NOT YET APPROVED
156_20260423_ts24 1
Resolution No. _____
Resolution of Council of the City of Palo Alto Approving and Authorizing the City Manager to Execute Amendment 1 to the State of California’s Board of State and Community Corrections Grant Agreement BSCC 1164-23 for the Organized Retail Theft Grant Program
R E C I T A L S
A. The City and the State of California’s Board of State and Community Corrections entered into a grant agreement from October 1, 2023 through June 1, 2027, awarding approximately $5.17 million to the City to combat organized retail theft. The agreement number is BSCC 1164-23. (“Grant Agreement”).
B. The City now desires to approve Amendment 1 to the Grant Agreement to extend the term for one year to June 1, 2028, among other amendments to the terms (“Amendment 1”).
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Amendment 1 to the Grant Agreement as attached as Exhibit A to this Resolution is hereby approved. The City Manager is hereby authorized and directed, for and in the name and on behalf of the City, to execute Amendment 1 in substantially said forms.
SECTION 2. Upon City Council approval of any other amendments to the Grant Agreement, the City Manager is hereby authorized and directed, for and in the name and on behalf of the City, to execute such amendments.
SECTION 3. In the case the City Manager is absent or unavailable, any person holding such office in an interim or acting capacity is authorized to execute any amendments described in Sections 1 and 2 above.
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NOT YET APPROVED
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SECTION 4. This resolution shall take effect upon its adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
_____________________________
Chief of Police
NOT YET APPROVED
156_20260423_ts24 3
Exhibit A
Amendment No. 1 to Grant Agreement BSCC 1164-23
(see following pages)
STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC116423-A1 STANDARD AGREEMENT AGREEMENT NUMBER AMENDMENT NUMBER Purchase Authority Number STD 213A (Rev. 07/2019)
☒ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED
BSCC 1164-23 1 BSCC-5227
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
City of Palo Alto
2. The term of this Agreement is:
START DATE
OCTOBER 1, 2023
THROUGH END DATE
JUNE 1, 2028
3. The maximum amount of this Agreement after this Amendment is:
$5,176,812.00
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
This amendment adds one year to the term of the grant agreement. The new end date is June 1, 2028.
Exhibit A: Scope of Work, Item 5. Reporting Requirements is amended by replacing the prior schedule with the attached Exhibit A; Scope of Work, Item 5. Reporting Requirements.
Exhibit B: Budget Detail and Payment Provisions is amended by replacing the prior Exhibit B, Item 1.
Invoicing and Payments with the attached Exhibit B, Item 1. Invoicing and Payments.
Exhibit C: General Terms and Conditions is amended by adding the attached Exhibit C, Item 21.
Generative AI Disclosure Obligations.
All other terms and conditions shall remain the same.
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.) City of Palo Alto
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
250 Hamilton Avenue Palo Alto CA 94301
PRINTED NAME OF PERSON SIGNING TITLE
Ed Shikada City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
CONTRACTING AGENCY
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Ste 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 Exhibit A
Palo Alto PD
BSCC 1164-23 A1
EXHIBIT A: SCOPE OF WORK
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. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027
14. January 1, 2027 to March 31, 2027 May 15, 2027
15. April 1, 2027 to June 30, 2027 August 15, 2027
16. July 1, 2027 to September 30, 2027 November 15, 2027
17. October 1, 2027 to December 31, 2027 February 15, 2028
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan April 1, 2024
2. Final Local Evaluation Report June 1, 2028
C. Other Due no later than:
Financial Audit Report June 1, 2028
Grantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to a withholding of funds.
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
A. The Grantee shall be paid 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. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
Exhibit A
Palo Alto PD
BSCC 1164-23 A1
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027
14. January 1, 2027 to March 31, 2027 May 15, 2027
15. April 1, 2027 to June 30, 2027 August 15, 2027
16. July 1, 2027 to September 30, 2027 November 15, 2027
17. October 1, 2027 to December 31, 2027 February 15, 2028
Final Invoicing Periods*: Due no later than:
18. January 1, 2028 to March 31, 2028 May 15, 2028
19. April 1, 2028 to June 1, 2028 August 15, 2028
*Note: Project activity period ends December 31, 2027. The period of January 1, 2028, to June 1, 2028 is for completion of Final Local Evaluation Report and financial audit only.
B. All project expenses must be incurred by the end of the project activity period, December 31, 2027, and included on the final invoice due February 15, 2028. Project expenditures incurred after December 31, 2027 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by June 1, 2028. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of January 1, 2028, to June 1, 2028, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The Financial Audit Report is due to BSCC by June 1, 2028. Expenditures incurred for the completion of the financial audit during the period of January 1, 2028, to June 1, 2028, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
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 re view during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
Exhibit A
Palo Alto PD
BSCC 1164-23 A1
EXHIBIT C: GENERAL TERMS AND CONDITIONS
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
A. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
B. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
C. Notification shall be provided to the State designee identified in this Contract.
D. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
E. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
Exhibit A