SCE teams will work during normal business hours for about six weeks to complete the project (i.e., estimated completion by the end of May, 2023).

As soon as the project is finished, SCE will begin the process of changing mapping and billing records which often takes several months to complete. SCE will credit Montebello’s street light billing back to the date of project completion to ensure savings are provided from the time the project was completed. After implementation, Montebello will save approximately $218,000 annually on the City’s street lighting energy bill from SCE. After the initial 20 year repayment period, Montebello’s savings will grow to an estimated $300,000 annually. (This estimate is a snapshot based on today’s dollars and electricity rates, and applicable to Montebello’s street lighting energy bill from SCE). Based on the project timeline, savings will be realized in Fiscal Year 2023-24.

Over 275,000 street lights have been replaced by SCE over the last several years in communities across Southern California. This project meets both financial and sustainability goals as set forth by the City Council for the community, lowering not only cost, but energy usage and reducing Montebello’s carbon footprint.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

The new LED fixtures provide superior optics compared to the older generation HPSV lights, are dark sky compliant, and more effectively place light on the street surface with less light intrusion to residents. The lights also improve ‘visual acuity,” allowing drivers, pedestrians, and cyclists to see more clearly and with more detail during the evening hours, providing a safer night environment for our residents. SCE will utilize a standard wattage ratio to match existing lights and conditions on our streets and staff suggests adopting the color temperature standard of 3,000 kelvin across Montebello.

ENVIRONMENTAL IMPACT:

The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to the “Common Sense” exemption set forth under Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment and also states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, the Project is also exempt from CEQA under the Class 3 categorical exemption set forth under to Section 15303 of the CEQA Guidelines which exempts new construction or conversion of small structures where only minor modifications are made in the exterior of the structure. The proposed replacement of high pressure sodium vapor (HPSV) street lights with light-emitting diode (LED street lights does not have the potential to degrade the quality of the environment or have a significant effect on the environment. On the contrary, this new LED technology will be more energy efficient with longer life spans resulting in an upgraded option for lighting within the City.

ANALYSIS:

N/A
SUMMARY:

City Council approval of an LS-1 Option E authorization with Southern California Edison (SCE) to replace high pressure sodium vapor (HPSV) street lights with light-emitting diode (LED) street lights; and authorize the City Manager or his designee to sign the authorization agreement.

ATTACHMENT(S)

1. Attachment A - LS-1 Option E Agreement No. 4048

2. Attachment B - LS-1 Option E Rate Analysis

3. Attachment C - Post EEP Analysis

4. Attachment D - LS-1 Option E Overview
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Southern California Edison Original Cal. PUC Sheet No. 57074-E Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No.

Sheet 1

SCHEDULE LS-1 OPTION E,

ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT

RATE AGREEMENT

Form 14-965

(To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3241-E R.O. Nichols
Date Filed Jun 30, 2015
Decision 14-10-046 Senior Vice President Effective Jun 1, 2016 1P8   Resolution

SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)

FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
1 This Schedule LS-1 Option E, Energy Efficiency-Light Emitting D i ode (LED) Fixture Replacement Rate Agreement (Agreement), effective this day of _,
_(Effective Date), is entered into betwee n Southern California Edison Company (SCE) and ________, an SCE customer taking service on Sch edule LS-1 (Applicant), referred to collectively as "Parties," and individually as "Party." This A greement provides for SCE, at Applicant’s request, to replace the existing street lighting fixtures serving Applicant’s premises with Light Emitting Diode (LED) street lighting fixtures to achieve energy efficien cy benefits for Applicant, as set forth in Special Condition 14, Option E, Energy Efficiency-Light Emittin g Diode (LED) Fixture Replacement, of Schedule LS-1.

The Parties agree as follows:

1. LED FIXTURES
SCE shall install, own, operate, and maintain LED Fixtures for Appl icant as set forth in Exhibit "A" attache
d hereto and incorporated herein by this reference. The LED Fixtures provided hereunder shall at all times remain the property of SCE.

2. LED FIXTURE REPLACEMENT COSTS

2.1 The replacement costs o f the LED Fixtures provi ded hereunder shall be borne by Applicant.

2.2 Applicant shall pay the charge for the LED Fixtures Replacem ent rate, which includes an Energy Efficiency Premium Charge (EEPC) and a Base LED Charge, under Option E of Schedule LS-1. Applicant elects Option E in lieu of an upfront, one-time payment of the replacement costs.

2.3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result of the LED Fixture replacements.

3. COMMENCEMENT OF SERVICE
The Parties agree that SCE has the right to charge Applicant, a n d Applicant has an obligation to pay
SCE, for the charges set forth in Schedule LS-1, Option E, commencing on the date S CE begin
s serving the LED Fixtures installed pursuant to this Agreement.

4. TERM AND TERMINATION

4.1 This Agreement shall be effective as of the Effective Date an d shall continue for a term of twenty (20) years from the commencement of service as specified in Section 3 above (Term).

4.2 Applicant may terminate this Agreement at any time during t he Term upon a thirty (30) - day advance written notice, provided that Applicant, prior to o r within the 30-day advance notice period, assigns the Agreement to any New Party In (NPI) that owns, rents or leases the premises served by the street lighting fixtures repl aced under this Agreement and will take service under Option E of Schedule LS-1 effective as of the date of termination; otherwise, Applicant shall pay a one-time termination charge equal to the present value of the balance of the EEPC of Option E over the remaining Term. Th e present value is determined based on SCE’s authorized rate of return on rate bas e, or discounted rate of

7.90%.

CITY OF MONTEBELLO AGREEMENT NO. 4048

SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)

FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
2 5. AMENDMENTS; ASSIGNMENTS

5.1 Any changes or amendments to this Agreement must be in writ ing and must be executed by the Applicant and SCE and, if required, be approved by the C alifornia Public Utilities Commission (Commission).

5.2 Applicant shall not assign this Agreement without the prior w r i t t e n c o n s e n t o f S C E ; provided, however, that Applicant may assign the Agreement purs uant to the terms and conditions of Section 4.2 above, and the NPI must assume all ri ghts and obligations under this Agreement for the remaining Term. Any assignment and assumption shall be in a form acceptable to SCE.

6. NOTICE
Any notice either Applicant or SCE may wish to provide the othe r regarding this Agreement must be in writing. Such notice must be either hand-delivered or sent by U.S. certified or registered mail, postage prepaid, to the person designated to receive notice for the other Party below, or t o su
ch other address as either may designate by written notice. N otices delivered by hand shall be deemed effective when delivered. Notices delivered by mail shall be deemed effective when received, as acknowledged by the receipt of the certified or registered mailing.

Applicant: SCE:
(Name) Business Customer Division
(Title)
Southern California Edison Company
2244 Walnut Grove Avenue
(Address) Rosemead, CA 91770
(City, State, Zip)

7. NONWAIVER
The failure of either Party to enforce any of the terms and con diti ons or to exercise any right or privilege in this Agreement shall not be construed as a waiver of any such term and conditions o r rights
or privileges, and the same shall continue and remain en force and effect as if no such failure to enforce or exercise had occurred.

8. SEVERABILITY
In the event that any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by the Commission, or any court of com petent jurisdiction, the vali dity and enfo
rceability of the remaining provisions or any portion thereof shall not be affected.

9. APPLICABLE LAWS, RULES, AND REGULATIONS
This Agreement shall be subject to, and interpreted under the la ws, rules, decisions and regulations of the State of California, without regard to its conflict of laws principles, the Commission, and SCE's Commi
ssion-approved tariffs.

SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)

FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
3 10. CALIFORNIA PUBLIC UTILI TIES COMMISSION JURISDICTION

10.1 This is a filed form tariff agreement authorized by the Co mmission for use by SCE. No officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or amend any part of this Agreement except as provided herein or a uthorized by the Commission. This Agreement is to be used in conjunction with Sc hedule LS-1 and supplements the terms and conditions of the Applicant's electri c service under Schedule LS-1.

10.2 This Agreement shall at all times be subject to such chang es or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction.

10.3 Notwithstanding any other provisions of this Agreement, SC E has the right to unilaterally file with the Commission, pursuant to the Commission's rules an d regulations, an application for change in rates, charges, classification, servi ce, or rule or any agreement relating thereto.

11. ENTIRE AGREEMENT

This Agreement, including SCE’s Commission-approved tariffs, constitutes the complete agreement and understanding between the Applicant and SCE regarding the LED Fixtures replacement costs.

Prior agreements, representations, understandings, whether expr essed or implied, and communications, oral or written, between the Applicant and SCE shall not be construed to be a part of this Agreement.

12. AUTHORIZATION SIGNATURE

In witness whereof, the Parties hereto have caused this Agreeme nt to be signed by their duly authorized representatives.

APPLICANT

BY:

NAME:

TITLE:

DATE SIGNED:

SOUTHERN CALIFORNIA EDISON COMPANY

BY:

NAME:

TITLE:

DATE SIGNED:

Form 14-965
06/2016
4 SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT “A”
SCHEDULE LS-1 OPTION E,

ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT

APPLICANT

CUSTOMER ACCOUNT NO.

SERVICE ACCOUNT NO.

(Additional account numbers/addresses may be attached hereto.)

SERVICE ADDRESS

APPLICANT REQUESTED READY TO SERVE DATE

ASAP

SCE READY TO SERVE DATE

DESCRIPTION OF LED FIXTURES/SCOPE OF WORK: SPECIF Y HOW MANY STREET LIGHTING

FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS AGREEMENT AND OTHER RELEVANT DETAILS.

W.O. No(s):

CUSTOMER NAME MONTEBELLO, CITY OF
Customer Number: 1005063395
Lamp Wattage Lamp Count
Estimated
High Pressure
Sodium Vapor
(HPSV)
Annual Costs
Estimated
Light Emitting Diode
(LED)
Annual Costs
Estimated Annual
Savings
50 Watt 4 $590 $560 $30
70 Watt 56 $9,280 $8,040 $1,240
100 Watt 2,822 $534,770 $429,090 $105,680
150 Watt 212 $52,610 $36,860 $15,750
200 Watt 963 $276,760 $187,390 $89,370
250 Watt 35 $11,810 $8,190 $3,620
310 Watt 0 $0 $0 $0
400 Watt 24 $9,150 $6,080 $3,070
Total 4,116 $894,970 $676,210 $218,760
CONFIDENTIAL AND/OR PROPRIETARY INFORMATION OF SOUTHERN CALIFORNIA EDISON AND/OR ITS CUSTOMERS OR VENDORS. PUBLIC DISCLOSURE IS RESTRICTED.

This document is being provided in response to your request for an SCE specific rate analysis.  Unbundled service rates include SCE's delivery and Cost Responsibility Surcharge (CRS) costs; but exclude generation costs. For genertaion costs, please contact your Community Choice Aggegation Service Provider or Direct Access Electric Service Provider for more details.

This analysis is only a 12 month estimate and the results presented are based on HPSV Lamp Wattage and counts above as of April 2022, LED wattage conversion lamps available at this time, and March 1, 2022 rates.

This analysis excludes the following when applicable: Tap Device Charge, State Tax, Utility Users Tax, and Generation Municipal Surcharge.  The analysis does not include costs associated with Incandescent, Mercury Vapor, Low Pressure Sodium Vapor, Metal Halide, or already existing LED Lamps.  Actual costs may vary due to factors including but not limited to, rate changes, factor changes, wattage conversion changes, excluded cost components.

This analysis is provided to help you evaluate your current Sou thern California Edison (SCE) bill and/or compare your projecte d bills to other SCE rate options.  These results are based on your past u sage and/or assumptions about your energy usage and cannot be guaranteed by SCE.  This rate analysis may not reflect all of t he rate options that are available to you as an SCE customer.  Y our actual bills will vary from this analysis due to changes to your actual usage and assumptions such as operating hours, the equipment you us e, kVAR charges, weather patterns, service voltage, firm service levels, taxes, and added facilities charges.  Moreover, the rate opti ons used in this analysis are subject to change by the California Public Utiliti es Commission (CPUC), which would also alter the outcome of this analysis.

If your current rate schedule becomes unavailable — either by ac tion of the CPUC or because you are no longer eligible to be pl aced on the rate — you will be notified of your rate options.  If you do not  select a different applicable rate option at that time, you wi ll be placed on a default rate schedule.

SCE, Confidential HPSV Template_04.2022.xlsx 10/5/2022

CUSTOMER NAME MONTEBELLO, CITY OF
Customer Number: 1005063395
Lamp Wattage Lamp Count EEP Per Month*
Estimated Monthly
Savings
50 Watt 4 $1.42 $6
70 Watt 56 $1.48 $83
100 Watt 2,822 $1.55 $4,374
150 Watt 212 $1.67 $354
200 Watt 963 $1.93 $1,859
250 Watt 35 $2.26 $79
400 Watt 24 $2.88 $69
Total 4,116 $6,824
Estimated Additional Monthly Savings After 20 Years:  $6,824 Estimated Additional Annual Savings After 20 Years:  $81,882 Estimated Annual Savings During 20 Year Repayment:  $218,760 Estimated Annual Savings Post 20 Repayment:  $300,642
*EEP (Energy Energy Efficiency Premium) is based on rate factors effective 6/1/2022

CONFIDENTIAL AND/OR PROPRIETARY INFORMATION OF SOUTHERN CALIFORNIA EDISON AND/OR ITS CUSTOMERS OR VENDORS. PUBLIC DISCLOSURE IS RESTRICTED.

This analysis is provided to help you evaluate your current Southern California Edison (SCE) bill and/or compare your projected bills to other SCE rate options.  These results are based on your past usage and/or assumptions about your energy usage and cannot be guaranteed by SCE.  This rate analysis may not reflect all of the rate options that are available to you as an SCE customer.  Your actual bills will vary from this analysis due to changes to your actual usage and assumptions such as operating hours, the equipment you use, kVAR charges, weather patterns, service voltage, firm service levels, taxes, and added facilities charges.  Moreover, the rate options used in this analysis are subject to change by the California Public Utilities Commission (CPUC), which would also alter the outcome of this analysis.

If your current rate schedule becomes unavailable — either by action of the CPUC or because you are no longer eligible to be placed on the rate — you will be notified of your rate options.  If you do not select a different applicable rate option at that time, you will be placed on a default rate schedule.

SCE, Confidential Post EEP Template_04.2022.xlsx 10/5/2022

LS-1 Option E – Primer
Background
• LS-1 Option E is the tariff which allows local governments and street lighting customers to authorize and request SCE to replace older , less efficient technology with new LED fixtures. • There is no up-front cost to the customer and SCE manages the project from start to finish with a current wait time of approximately five months prior to commencing installation. • Fixture replacements are conducted quickly and safely, with minimal disrupt ion to area residents. There are no required outages and crews can work curbside safely. In fact, most people don’t even know SCE has replaced fixtures on their block until they notice the new street lighting. There are currently ~275,000 streetlights under this program throughout our service territory.
• The lights utilize less energy and contribute significantly to the reduction of your jurisdiction’s carbon footprint in addition to lowering cost and energy consumption.

Technology
• SCE utilizes GE Evolve Roadway Fixtures as the LED replacement technology. It is reliable, dark sky compliant, and robust in a variety of conditions. These lights provide significantly improved “visual acuity”, leading to increased nighttime visibility and a safer environment for motorists, cyclists, and pedestrians during the evening hours. • The process of implementation is initiated once SCE receives the signed LS-1 Option E authorization and the jurisdiction confirms streetlight preferences (i.e. W armer 3,000k or a mix of 3000k temperature in residential areas and 4,000k temperatures on main streets and arterials). Once color preference has been confirmed, SCE will order material and begin installation within about four to five months (slightly longer if changes are made to standard wattage levels).
• Life expectancy for the new technology is expected from between 12-20 years. The streetlights are replaced as needed by SCE as part of its routine streetlight maintenance program.

Cost Recovery
• LS-1 Option E includes a recovery mechanism embedded within the tariff, which recovers the cost of the initial installation and materials over 20 years. Because of this mechanism, customers see an immediate reduction in street lighting costs after implementation. There is no up-front cost required and no interest associated with the recovery mechanism. SCE is happy to provide a savings outlook specific to your community. • Savings are applied as soon as replacement efforts are complete d. SCE credits an account from the date of completion, so that regardless of any billing implementation delays, the jurisdiction will still benefit.

For additional information or to set up a presentation, please contact SCE’s Streetlight Projects Manager, John King at [email protected] or 626-201-7726.

ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Michael Solorza, Director of Finance
SUBJECT: TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2022

DATE: November 16, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2022.

FISCAL IMPACT:

Attached is a cash report and portfolio summary as of September 30, 2022 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.

The table below summarizes available cash by major type of account, comparing June 2021 vs. 2022 and September 2021 vs. 2022 ending balances. The “General” account combines Bank of the West, Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

As of September 30, 2022, total available cash was $9.653 million greater than the same quarter, prior year. Cash is down versus June 30, 2022, but that is expected as expenses fluctuate at different times each year. The City’s overall cash position has improved over the years. For example, the June balance for the past seven years is shown below:

Comparing September ending balances from prior years, in 2016 overall cash was $39.777 million, $35.503 million less than September, 2022 ($75.280 million).

The continuing strength of the City’s cash position is due to a number of reasons. A primary factor contributing to additional cash is proceeds from Measure H, the City’s ¾ cent transaction and use tax. Property tax receipts are also up, as overall assessed values in the City continue to grow. It should also be noted that monthly cash balances do fluctuate, as expenses can vary considerably from month to month, especially when comparing prior years. The City receives numerous grants from Federal, State and local governmental agencies, with expenses and concomitant revenue reimbursement varying depending on the grant award and the particular progress made in the project.

Despite these natural fluctuations in cash flow, one can see by the tables above that the City’s overall cash position has grown steadily over the past seven years, and remains strong. This improvement in cash flow ensures daily expenses are easily met, with no danger of having to postpone payments such as payroll or invoices due to lack of liquidity. Sufficient liquidity is just one of many positive signs of the City’s progress towards financial stability and security.

The City receives income from the investment of idle cash. This revenue varies based on balances and current interest rate environments. The historically low interest rates of the past decade have limited the amount of revenue received from idle cash investments. However, interest rates have risen markedly in the past twelve months, as the Federal Reserve raises the federal funds rate in an effort to combat high inflation.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

The effective rate of return on the City’s investment portfolio as of September 30, 2022 was 1.26%. It is useful to compare these rates of return to various U.S. Treasuries, as a general benchmark. Recent data (October 11) have the 10-year yield at 3.93%, 5-year at 4.14% and the 2-year yield at 4.30%. The inverted yield-curve – where shorter-term treasuries have higher yields than longer-term ones despite carrying lower risk – is not often seen, and is often viewed as a harbinger to a recession. The majority of the City’s idle cash is held in LAIF, with the September quarterly yield at 1.35%, up from 0.75% in June, and more than five times the September 2021 yield of 0.24%.

The City’s current investment policy allows funds to be invested in a broad range of Government Code approved fixed income vehicles. Staff will work to analyze opportunities that will help the City’s idle cash work harder (i.e., earn additional income) while not sacrificing safety or liquidity.

BACKGROUND/DISCUSSION:

State Government Code Section 53600 et al governs the investment of idle cash by local agencies. In addition, local agencies are required to have City Council approved investment policies which further dictate how funds are invested. Government Code Section 53646(b), as well as the City’s investment policy, provide for quarterly reporting of investment activity. The quarterly report, along with details found in Attachments A and B, are designed to provide additional information, comparing current year balances and performance to prior years, etc.

The City of Montebello holds idle cash in various depositories:
o Bank of the West checking accounts (i.e., General used to pay bills, Payroll for bi-weekly payroll, etc.)
o Local Agency Investment Fund (LAIF)
o Multi-Bank Securities (MBS) (i.e., Certificates of Deposit)

The investment of idle cash is predicated on the principals of: liquidity, safety and yield, in that order. The City earns interest from the various deposits, hence the diversification of where cash is held. However, the first and foremost priority is having adequate liquidity to pay daily operating costs: payroll, invoices for goods and services, etc.

Cash flow varies throughout the fiscal year, based on the timing of the receipt of revenue.

The receipt of property tax revenue in April and December causes the largest inflow in daily cash, followed by quarterly sales tax “true up” payments (i.e., March, June, etc.), receipt of Successor Agency revenue (Redevelopment Property Tax Trust Fund) in January and June, etc.

Therefore, the City maintains a reasonable balance in its checking account – the most liquid account utilized for daily expenses. The LAIF account with the State Treasurer provides additional liquidity. Depending on cash flow needs, withdrawals or deposits are made from/to the LAIF account into/out of the General checking account. Finally,

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

investment in Certificates of Deposit through a clearinghouse service (i.e., Multi-Bank Securities) provides additional yield with funds not needed for immediate liquidity deposited accordingly (approximately $2.232 million).

The table below provides an overview of the City’s major liquid cash accounts: Bank of the West checking and the two separate LAIF accounts, at quarter end from June, 2020 through September, 2022. The changing amounts in available cash illustrate the trends of incoming revenue vs. outgoing expenses throughout the year. The average quarterly balance for the City’s checking account since June 2020 is $6.329 million, more than sufficient to meet weekly and bi-weekly expenses such as accounts payable and payroll.

The City’s Investment Policy was most recently reviewed and approved by the City Council on June 8, 2022. Prior to that, the policy was reviewed, approved and updated on: June 23, 2021, October 28, 2020, and August 19, 2019. The Government Code requires an annual review and approval of the investment policy statement – even if no changes are made.

The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007. These infrequent reviews and updates were clearly in violation of Government Code, which has been rectified over the last three years. Moreover, Staff has endeavored to present a more thoroughly researched quarterly Treasurer’s report, with detailed background and explanations of the various investment accounts – a marked improvement over prior years reports presented with no discussion or analysis (when they were even presented).

In an effort to ensure the City complies with State law, the investment policy will continue to be presented annually along with budget adoption (June of each year). This process will ensure an annual review and update (as necessary) of the investment policy by the City Council, ensuring the City complies with State statutes.

The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022

Government Code. For the first time in the City’s year history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello, as its policies adhere to best practices.

ENVIRONMENTAL IMPACT:

N/A

ANALYSIS:

N/A

SUMMARY:

It is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2022.

ATTACHMENT(S)

1. Attachment A - Cash Report as of September 30, 2022

2. Attachment B - Portfolio Summary as of September 30, 2022

NEXT STEPS:

N/A

ATTACHMENT A

BANK OF THE WEST
Account Number Account Name 9/30/22
1 XXXX-XX770 Hous ing Successor Agency of the City of Montebello $1,055,112.27 2 XXXX-XX093 Successor A gency of the City of Montebello $456,747.12 3 XXXX- 71041 City of Montebello $2,002,714.64
4 XXXX- 00184 City of Montebello - FSA $7,936.56
5 XXXX-XX331 G eneral $3,429,416.48
6 XXXX-XX287 Trust & A gency $6,063.99
7 XXXX-XX803 P olice Retiree Health Account $771,200.47 8 XXXX-XX267 Payroll $0.00
9 XXXX-XX362 Fire Retiree H ealth Account $320,687.92
$8,049,879.45

STATE OF CALIFORNI
A
Account Number Account Name 9/30/22
1 XX-XX-551 General $50,945,633.35
2 XX-XX-068 Successor Agency City of Mtb for Mtb RDA $14,038,487.2 1 $64,984,120.56

FIRST MERCANTILE TRUST
Account Number Account Name 9/30/22
XXX-XX-X746 CORPORATE ACCOUNT $12.98
XXX-XX-X999 TRUST ACCOUNT $13,551.48
$13,564.46
Pershing LLC - CDs
Account Number Account Name 9/30/22
CD Enerbank USA (10/9/19-9/13/23) $249,000.00
CD Ally Bank (10/9/ 19-10/3/22) $247,000.00
CD Sallie Mae Bank (10/ 9/19-9/18/24) $247,000.00
CD RIA Federal Credit Union (10/11/19-10/11/23) $249,000.00 CD BMW Bank North Ameri ca (10/11/19-10/11/23) $247,000.00 CD Wells Fargo Bank ( 10/17/19-10/17/22) $249,000.00
CD Merrick Bank (10/ 18/19-10/18/24) $249,000.00
CD Morgan Stanley Bank ( 10/30/19-10/30/24) $247,000.00 CD HSBC Bank USA (5/7/20-5/7/25) $248,000.00
$2,232,000.00
Total General Cash/Investments $58,609,764.47
Total SA Cash/Investments $14,495,234.33
Total HSA Cash/Investments $1,055,112.27
Total T&A Cash/Investments $1,105,888.94
Total Trustee Cash $13,564.46
Total Cash/Investments $75,279,564.47

CITY OF MONTEBELLO

MONTHLY CASH REPORT (ALL ACCOUNTS)
BALANCE AS OF SEPTEMBER 30, 2022

CITY OF MONTEBELLO
Portfolio Management
September 30, 2022
Portfolio Summary
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
Maturity
Term
YTM
360 Equiv.

YTM
365 Equiv.

Local Agency Investment Funds 50,945,633.35 195.80 1.292150,945,633.3550,945,633.35 1.310 Savings Accounts 6.38 10.00 0.49316.386.38 0.500
Negotiable CDs 2,232,000.00 1,5334.20 1.7934702,232,000.002,232,000.00 1.818 53,177,639.73 100.00%
Investments
53,177,639.7353,177,639.73 65 21 1.313 1.331
Cash, Pending Redemptions and Accrued Interest
(not included in yield calculations)
Passbook/Checking 5,432,131.12 1 0.00015,432,131.125,432,131.12 0.000 60,131,172.26Total Cash, Pending Redemptions
and Investments
6,953,532.53Subtotal
1,834.92
60,131,172.2660,129,337.34
6,953,532.53
1,834.92
65 21 1.313 1.331
Accrued Interest at Purchase
Pending Redemptions 1,519,566.49 1,519,566.491,519,566.49 Current Year
September 30
68,009.25
Fiscal Year To Date
222,591.87
Average Daily Balance
Effective Rate of Return
65,497,510.94 72,840,436.82

1.21%1.26%
Total Earnings Month Ending
__________________________________________________ ____________________ .,
Portfolio GEN
CP
Reporting period 09/01/2022-09/30/2022
Run Date: 10/04/2022 - 11:39 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11

YTM
365

Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2022
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Local Agency Investment Funds

1.310STATE OF CALIFORNIA200 50,945,633.35 50,945,633.35 1.31007/01/2019 50,945,633.35SYS200 1 50,945,633.3550,945,633.3550,945,633.3559,645,633.35Subtotal and Average 1.310 1 Savings Accounts

0.500F&A FEDERAL CREDIT UNION500 6.38 6.38 0.50007/01/2019 6.38697530 1

1.918PACIFIC PREMIER/PLAZA BANK600 0.00 0.00 1.91807/01/2019 0.00950516181 1

6.386.386.386.38Subtotal and Average 0.500 1
Negotiable CDs

1.902ALLY BANK32 247,000.00 247,000.00 10/03/20221.90010/09/2019 247,000.0002007GMC4. 2

1.851BMW BANK NORTH AMERICA40 247,000.00 247,000.00 10/11/20231.85010/11/2019 247,000.0005580ASV7 375

1.801ENERBANK USA34 249,000.00 249,000.00 09/13/20231.80010/09/2019 249,000.0029278TLF5 347

1.300HSBC BANK USA53 248,000.00 248,000.00 05/07/20251.30005/07/2020 248,000.0044329ME33 949

1.902MERRICK BANK47 249,000.00 249,000.00 10/18/20241.90010/18/2019 249,000.0059013KDM5 748

1.902MORGAN STANLEY PRIVATE BANK31 247,000.00 247,000.00 09/05/20241.90010/09/2019 247,000.0061760AX53 705

1.801RIA FEDERAL CREDIT UNION43 249,000.00 249,000.00 10/11/20231.80010/11/2019 249,000.00749622AP1 375

1.902SALLIE MAE BANK33 247,000.00 247,000.00 09/18/20241.90010/09/2019 247,000.007954504D4 718

2.002WELLS FARGO BANK46 249,000.00 249,000.00 10/17/20222.00010/17/2019 249,000.00949763L46 16 2,232,000.002,232,000.002,232,000.002,520,166.67Subtotal and Average 1.818 470 65,497,510.94 53,177,639.73 1.331 2153,177,639.73 53,177,639.73Total and Average Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11

YTM
365

Par Value Book Value
Stated
RateMarket Value
September 30, 2022
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Checking Accounts

0.000BANK OF THE WEST100 5,432,131.12 5,432,131.1208/31/2019 5,432,131.12100 1

0.00 65,497,510.94 58,609,770.85 1.331 21
1 5,433,966.04
1,834.92
5,433,966.04
1,834.92
Subtotal
Accrued Interest at PurchaseAverage Balance
58,611,605.77 58,611,605.77Total Cash and Investments
Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM2) 7.3.11

Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
September 30, 2022
Portfolio Details with Earnings - Investments
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Local Agency Investment Funds
LAIF200 50,945,633.35 50,945,633.3507/01/2019 50,945,633.35SYS200 20,978.58 0.001.3101.310 1 50,945,633.3550,945,633.3550,945,633.3559,645,633.35Subtotal and Average 20,978.58 0.001 1.3101.310 Savings Accounts
F&A500 6.38 6.3807/01/2019 6.38697530 0.10 0.000.5000.500 1 PLAZA600 0.00 0.0007/01/2019 0.00950516181 -7,546.80 0.001.9181.918 1

6.386.386.386.38Subtotal and Average -7,546.70 0.001 0.5000.500 Negotiable CDs
ALLY32 247,000.00 247,000.00 10/03/202210/09/2019 247,000.0002007GMC4. 2,250.07 0.001.9011.900 2 BMW40 247,000.00 247,000.00 10/11/202310/11/2019 247,000.0005580ASV7 2,165.82 0.001.8511.850 375 ENERBA34 249,000.00 249,000.00 09/13/202310/09/2019 249,000.0029278TLF5 601.69 0.001.8001.800 347 HSBC53 248,000.00 248,000.00 05/07/202505/07/2020 248,000.0044329ME33 1,289.60 0.001.3001.300 949 MERR47 249,000.00 249,000.00 10/18/202410/18/2019 249,000.0059013KDM5 570.31 0.001.9021.900 748 MORGAN31 247,000.00 247,000.00 09/05/202410/09/2019 247,000.0061760AX53 2,262.93 0.001.9021.900 705 RIA43 249,000.00 249,000.00 10/11/202310/11/2019 249,000.00749622AP1 626.25 0.001.8011.800 375 SALLIE33 247,000.00 247,000.00 09/18/202410/09/2019 247,000.007954504D4 2,262.93 0.001.9021.900 718 WELLS46 249,000.00 249,000.00 10/17/202210/17/2019 249,000.00949763L46 614.06 0.002.0012.000 16 2,232,000.002,232,000.002,232,000.002,520,166.67Subtotal and Average 12,643.66 0.00470 1.8181.817 53,177,639.73 53,177,639.73 53,177,639.73 1.331 21 1.331 26,075.54 0.0065,497,510.94Total and Average Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11

Par Value Book Value
Accrued
InterestMarket Value
September 30, 2022
Portfolio Details with Earnings - Cash
Average
BalanceIssuer
Portfolio Management

CITY OF MONTEBELLO
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Checking Accounts
BOFW100 5,432,131.12 5,432,131.1208/31/2019 5,432,131.12100 0.00 0.000.0000.000 1 58,609,770.85
5,433,966.04
1,834.92
5,433,966.04
1,834.92
Subtotal
Accrued Interest at Purchase
58,611,605.77 58,611,605.77 1.208 19 1.208 26,075.54 0.00

0.00 65,497,510.94
Average Balance
Total Cash and Investments
Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM8) 7.3.11

Par Value
Stated
Rate
September 30, 2022
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal

CITY OF MONTEBELLO
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Local Agency Investment Funds
LAIF200 50,945,633.35 50,945,633.351.310SYS200 07/30 - Quarterly07/01/2019 50,945,633.351.3101.292 50,945,633.35Local Agency Investment Funds Totals 50,945,633.350.001.29250,945,633.35 1.310 Savings Accounts
F&A500 6.38 6.380.500697530 04/30 - Monthly07/01/2019 6.380.5000.493 PLAZA600 0.00 0.001.918950516181 05/31 - Monthly07/01/2019 0.001.9181.892

6.38Savings Accounts Totals 6.380.000.4936.38 0.500
Negotiable CDs
ALLY32 247,000.00 247,000.001.90010/03/202202007GMC4. 04/03 - 10/03 77.1510/09/2019 247,000.001.9021.876 BMW40 247,000.00 247,000.001.85010/11/202305580ASV7 04/11 - 10/1110/11/2019 247,000.001.8511.826 ENERBA34 249,000.00 249,000.001.80009/13/202329278TLF5 10/13 - Monthly Received10/09/2019 249,000.001.8011.776 HSBC53 248,000.00 248,000.001.30005/07/202544329ME33 11/07 - 05/0705/07/2020 248,000.001.3001.282 MERR47 249,000.00 249,000.001.90010/18/202459013KDM5 11/18 - Monthly10/18/2019 249,000.001.9021.876 MORGAN31 247,000.00 247,000.001.90009/05/202461760AX53 03/05 - 09/05 437.1610/09/2019 247,000.001.9021.876 RIA43 249,000.00 249,000.001.80010/11/2023749622AP1 11/11 - Monthly10/11/2019 249,000.001.8011.777 SALLIE33 247,000.00 247,000.001.90009/18/20247954504D4 03/18 - 09/18 270.0110/09/2019 247,000.001.9021.876 WELLS46 249,000.00 249,000.002.00010/17/2022949763L46 11/17 - Monthly10/17/2019 249,000.002.0021.975 2,232,000.00Negotiable CDs Totals 2,232,000.00784.321.7932,232,000.00 1.818 53,177,639.73Investment Totals 53,177,639.73784.3253,177,639.73 1.313 1.331 Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11

Par Value
Stated
Rate
September 30, 2022
Investment Status Report - Cash
Portfolio Management
Book Value
Maturity
Date
Current
Principal

CITY OF MONTEBELLO
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Checking Accounts
BOFW100 5,432,131.12 5,432,131.12100 07/31 - Monthly08/31/2019 5,432,131.120.0000.000 5,432,131.12Cash Totals
Total Cash and Investments 58,609,770.85
5,432,131.12
58,609,770.85

0.00 784.32
5,432,131.12
58,609,770.85 1.313 1.331
Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PMS) 7.3.11

Par Value
Mat/Sale
Settlement Date
September 30, 2022
Portfolio Details - Pending Redemptions
Issuer
Portfolio Management

CITY OF MONTEBELLO
Security # Investment #
Purchase
Settlement Date
Certificates of Deposit - CU
F&A FEDERAL CREDIT UNION52A 04/27/202204/27/202152A 280,566.49 ST. VINCENT'S MEDICAL FCU51 04/02/202104/02/202051 249,000.00 Subtotal 529,566.49
Negotiable CDs
CAPITAL ONE NA37 09/06/202210/10/201914042RNV9 247,000.00 CAPITAL ONE BANK USA NA35 09/06/202210/10/201914042TCM7 247,000.00 GOLDMAN SACHS BANK USA39 09/26/202210/10/201938149MGL1 247,000.00 MEDALLION BANK36 10/12/202110/10/201958404DFM8 249,000.00 Subtotal 990,000.00
Total Pending Redemptions 1,519,566.49
Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM7) 7.3.11
Report Ver. 7.3.11

Stated
Rate
Transaction
Date
September 1, 2022 through September 30, 2022
Activity By Type
Balance
Beginning
Balance
Ending
Portfolio Management

CITY OF MONTEBELLO
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Local Agency Investment Funds (Monthly Summary)
STATE OF CALIFORNIA200 0.001.310 9,000,000.00SYS200
9,000,000.0059,945,633.35 50,945,633.35Subtotal 0.00
Savings Accounts (Monthly Summary)

6.38 6.38Subtotal
Checking Accounts (Monthly Summary)
BANK OF THE WEST100 2,172,855.08 0.00100

0.003,259,276.04 5,432,131.12Subtotal 2,172,855.08
Negotiable CDs
CAPITAL ONE NA37 0.001.800 09/06/2022 247,000.0014042RNV9 CAPITAL ONE BANK USA NA35 0.001.800 09/06/2022 247,000.0014042TCM7 GOLDMAN SACHS BANK USA39 0.001.950 09/26/2022 247,000.0038149MGL1 741,000.002,973,000.00 2,232,000.00Subtotal 0.00
66,177,915.77 58,609,770.85Total 9,741,000.002,172,855.08 Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11

September 2021 through September 2022
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity

CITY OF MONTEBELLO
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
51,334,821.21September 2021 19 93 441.324 1.343 1.310 0 0 46,116,776.29October 2021 19 99 471.326 1.344 1.310 0 0 46,116,776.29November 2021 19 99 451.326 1.344 1.310 0 0 50,116,776.29December 2021 18 92 391.323 1.341 1.310 0 0 61,142,328.69January 2022 18 75 301.317 1.336 1.310 0 0 61,142,328.69February 2022 18 75 291.317 1.336 1.310 0 0 61,142,328.69March 2022 18 75 271.317 1.336 1.310 0 0
63,157,703.08April 2022 18 68 251.313 1.331 1.310 0 1
57,307,703.08May 2022 17 74 251.315 1.333 1.310 0 0
68,307,703.08June 2022 16 63 201.311 1.330 1.310 0 0
68,418,639.33July 2022 16 63 191.311 1.330 1.310 0 0
62,918,639.73August 2022 16 68 191.313 1.331 1.310 0 0
53,177,639.73September 2022 16 65 211.313 1.331 1.310 0 3 Average 57,723,089.55 1.318% 1.336% 1.310 0 0 78 3018
Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11