San Marino City Council
September 14, 2022

FY 2020 HSGP NOFO
In January 2017, the Department of Homeland Security designated the infrastructure used to administer the Nation’s elections as critical infrastructure. This designation recognizes that the United States’ election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation.

Given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency.

Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, and similar facilities.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the urban area’s efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency.

As noted above, given the importance of the Nation’s election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state’s efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency.

Information Sharing and Cooperation Investment Justification (5 percent) Effective homeland security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areasis EXHIBIT F Page 297 of 471

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critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the urban area’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing.

Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis.

Emerging Threats Investment Justification (5 percent)
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies, rogue nations and non-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in support of the urban area’s efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA’s evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cybersecurity and Infrastructure Security Agency.

Development of Fusion Center Projects (SHSP and UASI)
If applicable, each applicant must identify a fusion center project that will:
• Indicate alignment to a designated Fusion Center.
• Provide both a brief narrative description and funding itemization for the proposed project activities that directly support the designated fusion center. • The descriptive narrative and the financial itemization should align improvement orsustainment requests with fusion center activities as they relate to the Fusion Center Performance Measures found in the Preparedness Grants Manual.

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• If the project description and funding itemization do not directly support the fusion center or clearly align to the Fusion Center Performance Measures, then the project may be conditionally approved until a Fusion Center Addendum is submitted.

Sample Fusion Center Funding Itemization
A sample project description and funding itemization are below. For the itemized projects, clearly identify the anticipated fusion center performance improvement or sustainment as a result of the proposed funding.

The X Fusion enhancement project will fund:
• Salaries, benefits, and training for X number of Fusion Center intelligence analysts • Travel costs associated with fusion center analyst training. • This project will directly sustain the Center’s current capabilities and performance and directly aligns with performance measures 2020.XXX.
• We anticipate seeing an improvement in the quality and quantity of analytic production and responses to requests for information as a direct result of the funding of this project.

The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example:

Solution Area and Amount of Proposed
Funding
Percent of Proposed
Funding
Planning: $10,000.00 2%
Organization: $200,000 48%
Equipment: $200,000 48%
Training: $10,000 2%
Exercises: $0 0%
Total: $420,000 100%
Completing IJs in the Grant Reporting Tool (GRT) (SHSP and UASI) In the Related Documents section of the Grants.gov posting, applicants can find the IJ template and instructions for collecting the required information for investments and projects. Additionally, applicants should utilize the Project Worksheet located in Grants.gov posting to assemble the information required for each project, which will facilitate the input of that information into the GRT.

Development of Concept of Operations for OPSG
As part of the FY 2020 OPSG application process, each eligible local unit of government at the county or Federally recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/Application, which is a formal proposal of action to address a specific situation and forms the basis for Operations Orders, in coordination with state and Federal law enforcement agencies, to include, but not limited to CBP/USBP. CONOPs that are developed at the county level should be inclusive of city, county, tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the CONOP/Application should describe participating agencies in the Executive Summary.

CONOP/Application details should include the names of the agencies, points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with EXHIBIT F Page 299 of 471

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the local USBP sector office, the SAA and the local unit of government. Requests for funding in CONOPs/Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector, as well as the national priorities identified below. USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and funding will be allocated based on the review and selection criteria identified in this NOFO.

OPSG Applicants will be required to clearly articulate and identify how the CONOPs will address the national priorities identified below.

Information Sharing and Cooperation
Effective border security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must be in support of the recipient’s efforts to enhance information sharing and cooperation with DHS and other federal agencies. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the OPSG program and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing. Additional resources and information regarding collaboration and information sharing are available through the Department’s Office of Intelligence and Analysis.

Emerging Threats
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies, rogue nations and non-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

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Given the increased risk of emerging threats, the CONOP must be in support of the recipient’s efforts to address emerging threats. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cybersecurity and Infrastructure Security Agency.

11. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372. See https://www.archives.gov/Federal-register/codification/executive-order/12372.html; https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.-2018.pdf.

12. Funding Restrictions
Federal funds made available through this award may be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal awards, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal Government or any other government entity. See the Preparedness Grants Manual for more information on funding restrictions.

13. Environmental Planning and Historic Preservation (EHP) Compliance See the Preparedness Grants Manual for information on EHP Compliance.

14. Emergency Communications Investments
If an entity uses HSGP funding to support emergency communications investments, the following requirements shall apply to all such grant-funded communications investments in support of the emergency communications priorities and recognized best practices:
• Applicants must describe in the investment how proposed communications investments align to needs identified in their SCIP. Effective project alignment will require advance coordination with the SWIC and consultation with governing bodies such as the SIGB or Statewide Interoperability Executive Committee (SIEC), as they serve as the primary steering group for the statewide interoperability strategy. Additionally, recipients should consult subject matter experts serving on governance bodies, such as broadband experts, chief information officers, representatives from utilities, or legal and financial experts, when developing proposals.
• The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance. The certification letter should be coordinated with the SWIC for each state and must be uploaded to ND Grants at the time of the first Program Performance Report (PPR) submission. • All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through Federal grants. Note that the designated full-time SWIC may also be the state’s or territory’s cybersecurity point of contact. SWIC status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities. • By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and EXHIBIT F Page 301 of 471

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mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc.

Following the initial update, the SCIP should be updated on an annual basis. SCIP status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities.

All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required) and must submit an After Action Report/Improvement Plan (AAR/IP) to the Homeland Security Exercise and Evaluation Program’s (HSEEP) electronic message inbox at [email protected] within 90 days of exercise completion. Exercises should be used to both demonstrate and validate skills learned in training and to identify gaps in capabilities. Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible.

Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators, public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate.

Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies, policies, and partners. Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government.

States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC, participation in governance bodies and requirements delineated above), training, exercises, and equipment costs.

Costs for transitioning to the FirstNet network may also be eligible. More information regarding FirstNet can be found in the Preparedness Grants Manual.

15. Detailed Budget
Applicants must provide budget summary worksheets for all funds requested at the time of application. The budget summary worksheets must be complete, reasonable, and cost-effective in relation to the proposed project and should provide the basis of computation of all projectrelated costs (including management and administrative costs) and any appropriate narrative.

FEMA must be able to thoroughly evaluate the projects being submitted based on the information provided. FEMA must be able to determine how much funding is being used by the direct recipient for projects carried out by the direct recipient and how much funding is being passed through to sub-recipients for each sub-program (UASI, SHSP, OPSG). Consequently, applicants must provide an appropriate level of detail within the budget summary worksheets to clarify what will be purchased and spent. Sample budget summary worksheets are available on the grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide to assist applicants in the preparation of budgets and budget narratives.

16. Funds Transfer Restriction
The recipient is prohibited from transferring funds between programs (includes the SHSP, the UASI, and OPSG). Recipients can submit an investment/project where funds come from multiple funding sources (e.g., the SHSP and UASI), however, recipients are not allowed to EXHIBIT F Page 302 of 471

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divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS/FEMA.

17. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and as included in the award agreement. To request pre-award costs, a written request must be included with the application, signed by the Authorized Representative of the entity. The letter must outline what the pre-award costs are for, including a detailed budget break-out of pre-award costs from the post-award costs, and a justification for approval.

18. Cost Principles
Costs charged to this award must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. For more information on 2 C.F.R. Part 200, please refer to FEMA GPD Information Bulletin 400, FEMA’s Implementation of 2 C.F.R. Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Super Circular” or “Omni Circular”).

19. Direct Costs
a. Planning
Planning costs are allowed under this program.
b. Organization
Organization costs are allowed under this program.
c. Equipment
Equipment costs are allowed under this program.
d. Training
Training costs are allowed under this program.
e. Exercises
Exercise costs are allowed under this program.
f. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. Under OPSG, overtime costs are allowable only in so far as they meet the intent of the program. All recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may not use more than 50 percent of their awards to pay for personnel activities unless a waiver is approved by FEMA. For more information on the 50 percent personnel cap, please see FEMA Information Bulletin (IB) 421, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412) – the PRICE Act.
g. Operational Overtime
Operational overtime costs are allowed under this program. Prior to use of funds for operational overtime, recipients must receive approval from DHS/FEMA.

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h. Travel
Domestic travel costs are allowed under this program, as provided for in this NOFO. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.
i. Construction and Renovation
Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction and renovation costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds. Applicants must use the EHP approval process. Limits on the total amount of grant funding that may be used for construction or renovation may apply. Additionally, recipients are required to submit Standard Form 424C. j. Maintenance and Sustainment
Maintenance- and sustainment-related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees, are allowable as described in FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants Policy (http://www.fema.gov/media-library/assets/documents/32474). k. Management and Administration (M&A) Costs
Management and administration (M&A) activities are those directly relating to themanagement and administration of HSGP funds, such as financial management and monitoring. A maximum of up to five percent of HSGP funds awarded may be retained by the state, and any funds retained are to be used solely for M&A purposes associated with the HSGP award.

Subrecipients may also retain a maximum of up to five percent of the funding passed through by the state solely for M&A purposes associated with the HSGP award.

Recipients or subrecipients may apply or credit M&A funding toward the recipient’s requirement to allocate funding toward the four national priority areas. For example, if a recipient spends $5,000 to manage or administer its funding dedicated toward its enhancing cybersecurity investment, the recipient may credit that funding toward its requirement to allocate at least 5 percent of its award to enhancing cybersecurity.

A state’s HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and OPSG awards. While the SAA may retain up to five percent of this total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum passthrough requirements that are applicable to each HSGP program. To meet this requirement, the percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be based on the state’s total HSGP award prior to withholding any M&A.

In retaining these funds, states may retain a maximum of 2.5 percent of the OPSG allocation, which must be withheld from the pass-through to each subrecipient county or tribe in an equal percentage. The SAA may also retain additional funding from its SHSP award to manage and administer the OPSG award, but that additional amount is also capped at an amount equal to

2.5 percent of the OPSG award. Examples applying this principle:

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SAA 1:

SHSP: $1,000,000
OPSG: $2,500,000
UASI: $2,500,000
M&A Maximum: $300,000 (5 percent of $6,000,000)
Maximum M&A for SHSP = $50,000
Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5 percent) may be retained from the OPSG allocation, and the other $62,500 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $50,000 available to manage the SHSP allocation.

SAA 2:

SHSP: $3,500,000
OPSG: $1,000,000
M&A Maximum: $225,000 (5 percent of $4,500,000)
Maximum M&A for SHSP: $175,000
Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5 percent) may be retained from the OPSG allocation, and the other $25,000 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $175,000 available to manage the SHSP allocation.

Please note, Information Bulletin (IB) 365: Management and Administration Costs in the Homeland Security and DHS/FEMA Policy 207-087-1, which can be found at http://www.fema.gov/library/viewRecord.do?id=7837, do not apply to awards made in FY 2020 under this NOFO. The IB and Policy remain in effect for all previous awards.

L. Critical Emergency Supplies
Critical emergency supplies are allowed under this program.

M. Secure Identification
Secure Identification costs are allowed under this program.

N. Indirect (Facilities & Administrative [F&A]) Costs
Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above.

O. General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General purpose equipment, like all equipment funded under the HSGP, must be sharable through the EXHIBIT F Page 305 of 471

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Emergency Management Assistance Compact (EMAC)3 and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

Examples of such general-purpose equipment may include:
• Law enforcement vehicles;
• Emergency medical services (EMS) equipment and vehicles; • Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized chemical, biological, radiological, nuclear, and explosives (CBRNE) response;
• Interoperability of data systems, such as computer aided dispatch (CAD) and record management systems (RMS); and
• Office equipment for staff4 engaged in homeland security program activity.

Equipment allowability is based on the Authorized Equipment List (AEL) but exceptions may be considered on a case-by-case basis if (1) the equipment identified to be purchased directly maps to a core capability contained within the Goal, and (2) the equipment’s purpose (when operational) falls under the permitted use of funds in accordance with 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

P. Allowable Cost Matrix
The following matrix provides allowable cost activities that fall under each of the cost categories noted above. Recipients and subrecipients must follow all applicable requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funds under HSGP may be used to cover the costs for evaluating the impact of these grants on the state or urban area’s core capabilities and capability gaps. This list is not exhaustive, therefore, if there are any questions regarding allowable costs, please contact the appropriate HQ GPD Program Analyst. For additional information on allowable costs, see the Preparedness Grants Manual.

Allowable Program Activities SHSP UASI OPSG
Allowable Planning Costs
Developing hazard/threat-specific annexes Y Y N
Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA nationalinitiatives Y Y N
Developing related terrorism and other catastrophic event prevention activities Y Y N Developing and enhancing plans and protocols Y Y N
Developing or conducting assessments Y Y N
Hiring offull- or part-time staff or contract/consultantsto assist with planning activities Y Y N
Materials required to conduct planning activities Y Y N Travel/per diem related to planning activities Y Y Y
Overtime and backfill costs (in accordance with operational Cost Guidance) Y Y Y Issuance of WHTI-compliant Tribal identification cards Y N N Activitiesto achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency. Y Y N 3 Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time.
4 This applies to all homeland security personnel and is not limited to management and administration staff, and costs are to be captured outside the cap on management and administration costs EXHIBIT F Page 306 of 471

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Allowable Program Activities SHSP UASI OPSG
Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Y Y N
Update governance structures and processes and plans for emergency communications Y Y N Development, and review and revision of continuity of operations plans Y Y N Development, and review and revision of the THIRA/SPR continuity of operations plans Y Y N Allowable Organizational Activities
Note: Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent thatsuch expenses are for the allowable activities within the scope of the grant.

Program management Y Y N
Development of whole community partnerships Y Y N
Structures and mechanisms for information sharing between the public and private sector Y Y N
Implementing models, programs, and workforce enhancement initiatives Y Y N Tools,resources, and activitiesthatfacilitate shared situational awareness between the public and private sectors Y Y N
Operational support Y Y N
Utilization of standardized resource management concepts Y Y N Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Y Y N Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Y Y Y Overtime forinformation, investigative, and intelligence sharing activities(up to 50 percent of theallocation) Y Y Y
Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups orfusion center activities(up to 50 percent of theallocation). Y Y Y
Allowable Equipment Categories
Personal Protective Equipment Y Y Y
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment Y Y N CBRNE Operational Search and Rescue Equipment Y Y N
Information Technology Y Y Y
Cybersecurity Enhancement Equipment Y Y N
Interoperable Communications Equipment Y Y Y
Detection Y Y Y
Decontamination Y Y N
Medical countermeasures Y Y Y
Power (e.g., generators, batteries, power cells) Y Y Y
CBRNE Reference Materials Y Y N
CBRNE Incident Response Vehicles Y Y N
Terrorism Incident Prevention Equipment Y Y Y
Physical Security Enhancement Equipment Y Y Y
Inspection and Screening Systems Y Y Y
Animal Care and Foreign Animal Disease Y Y N
CBRNE Prevention and Response Watercraft Y Y N
CBRNE Prevention and Response Unmanned Aircraft Y Y N
CBRNE Aviation Equipment Y Y N
CBRNE Logistical Support Equipment Y Y N
Intervention Equipment (e.g., tactical entry, crime scene processing) Y Y Y Critical emergency supplies Y Y N
Vehicle acquisition, lease, and rental N N Y
Other Authorized Equipment Y Y Y
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Allowable Program Activities SHSP UASI OPSG
Allowable Training Costs
Overtime and backfillfor emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Y Y N
Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Y Y N
Training workshops and conferences Y Y Y
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Y Y N Full- or part-time staff or contractors/consultants Y Y Y Travel Y Y Y
Supplies Y Y N
Instructor certification/re-certification Y Y N
Coordination with Citizen Corps Councils in conducting training exercises Y Y N Interoperable communications training Y Y N
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Immigration enforcement training Y Y Y
Allowable Exercise Related Costs
Design, Develop, Conduct, and Evaluate an Exercise Y Y N Full- or part-time staff or contractors/consultants Y Y N Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises Y Y N Implementation of HSEEP Y Y N
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs Y Y N
Travel Y Y N
Supplies Y Y N
Interoperable communications exercises Y Y N
Allowable Exercise Related Costs
Activities to achieve planning inclusive of people with limited English proficiency Y Y N Allowable Management & Administrative Costs
Hiring of full- or part-time staff or contractors/consultants to assist with the management of the respective grant program, application requirements, and compliance with reporting and data collection requirements Y Y Y Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Y Y Y
Overtime and backfill costs Y Y Y
Travel Y Y Y
Meeting related expenses Y Y Y
Authorized office equipment Y Y Y
Recurring expenses such as those associated with cell phones and faxes during the PoP of the grant program Y Y N
Leasing or renting of space for newly hired personnel during the PoP of the grant Program Y Y N
Law Enforcement Terrorism Prevention Activities (LETPA) Costs Integration and interoperability of systems and data, such as CAD and RMS, to facilitate the collection, Y Y N
Maturation and enhancement of designated state and major Urban Area fusion centers Y Y N
Coordination between fusion centers and other analytical and investigative efforts Y Y N EXHIBIT F Page 308 of 471

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Allowable Program Activities SHSP UASI OPSG
Implementation and maintenance of the Nationwide SAR Initiative Y Y N Implementation of the "If You See Something, Say Something®" campaign Y Y N Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical Y Y N Building and sustaining preventive radiological and nuclear detection capabilities Y Y N E. Application Review Information

1. Application Evaluation Criteria
a. Programmatic Criteria
Allocations
Risk Methodology and Effectiveness Review
The risk methodology and effectiveness review first determine the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad.

See the Preparedness Grants Manual and Application Evaluation Criteria for additional information on risk methodology and effectiveness review.

The second part of the risk methodology and effectiveness review determines whether the proposed project is clear, logical, and reasonable to address the priority area of interest and contribute to a culture of national preparedness. This part considers factors such as how well the project is described and how well the project addresses the objectives and strategies of the priority area.

Risk and effectiveness will be given equal consideration in determining final award amounts.

NOTE: The THIRA/SPR process is separate from the risk methodology and effectiveness review, and its results do not affect grant allocations.

Evaluation Criteria
FEMA will evaluate the FY 2020 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments. FEMA’s review will include verification that each IJ or project:
• Meets the national priority required spend percentages. • Aligns with at least one core capability identified in the Goal; • Demonstrates how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process; and
• Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements.

EXHIBIT F Page 309 of 471

FY 2020 HSGP NOFO
In addition to the above, FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness. This part considers factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome legal, political, or practical obstacles to reduce overall risk, the process and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations. Effectiveness will be evaluated prior to award and may impact the final overall award amount. To that end, IJs should include:
• How the proposed investment addresses the national priority; • An explanation of how the proposed projects were selected and will achieve objectives and strategiesto build orsustain the core capability gapsidentified in the SPR, including expected long-term impact where applicable;
• A summary of laws, policies and practices that can be enhanced, eliminated, or otherwise changed in order to achieve the goals of the project and foster a culture of national preparedness;
• A summary of the collaboration efforts to prevent, prepare for, protect against, and respond to acts of terrorism as well as anticipated outcomes of the project.

For FY 2020 HSGP applications, effectiveness will be evaluated based on the following five factors:
• Investment Strategy (30%): Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing, preparing for, protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.
• Budget (10%): Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures.
• Impact/Outcomes (30%): Proposals will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and addresses national priorities outlined in the FY 2020 NOFO. Further, proposals will be evaluated on their identification and estimated improvement of core capability(ies), theassociated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement. • Collaboration (30%): Proposals will be evaluated based on the degree to which the proposal adequately details how the recipient will use investments and other means to overcome existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources. • Past Performance (additional consideration): Proposals will be evaluated based on the EXHIBIT F Page 310 of 471

FY 2020 HSGP NOFO
applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.

Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested.

Review and Selection Process (SHSP and UASI)
To ensure the effectiveness of proposed investments and projects, all applications will undergo a Federal review as described herein. The Federal review will be conducted by DHS and FEMA. IJs will be reviewed at both the investment and project level. Results of the effectiveness analysis may result in a recipient receiving a reduced grant award.

Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

As part of the above, Fusion center projects will be reviewed by DHS/FEMA for compliance with HSGP NOFO requirements to prioritize the alignment of requests with results from the annual Fusion Center Assessment Program. If a fusion center investment does not meet the requirements, a Fusion Center Addendum must be completed and submitted for review and approval prior to expending funds allocated to fusion center activities.

Emerging threats investments will be reviewed by DHS/FEMA, DHS Countering Weapons of Mass Destruction Office, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

All other proposed investments not associated with a required investment justification will undergo a Federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO.

Review and Selection Process (OPSG)
Applications will be reviewed by the SAA and USBP for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the EXHIBIT F Page 311 of 471

FY 2020 HSGP NOFO
Operations Orders. For more information on Operations Orders and other requirements of OPSG, see the Preparedness Grants Manual.

DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the Federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security.

FY 2020 OPSG funds will be allocated competitively based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary, who may consider information and input from various law enforcement offices or subject-matter experts within the Department. Factors considered include, but are not limited to, threat, vulnerability, miles of the border, and other border-specific law enforcement intelligence, as well as the feasibility of FY 2020 Operations Orders to designated localities within border states and territories.
b. Financial Integrity Criteria
Prior to making a Federal award, DHS/FEMA is required by 31 U.S.C. § 3321 note, 41 U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMBdesignated repositories of government-wide eligibility qualification or financial integrity information. Application evaluation criteria may include the following risk-based considerations of the applicant:
• Financial stability;
• Quality of management systems and ability to meet management standards; • History of performance in managing Federal awards;
• Reports and findings from audits; and
• Ability to effectively implement statutory, regulatory, or other requirements. c. Supplemental Financial Integrity Review
Prior to making a Federal award where the anticipated Federal share of a Federal award will be greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 115-91, OMB Memorandum M-18-18 at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-

18.pdf; see also FEMA GPD Information Bulletin No. 434, Increases and Changes to the MicroPurchase and Simplified Acquisition Thresholds):
• DHS/FEMA is required to review and consider any information about the applicant in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS) and is also accessible through the SAMwebsite. • An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a Federal awarding agency previously entered. • DHS/FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants, as described in 2 C.F.R. § 200.205.

EXHIBIT F Page 312 of 471

FY 2020 HSGP NOFO
F. Federal Award Administration Information

1. Notice of Award
See the Preparedness Grants Manual for information on Notice of Award.

2. SHSP and UASI Pass-Through Requirements
Awards made to the SAA for HSGP carry additional pass-through requirements. Pass-through is defined as an obligation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. Four requirements must be met to pass-through grant funds:
• The SAA must make a firm written commitment to passing through grant funds to subrecipients;
• The SAA’s commitment must be unconditional (i.e., no contingencies for the availability of SAA funds);
• There must be documentary evidence (i.e., award document, terms, and conditions) of the commitment; and
• The award terms must be communicated to the subrecipient.

Timing and Amount
The SAA must pass-through at least 80 percent of the funds awarded under the SHSP and UASI to local or tribal units of government within 45 calendar days of receipt of the funds. “Receipt of the funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier.

SAAs are sent notification of HSGP awards via the GPD’s ND Grants system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the ND Grants system.

It is important to note that the PoP start date does not directly affect the start of the 45-calendar days pass-through period. For example, an SAA may receive notice of the HSGP award on August 20, 2020, while the PoP dates for that award are September 1, 2020, through August 31, 2022. In this example, the 45-day pass-through period will begin on the date the SAA accepts the HSGP award or September 4, 2020 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The PoP start date of September 1, 2020 would not affect the timing of meeting the 45-calendar day pass-through requirement.

Other SHSP and UASI Pass-Through Requirements
The signatory authority of the SAA must certify in writing to DHS/FEMA that pass-through requirements have been met. A letter of intent (or equivalent) to distribute funds is not considered sufficient. The pass-through requirement does not apply to SHSP awards made to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement, and its SAA must also obligate at least 80 percent of the funds to local units of government within 45 calendar days of receipt of the funds.

EXHIBIT F Page 313 of 471

FY 2020 HSGP NOFO
Under SHSP, the SAA may retain more than 20 percent of funding for expenditures made by the state on behalf of the local unit(s) of government. This may occur only with the written consent of the local unit of government, specifying the amount of funds to be retained and the intended use of funds. States shall review their written consent agreements yearly and ensure that they are still valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2020, unless the written consent review indicates the local government is no longer in agreement. If modifications to the existing agreement are necessary, the SAA should contact their assigned FEMA HQ Program Analyst.

Additional OPSG Requirements
The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county-level or equivalent Operational Order/Fragmentary Operations Order budget has been reviewed and approved through an official electronic mail notice issued by DHS/FEMA removing this special programmatic condition.

3. Administrative and National Policy Requirements
See the Preparedness Grants Manual for information on Administrative and National Policy requirements.

4. Reporting
See the Preparedness Grants Manual for information on reporting requirements, including federal financial reporting requirements, programmatic performance reporting requirements, and closeout reporting requirements.

Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process
See the Preparedness Grants Manual for information on the THIRA and SPR process.

Supplemental Information Reporting Systems
In addition to ND Grants, the following information systems are used for the submission of required reports:

Grant Reporting Tool (GRT)
Information on the GRT can be found in the Preparedness Grants Manual.

Unified Reporting Tool (URT)
See the Preparedness Grants Manual for information on the URT.

Closeout Reporting Requirements
See the Preparedness Grants Manual for information on closeout reporting requirements.

Disclosing Information per 2 C.F.R. § 180.335
See the Preparedness Grants Manual for information on disclosing information.

5. Monitoring
Per 2 C.F.R. § 200.336, DHS/FEMA through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control EXHIBIT F Page 314 of 471

FY 2020 HSGP NOFO
systems to review project accomplishments and to provide any required technical assistance. During site visits, DHS/FEMA will review grant recipients’ files related to the grant award. As part of any monitoring and program evaluation activities, grant recipients must permit DHS/FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to DHS/FEMA requests for information relating to the grant program. See the Preparedness Grants Manual for additional information on monitoring.

G. DHS/FEMA Awarding Agency Contact Information

1. Contact and Resource Information
Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by DHS/FEMA for grant stakeholders. CSID provides general information on all DHS/FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the Federal, state, and local levels. When necessary, recipients will be directed to a Federal point of contact who can answer specific programmatic questions or concerns. CSID can be reached by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

GPD Grant Operations Division
GPD’s Grant Operations Division Business Office provides support regarding financial matters and budgetary, technical assistance. Additional guidance and information can be obtained by contacting the FEMA Call Center at 866-927-5646 or via e-mail to [email protected].

FEMA Regional Offices
FEMA Regional Offices may also provide fiscal support, including pre- and post-award administration and technical assistance such as conducting cash analysis, financial monitoring, and audit resolution for the grant programs included in this solicitation. GPD will provide programmatic support and technical assistance. FEMA Regional Office contact information is available here.

GPD Environmental Planning and Historic Preservation (EHP) The DHS/FEMA GPD EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected]. EHP Technical Assistance, including the EHP Screening Form, can be found online at https://www.fema.gov/media-library/assets/documents/90195.

2. Systems Information
Grants.gov
For technical assistance with Grants.gov, call the customer support hotline 24 hours per day, 7 days per week (except Federal holidays) at (800) 518-4726 or e-mail at [email protected].

Non-Disaster (ND) Grants
For technical assistance with the ND Grants system, please contact the ND Grants Helpdesk at EXHIBIT F Page 315 of 471

FY 2020 HSGP NOFO
[email protected] or (800) 865-4076, Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

Payment and Reporting System (PARS)
DHS/FEMA uses the Payment and Reporting System (PARS) for financial reporting, invoicing and tracking payments. DHS/FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT, recipients must complete a Standard Form 119A, Direct Deposit Form.

H. Additional Information
GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant funding on how to manage their grants and other resources. Recipients seeking guidance on policies and procedures for managing preparedness grants should reference the Manual for further information. Examples of information contained in the Preparedness Grants Manual include:
• Conflicts of Interest in the Administration of Federal Awards and Subawards; • Extensions;
• Monitoring;
• Procurement Integrity; and
• Other Post-Award Requirements.

In response to recent disasters, FEMA has introduced a new lifelines construct, in order to enable the continuous operation of government functions and critical business essential to human health, safety, or economic security during and after a disaster. To learn more about lifelines, please refer to the Preparedness Grants Manual, or visit http://www.fema.gov/nationalplanning-frameworks.

Additionally, recipients can access the DHS Strategic Framework for Countering Terrorism and Targeted Violence which explains how the department will use the tools and expertise that have protected and strengthened the country from foreign terrorist organizations to address the evolving challenges of today.

EXHIBIT F Page 316 of 471

3. Taxpayer ID #:

2. Mailing Address (please let us know where you want your check delivered, including attention line if necessary):

No Yes (attach State
Approval)
If Competitive,
indicate the # of
bids.

Non-Competitive
Bid Sole Source

8. TOTAL
I certify that (please use the checkbox):

3. 4.

5. AUTHORIZED CONTACT INFORMATION (If different from Section B):

PHONE #
E-MAIL:

Revised on December 2019
NOTE: This Form is intended for Internal SSD review purpose only.

AUTHORIZED PRINTED NAME AUTHORIZED TITLE
ASSIGNED INVOICE NO.:

2. All instructions for this form were followed and all the supporting documentation (per instructions) is included with this claim.

AUTHORIZED SIGNATURE DATE
$ -
SECTION D: SUB-RECIPIENT'S CERTIFICATION SECTION E: FOR SSD USE ONLY

1. I am the duly authorized officer of the claimant herein and this claim is in all respect true and correct. All expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances.

STAMP WITH RECEIVED DATE HERE:

7.CLAIM
AMOUNT
(indicate the
amount per each
line)
SECTION C: DETAIL PAYMENT REQUEST INFORMATION

1. SOLUTION AREA
(e.g. equipment, training,
planning, exercise, organization)

2. PROJECT #
(e.g. 011.22)

4. EHP required?
(Environmental & Historic
Preservation)

5. VENDOR'S INVOICE #
(Maximum of 5 invoices)

6. PURCHASE METHOD
(including Training)

4. Contact's e-mail:

4. Contact's phone:

1. Sub-recipient's Name: (reimbursement check will be made payable to a payee entered here)

4. Contact's Name:

Please submit Grant Payment Request Form along with legible supporting documents to: 1. Grant Name & Year:

[email protected]
In the event e-mail is not available, you can mail your Grant payment request to (please do not fax or send duplicates):

Department of Auditor-Controller
Shared Services Division / Attn: Grants Unit

LOS ANGELES COUNTY/DEPARTMENT OF AUDITOR-CONTROLLER

SHARED SERVICES DIVISION

GRANT PAYMENT REQUEST
SECTION A: SUBMITTING YOUR REQUEST
3470 Wilshire Blvd., Suite 812
Los Angeles, CA 90010
SECTION B: SUB-RECIPIENT'S INFORMATION
EXHIBIT G Page 317 of 471
Purpose of these instructions:

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. 2.

3. 4.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. 2.

4. a)
Ensuring that all documents attached to your Grant payment requests are legible.

COUNTY OF LOS ANGELES

DEPARTMENT OF AUDITOR-CONTROLLER / SHARED SERVICES DIVISION

INSTRUCTIONS TO COMPLETE THE GRANT PAYMENT REQUEST
To assist sub-recipients in completing the Grant Payment Request. We appreciate your participation in this program, for questions or suggestions please use our e-mail below to contact us. Please do not send these instructions to us, they are to be used for your guidance only.

SECTION A: GENERAL INSTRUCTIONS FOR SUBMISSION OF GRANT PAYMENT REQUEST In numeral 1 of this section, please enter the name and year of the grant program that you are submitting for payment. In addition, please help us expedite the process of your Homeland Security claims by:

Completing the Grant payment request correctly and according to these instructions.

Submitting your Grant payment request using our e-mail --> [email protected] (please do not fax documents).

Sending your Grant payment request only once (we do not require original documents and duplicates will slow down our process).

Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are flagged for your convenience with a checkbox within the corresponding areas.

Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the final due date. Reimbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are incurred.

SECTION B: SUB-RECIPIENT'S INFORMATION
Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you need it to appear in the payee line of the reimbursement check.

Please enter the complete address (street number and name, city, zip code) and attention line where you will need to receive the reimbursement check. Please note that this is not necessary for L.A. County departments.

Please enter the tax ID of the governmental entity requesting payment. Please leave blank for L.A. County departments.

Please enter the information of the person that can assist us with detail claim questions.

SECTION C: DETAIL PAYMENT REQUEST INFORMATION:

In order to expedite your Grant payment request, in this area's grid, include a maximum of five (5) invoices or reimbursements charges (one charge or one invoice per line). The invoices or charges need to share the same solution area, project #.

Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant. Examples of solution areas are:
equipment, training, planning or exercise.

Enter the project # corresponding to the claim. This information is found in the latest budget of the grant. An example of Item # is 17.020.

Check with an X under either yes or no according to the claim's Environmental & Historical Preservation (EHP) requirements from the State. EHP approval needs to be obtained from the State prior to the start of the project on certain equipment items (see AEL description) or training/exercise projects. Please attach the following:

State EHP Approval: if required by the state for your claim.

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EXHIBIT G Page 318 of 471

5. a)
b)
c)
d)
e)
f)
g)

6. a)
b)
c)

7. 8.

SECTION D: SUB-RECIPIENT'S CERTIFICATION
The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. 2.

3. 4 &

5. SECTION C: (Continued)
If the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice # in the grid area. Please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the following documentation with your claim:

Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described in your grant line item and AEL #. When the invoice includes items that are not being claimed or that belong to different claims or grants, please circle and designate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project #, a funding source, and a total. Purchase orders and price quotes will not be accepted in the place of the invoice.

Copy of the purchase order
Print out of the corresponding AEL # (Authorized Equipment List number). The AEL listing can be found at:
https://www.rkb.us/fema_grants.cfm
Proof of payment of the invoice: The proof of payment for L.A. County Departments is the printout from e-CAPS showing that the check cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check .

Calculations for use tax paid: When use tax is paid, clearly show the calculations of the use tax in the invoice included in your claim.

Proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax to the state, the amount and the reference to the invoice being claimed.

Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at http://www.sam.gov/portal/public/SAM. (you will need a username and a password; if you don't please create an account) . The listing needs to be queried prior to the selection of the vendor.

If you are claiming services, supplies, training related costs, or any other type of items purchased thru a vendor or contractor or government agency, please indicate with an X the method that you used to acquire the items (do not leave blank or mark more than one). Please note that competitive bid, non-competitive bid or sole source are the only valid purchasing methods.

Competitive Bid: for projects that received more than one bid. Please indicate number of bids received (must be more than one).

Non-Competitive Bid: for single bid purchases of $250,000 or more (effective June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.

Sole Source: for non-bid purchases of $250,000 or more effective (June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.

Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient, please let your Program Coordinator know of the possible need for budget modification.

Enter the "Total Amount" by adding the subtotal claims included in each line.

Please read and check the box provided if you are an authorized signor.

Please read and check the box provided if you are an authorized signor.

Please sign the Grant payment request if you are an authorized signor of your agency.

When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. If the authorized person and the contact person in Section B are different, please enter all the fields in this area as requested.

Revised on 11/20/2017
EXHIBIT G Page 319 of 471
a)
For Training Claims:
a)
b)
c)
If you are including personnel cost with your training claim, please add the following:
d)
e)
f)
g)
h)
i)
ADDITIONAL ITEMS THAT YOU NEED TO ATTACH TO YOUR GRANT PAYMENT REQUEST:

For Equipment Claims:

Equipment Inventory Listing (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. If there is no serial # for your equipment please assign a valid ID tag, or write "Consumable" (if it applies) or write N/A. please do NOT leave the corresponding space blank. *1Please refer to the Instructions to Equip Inty Tab for completion procedures of Equipment Inventory.

Additionally, please enter the appropriate CBRNE Mission (Chemical, Biological, Radiological, Nuclear, or Explosive) in the column titled "Equipment Description & Quantity". This only applies to vehicles with AEL # 12VE-00-MISS (Vehicle Specialized Mission:CBRNE).

You need to inform us of any changes on the items above *1. This applies to each piece of equipment added in the Inventory Listing, including when the items are disposed and/or no longer useful. We will update the master inventory listing (per grant requirement) according to the information you give us. Please make sure that you include all the attachments that are necessary to provide us with the requested information.

State Sole Source Approval: If you are claiming training related costs thru a Non-Competitive Bid or Sole Source training provider, regardless the purchased amount, please attach the State's approval (effective December 03, 2018). The approval needs to be requested from the State prior to the start of the project.

State-Sponsored Training Reporting Form (with the tracking request #): Please add this form along with the Training Request Form Training Officer (POC), which you completed at the website, to the claim's backup documentation. All the backup documentation submitted for the training claim needs to agree with the training period and the detail description on the Training Reporting Form and the line item of the Grant. Training request #'s must be obtained from the State prior to the start of the project.

Receipts and paid invoices: please include the complete copy of the receipts and paid invoices with your claim for itemized costs such as air plane tickets, hotel stays, instructor's fees, workshop cost, facilities fees, consulting services, etc. Additionally, you will need to include the documents requested in numeral 5 under Section C.

Personnel List (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits.

Documents that certify completion of the training: please attach supporting documents that show the class name, dates of training, # of hours of the training class, printed name and signature of individual taking the class and approval signature from supervisor or trainer (attach the information for backfilled positions also). Examples of documents that certify completion of training are:

Attendance sheets (signed by employee and instructor)
Sign in sheets (same as above) Signed training certificates Summary Listing of Charges: Please use the Training Summary Sheet form provided in this claim packet that clearly shows the breakdown of the training charges per employee and that match the total claimed. This form includes the following: employee name, assignment, job title, date, salary, hours claimed, regular rate, overtime rate, employee benefits rate, claim amount per employee, clear calculations of amount claimed per employee and total (equal to the amount claimed).

Please ensure that the Training Summary Sheet is verified/approved by an authorized signatory, with printed name and title, and dated.

Backup for the Benefits Rate: If you are adding benefits to your claim, please make sure that you include the official calculation for the rate used.

Timecards: Include a printout of the corresponding timecards. Manual timecards need to indicate the # of hours charged per day to the grant, supervisor's signature, employee name and signature. Automatic system generated timecards need to be approved and include the name of the employee and hours charged per day to the grant.

Explanation of timekeeping codes: When the supporting documentation (timesheet, payroll register, etc.) includes timekeeping codes please provide a printout with the explanation of the usage as detailed as possible.

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EXHIBIT G Page 320 of 471
j)
k)
For Planning Claims:
a)
b)
c)
d)
a)
b)
c)
Deliverable (or final product): Please include with your claim the final product of the planning activity (deliverable) that was identified in the grant award.

Payroll register: The payroll register needs to clearly support and explain the amount claimed per employee. It also needs to show the salary, hourly rate, employee benefits and overtime rate.

Roster of backfilled positions: When you are claiming overtime for a backfilled position, please attach the backfilled roster to your claim.

The roster needs to include the name of the backfilling employees, a short description of duties performed, the corresponding employee whose duties were covered and the dates accordingly. Please make sure that the roster is signed and that you include documentation corresponding to the employee covered by the backfilling position.

Signed Certificate of Completion: The certificate of completion can be an e-mail confirming that the planning activity was completed.

Invoices: If your planning claim includes charges invoiced by vendors, please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).

Supporting Documentation for Personnel Cost: When your planning claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Exercise Claims:

Proof of State Approval of After Action Report (AAR): In order for your AAR to be approved you have to submit it to the State using the ODP Portal (see link below), within 90 days after completion of the exercise. You need to notify the State when the AAR is uploaded so they can proceed with the approval process.
https://hseep.dhs.gov/DHS_SSO/
Invoices: If your exercise claim includes charges invoiced by vendors please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).

Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Organization Claims: Please see above b) and c) under Exercise Claims Revised on 11/20/2017
EXHIBIT G Page 321 of 471
GRANT NAME:

SUB-RECIPIENT: __________________________________________ P. ___ of ___ DATE OF REPORT: ______________________________________
Grant Project AEL Description of Property Serial # or SAFECOM Source of Department Vendor Invoice % of FED Location Use & Condition Year Number No. Other ID # Consult
(Yes/No/NA)
Property
(SHSP or
EMPG Grant
Program)
(Title Holder) Name Number Date Cost Participation (N=New, D=Deployed,
O=Out of
Service, L=Lost,
Date Sale Price
N:Grants/Subrecipient Monitoring/Forms/Propery & Equipment Inventory Listing Revised 12/2019

GRANT PROPERTY AND EQUIPMENT INVENTORY LISTING
Acquisition Disposition
EXHIBIT G Page 322 of 471
OBJECTIVE: To provide an equipment inventory listing that links the State Homeland Security Workbook, to the Equipment Ledger and to the Equipment Listing to simplify the tracking and accountability; and to Field Date Element
(1)
(2)
(3)
(4) Grant Year
(5) Project #
(7) AEL No.
(8) Description
(9) Serial # or Other ID #
(10) Safecom consult
(11) Source of Property
(12) Title Holder
(13) Vendor Name
(14) Invoice Number
(15) Acquisition Date
(16) Acquisition Cost
(17) % of Fed Part
(18) Location
(19) Use & Condition
(20) Disposition data
(21) Sale Price
of the form.

Note {1}:
taken and the results reconciled with the equipment records (at least {2} Indicate: N = New, D = Deployed, O = Out of Service, L = Lost & S = Stolen Project Number (from Grant Workbook Project Sheets)
Equipment Inventory Listing
Procedures for Completion
eliminate duplication and confusion.

Procedure
Grant Name SHSP or EMPG
Sub-Recipient Name of your agency
Date of Report Date report completed {1}
Grant Year of funds used to purchase equipment
Fed participation in the cost of equipment
Authorized Equip Listing No (from Grant Workbook)
Description of the equipment
Serial # or Other identification # used
Fill out either by Yes, No, or N/A
Funding source, i.e, SHSP, EMPG, etc.

Name of agency (City/Department)
Name of the vendor
Invoice number
Date equipment acquired
Cost of the individual equipment item
once every two years).

Distribution
Copy maintained in sub-recipient file
Copy forwarded to Shared Services Division
Location of equipment
Use & condition {2}
Date of disposition
Sale price, If applicable, or N/A for not applicable
The Equipment Inventory Listing must be completed in its entirety to meet the objective This date should be the date the physical inventory of equipment was EXHIBIT G Page 323 of 471
Grant Name
Jurisdiction Name:

Training Provider:

OHS Approved Course Title:

Non-SLGCP Course Title & OHS Tracking No.
(requires pre-approval thru OEM)
Date of Course:

Class/ Exercise Duration/Hours:

EMP NO. EMPLOYEE NAME ASSIGNMENT TITLE

TRAINING
REQUEST #

TRAINING

START DATE

TRAINING END
DATE

SALARY OT REG RATE OT RATE OT PAY
Are you
claiming
for
Employee
Benefits?
Employee
Benefits Rate CLAIM
(for Training only) HOURS TOTAL
1 $ - $ - $ -
2 3
4 5
6 7
8 9
10 GRAND TOTAL $ -
Approved by:

Authorized Signature
Print Name and Title Date
Training Summary
Sheet
EXHIBIT G Page 324 of 471
- -
GRAND TOTAL $
Approved by:

Authorized Signature
Print Name and Title Date
Final Product
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)

PLANNING ROSTER
Project Planning Activity Solution Area
Sub-Category Discipline Funding Source Total Cost Total Claimed Cash Request Number FMFW v1.09- 06/09
EXHIBIT G Page 325 of 471
- -
GRAND TOTAL $
Approved by:

Authorized Signature
Print Name and Title Date
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)

EXERCISE ROSTER
Project Exercise Title Funding Source Solution Area
Sub-Category Discipline Cash Request Number Total Cost Total Claimed Conducted By Date of Exercise Exercise Type Exercise Role Date AAR entered into HSEEP FMFW v1.09- 06/09
EXHIBIT G Page 326 of 471

8. Notes on Personnel Cost:

In general, costs associated with:
 Work performed under contract for a specific deliverable DOES NOT count against the personnel cap, however,
 Work performed under contract for an undefined period, such as for personnel costs supporting operational activities, including general planning, training or exercise activities DO count against the personnel cap; and
 Work performed by all non-contractor personnel, including for full- or part-time staff and operational overtime DO count against the personnel cap.

The following examples would not count towards the personnel cap:
 Vendor installation of a radio tower;
 Vendor training on new equipment purchased;
 Contractor hired to create an Emergency Operations Plan;  Contractor hired to provide deliveries of ICS 400; and  Contractor hired to assist with planning, training, evaluating, and reporting the effectiveness of a specific exercise.

The following examples would count towards the personnel cap:
 Contractor hired to be the State’s WMD training instructor with no specific deliverables under contract;
 Contractor hired to facilitate unidentified number of exercises throughout the performance period;
 Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and  Contractor hired to be an intelligence analyst.

EXHIBIT G Page 327 of 471
Employee Name Project / Deliverable Funding
Source Discipline Solution Area Solution Area Sub Category Dates of Payroll
Period
Total Salary &
Benefits charged
for this Reporting
Period
Total Project
Hours
REIMB
Request #
Total Cost Charged
to Grant
- - N/A -
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) Project
FMFW v1.15a - 2015

EXHIBIT G

FMFW v1.15a - 2015

EXHIBIT G

FMFW v1.15a - 2015
EXHIBIT G Page 330 of 471
EXHIBIT H Page 331 of 471
B. TRAINING
Objective
To determine that the Training expenditures were appropriately documented and that the activities aligned with the project’ s goals and objectives. If the Training activities involved employees, determine if the Subrecipient appropriately documented the Training expenditures using employee timecards, sign-in sheets, and certificates of training. If the Training activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.

2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?

3. If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign-in sheets and certificates of training?

4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?

5. Did the Subrecipient accurately report the Training
expenditures in their accounting records?

6. For Projects with overtime expenditures for Training:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
EXHIBIT H Page 332 of 471
B. TRAINING (Continued)
Verification Yes No Comments

7. For Projects with backfill expenditures for Training:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
c. Did the Subrecipient accurately report the
expenditures in their accounting records?

8. Were employee timecards utilized in Training activities signed and dated by the employee and direct supervisor?

9. Were the Training expenditures consistent with the State approved grant award and/or post award modification(s)?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports submitted by HSGA:
a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.
b. If the Project prior Grant Year report finding is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.

EXHIBIT H Page 333 of 471
C. PLANNING
Objective
To determine that the Planning expenditures were appropriately documented and that the activities aligned with the project’s goals and objectives. If the Planning activities involved employees, determine if the Subrecipient appropriately documented the Planning expenditures using employee timecards and sign-in sheets. If the Planning activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?

3. If Planning expenditures relate to the use of employees, did the Subrecipient use employee timecards and
sign-in sheets?

4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?

5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?

6. For Projects with overtime expenditures for
Planning:
a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?
EXHIBIT H Page 334 of 471
C. PLANNING (Continued)
Verification Yes No Comments
b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?

7. For Projects with backfill expenditures for Planning:
a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?
b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign-in sheets?
c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?

8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?

9. Were the Planning expenditures consistent with the
State approved grant award and/or post award
modification(s)?

10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:
a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.
b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.

EXHIBIT H Page 335 of 471
D. EQUIPMENT
Objective
To determine that the project Equipment expenditures are supported by invoices and that a listing of the Equipment/property is maintained by the Subrecipient. To determine that the purchases are aligned with the project’s goals and objectives. Use Worksheets 2 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Equipment
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?

3. Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal “Authorized
Equipment List” and/or “Standardized Equipment List”?

4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?

5. Did the Subrecipient maintain an Equipment
inventory that listed the following:
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage, g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
l) Disposal date and sale price of the Equipment

6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?
EXHIBIT H Page 336 of 471
D. EQUIPMENT (Continued)
Verification Yes No Comments

7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?

8. Did the Subrecipient maintain Equipment in a secure
location?

9. For property other than Equipment, i.e. supplies, did the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?

10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the disposal?

11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/OES, steps to replace the Equipment and an investigative process?

12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?

13. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

EXHIBIT H Page 337 of 471
E. EXERCISE
Objective
To determine that the Exercise expenditures were appropriately documented and the activities align with project’s goals and objectives. If the Exercise activities involved employees, determine if the Subrecipient appropriately documented the Exercise expenditures using timecards and sign-in sheets. If the Exercise activities involved using consultants or consultants, determine if the Subrecipient followed the appropriate procurement procedure. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient receive prior approval from the State either via email or other documentation and did it include the Exercise course name and number?

3. If the Exercise expenditures relate to the use of employees, did the Subrecipient appropriately document the Exercise expenditures using employee timecards, sign-in sheets, and certificates for Exercise?

4. If the Exercise expenditures relate to the use of consultants/ contractors, did the Subrecipient follow proper procurement procedures to hire the consultants or contractors?

5. Did the Subrecipient accurately report the Exercise
expenditures in their accounting records?

6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill
expenditures in their accounting records?

7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
EXHIBIT H Page 338 of 471
E. EXERCISE (Continued)
Verification Yes No Comments

8. Were the employee timecards utilized in the Exercise activities signed and dated by the employee and direct supervisor?

9. Were the Exercise expenditures consistent with the State approved grant award and/or post award modifications?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in
the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

EXHIBIT H Page 339 of 471
F. ORGANIZATION
Objective
To determine that the Organization expenditures were appropriately documented and that the activities align with the project’s goals and objectives. If the Organization activities involved employees, determine if the Subrecipient appropriately documented the Organization expenditures using employee timecards and sign-in sheets. If the Organization activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Organization expenditures? If so, continue. If no, continue to next section.

2. If the Organization expenditures relate to the use of employees, did the Subrecipient document the expenditures using employee timecards, sign-in sheets, or with other support documentation that substantiated the expense?

3. If the Organization expenditures relate to the use of consultants or contractors, did the Subrecipient follow proper procurement procedures to hire the consultants
or contractors?

4. Did the Subrecipient accurately report the Organization expenditures in their accounting records?

5. For Projects with overtime expenditures for Organization:
a. Did the Subrecipient maintain employee timecards to
appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records.?
EXHIBIT H Page 340 of 471
F. ORGANIZATION (Continued)
Verification Yes No Comments

6. For Projects with backfill expenditures for Organization:
b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?
c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?

7. Were employee timecards utilized in Organization activities signed and dated by the employee and direct supervisor?

8. Were the Organization expenditures consistent with the State approved grant award and/or post award modification(s)?

9. Ensure that the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

EXHIBIT H Page 341 of 471

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Fiscally Responsible and Transparent City Government

BACKGROUND
The Community Services Department produces a quarterly publication called the Community Services Guide. The publication plays an important role in promoting and informing the residents about upcoming programs and events from both the Library and Recreation Divisions.

Last fiscal year, the process for producing this publication involved two different vendors: a freelance designer and a commercial printer. The Department desires to enter into an agreement with one vendor that can design and print the Guide to streamline this process.

To allow for a competitive bidding process and secure a vendor for the long-run, the Department conducted a formal RFP process for the production of the Guide. The RFP was posted on the City’s website on July 28 and closed on August 11 at 5:00 p.m. In addition, the RFP was emailed directly to nine vendors.

DISCUSSION
In the two weeks the RFP was open, six (6) bids were received. The bids were from Axiom Print, Brand New Day Marketing, Kilter & Typecraft, Pacific Graphics, Inc., Simpson Advertising, Inc., and The Sauce Creative Services Corp (The Sauce).

After carefully reviewing The Sauce’s qualifications, experience, and understanding of the scope of work, the vendor was deemed qualified. The Sauce comes highly recommended from its TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Cathi Johnson, Community Services Director
Kristin Shigenaga, Management Analyst
DATE: September 14, 2022
SUBJECT: AWARD OF COMMUNITY SERVICES GUIDE PRODUCTION

AGREEMENT TO THE SAUCE CREATIVE SERVICES CORP WITH
A YEAR 1 CONTRACT AMOUNT OF $47,400
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

references and has years of experience creating quality publications for numerous regional municipalities. The Sauce’s cost proposal to produce four publications is $47,400 and they are the lowest qualified bidder. Therefore, the Department recommends awarding the contract to The Sauce Creative Services Corp.

The contract entails an initial one-year term, with the option to renew the contract annually for up to two (2) additional years. If the contract is renewed, annual price increases will not exceed the published Consumer Price Index.

FISCAL IMPACT & PROCUREMENT REVIEW
The FY 2022-23 budget includes funds to cover the costs of producing four publications of the Community Services Guide. There is $16,800 for graphic design services in 101-59-4150-0000 (Other Contract Services), $25,120 for printing services in 101-59-4420-0000 (Printing), and $4,900 for postage and mailing fees in 101-59-4412-0000 (Postage).

The Finance Director has reviewed this report and determined the procurement is in accordance with S.M.C.C. 02.06.05.B.2.

LEGAL REVIEW
The City Attorney’s Office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the City Council award the Community Services Guide production agreement to The Sauce Creative Services Corp. If the City Council concurs with Staff’s recommendation, an appropriate motion would be:
“I move to award a Professional Services Agreement in the amount of $47,400 to The Sauce Creative Services Corp for the production of four (4) Community Services Guides for Year 1, with the City Manager being authorized to execute the agreement on behalf of the City, as well as two one-year contract extensions subject to satisfactory performance.”

ATTACHMENTS

1. Professional Services Agreement

2. Bid Proposal from The Sauce Creative Services Corp

PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
The Sauce Creative Services Corp
2600 South California Avenue, Suite C
Monrovia, CA 91016
This Professional Service Agreement (“the Agreement”) is made as of September 14, 2022 (the “Effective Date”), by and between The Sauce Creative Services Corp (“Consultant”), a California corporation, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

RECITALS
A. City desires certain professional services as specified in this Agreement.

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through September 13, 2023 unless sooner terminated as provided in Section

5.0 of this Agreement. Additionally, City reserves the right to extend the term of the agreement in its sole discretion for up to two one-year periods. City shall notify Consultant of any such extension prior to the end of the current term.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $47,400 per year. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing.

Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty thousand dollars ($30,000.00).

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.

5.0 Termination

5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.

5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.

6.0 Reports, Information, and Work Product

6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.

6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made

for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made.

Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.

Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.

7.2. Sergio Balandran, CEO, is Consultant’s representative for purposes of this Agreement.

8.0 Notices

8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United

States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: The Sauce Creative Services Corp
2600 South California Avenue, Suite C
Monrovia, CA 91016
Attn: Sergio Balandran

8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.0 Independent Consultant

9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices.

City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.

9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of

any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive termination of this Agreement.

10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.

11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.

12.0 Insurance

12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.

All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement.

Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City.

Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; and, (3) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general

aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation:

Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of $1,000,000 per occurrence; (3) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability Insurance: $1,000,000 per occurrence.

12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.

12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.

12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

13.0 Indemnification, Hold Harmless, and Duty to Defend

13.1. To the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively “Indemnitees”) free and

harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, its agents, or its subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.

13.2. Consultant must obtain executed indemnity agreements with provisions identical to those in Section 13.1 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

15.0 Labor Certification

15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance

with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.

15.2. Consultant certifies that in the performance of the Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to selfinsure or a certificate of Workers' Compensation Insurance Coverage.

15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.

15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.

16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

21.0 Headings

Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

24.0 Prohibited Interests; Conflict of Interest

24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

27.0 Corporate Authority

27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.

27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer.

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

CITY OF SAN MARINO
By:_________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By:_________________________
City Clerk
Approved as to Form:

By:_________________________
Joseph Montes
City Attorney

CONSULTANT
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)

Exhibit A
Scope of Services
The Community Services Department is looking for a vendor to be responsible for the design, print, and preparation for mailing of the quarterly Community Services Guide.

Postage shall not be a cost to be included in the quote. The tentative production timeline is provided in Exhibit C.

The City shall be responsible for:
• Providing the vendor with content (text and images) in the preferred layout in a Word Document
The vendor shall be responsible for:
• Providing comprehensive project management for each publication • Ensuring consistency and conformance with the City’s branding efforts and strategy
• Providing graphic design services for each publication with occasional full centerpiece spreads
• Providing access to and selection of stock photography • Providing at least two proofs of the publication to the City for review and one final pre-production sign off
• Proofreading and editing to include grammar, spelling, and formatting • Producing hard copy and electronic (PDF) format publications • Coordinating all necessary communications (email, phone, etc.) with City staff throughout the development stages
• Pre-sorting and bundling publications for the post office • Optional: providing and hosting a digital flipbook
Requirements for the Community Services Guide:
• Color: full-color
• Pages: 20 – 24 pages
• Format: follow the general format of the City’s existing Community Services Guide; see Exhibit D and E for two of the City’s latest publications • Stock: 70# or 80# dull book stock
• Bindery: cut, fold, stitch, and trim
o 8.5” x 10.88”
• Quantity: 5,000 shall be printed
o About 4,500 for mail distribution, remaining quantity to be dropped off at the Recreation Office (1560 Pasqualito Drive, San Marino, CA 91108) • Issues per year: 4

Exhibit B
Fee Schedule
Pricing per Publication
Graphic Design: $175 per page; $4,200 for 24 pages
Print (including cost of paper, ink, etc.): $6,100
Preparation for Mailing: $900
Flipbook (if offered): $450 + $200 hosting
Other Costs (please explain): Usage of flyers from brochure offered at ½ cost ($150) Office copies are taxed
Total Cost: $11,850 + tax on office copies
Grand Total (for all four publications): $47,400 + tax on office copies

CITY OF SAN MARINO

REQUEST FOR PROPOSALS

FOR COMMUNITY SERVICES GUIDE PRODUCTION
Design, Print and Mailing Services

EXPERIENCE / QUALIFICATIONS
The Sauce Creative Services is a full service Design and Print Studio, with over 23 years in the community service design eld. We are committed to providing the highest quality design services within set city budgets. We establish a strong working relationship with our clients and as a team we create visually stunning designs that reinforce their brand. We handle all aspects of the design process, from concept to design to nal printed product and delivery. For the past 15 years our o ce has been located in
Monrovia, CA. Currently we employ 4 designers, 1 delivery driver and 1 o ce support. The Sauce is in
good nancial condition and does not forsee any situation that would impede its ability to complete any projects.

The Sauce currently designs thirteen(13) cities brochures and prints ten (10).

City of San Dimas Recreation Guide/Design and Print
City of La Verne Recreation Guide/Design and Print
City of Downey Recreation Guide/Design and Print
City of Glendora Recreation Guide/Design and Print
City of Alhambra Recreation Guide/Design and Print
City of Monrovia Recreation Guide/Design and Print
City of Riverside Recreation Guide/Design and Print
City of South El Monte Recreation Guide/Design and Print City of Calabasas Recreation Guide/Design and Print
City of Bell Recreation Guide/Design
City of Yorba Linda Recreation Guide/Design
City of Oceanside Recreation Guide/Design
City of Walnut Recreation Guide/Design
City of Rosemead Recreation Guide/Print
Owner/designer, Sergio Balandran, designs and oversees all steps of projects. • Bachelors Degree in Illustration- Laguna College of Art and Design • 9 years of full time experience with the City of El Monte Community Services Department, coordinating all printing and marketing materials.
• 15 years as the owner of The Sauce Creative Services

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Safe Community
• Fiscally Responsible and Transparent City Government

BACKGROUND
On May 25, 2022 the City Council approved the Operating and Capital Budget for Fiscal Year 2022-2023. As part of the Capital Equipment component of the budget, the Council approved $301,928 for the purchase of handheld radios to replace 27 radios that have reached end of service operability.

DISCUSSION
In 2006, the Fire Department purchased 27 Motorola XTL5000 radios for use in communication during emergency response. As of 2022, the radios have reached end of service operability and are no longer supported by the manufacturer, jeopardizing future channel load updates from the Fire Department’s dispatch center (Verdugo). New handheld radios are recommended for purchase prior to radio failure.

Motorola radios are the standard radio used by departments throughout Area C (including Verdugo) and provide consistency of service with current department radios and with neighboring agencies. Motorola radios are only available for purchase through the regional authorized distributor Motorola Solutions. Motorola Solutions offers Area C departments a 32% discount on radio equipment through their contract with the City of Glendale/Verdugo.

During FY 2022-23 budget preparations, the Fire Department received a quote from Motorola Solutions for 27 APX8000 radios, including programming and chargers, for $301,928. The quote TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: M. D. Rueda, Fire Chief
DATE: September 14, 2022
SUBJECT: APPROVAL TO PURCHASE MOTOROLA HANDHELD RADIOS AS PART OF THE APPROVED FY 2022-23 OPERATING AND CAPITAL
BUDGET
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

received in February 2022 expired on May 22, 2022. Since the original quote was received the total cost of the 27 radios, including programming and chargers, has increased to $309,266. The Fire Department has received confirmation from Motorola Solutions that the current quote received August 3, 2022 will remain effective until September 30, 2022.

FISCAL IMPACT & PROCUREMENT REVIEW
The City Council approved purchase of handheld radios as part of the FY 2022-23 Operating and Capital Budget. $301,928 is currently available in account 591-34-4613-0561. The Fire Department is requesting a budget appropriation of $7,339 from the CIP reserve fund to account 591-34-4613-0561 due to the increase in cost.

The Finance Director has reviewed this report and determined this is in accordance with S.M.C.C.

02.06.05.B.2 as the best interests of the City are served by dispensing with competitive bidding, as the Motorola radios are only available through a sole source distributor.

LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends that the City Council (1) waive competitive bidding and approve the purchase of Motorola handheld radios in an amount not to exceed $309,266 and (2) approve a budget amendment and appropriation of $7,338 from the Capital Improvement Plan Reserves to account 591-34-4613-0561. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to waive competitive bidding and approve the purchase of Motorola handheld radios in an amount not to exceed $309,266 and approve a budget amendment and appropriation of $7,338 from the Capital Improvement Plan Reserves to account 591-34-4613-0561.”

ATTACHMENTS

1. Motorola Solutions Quote 1676563

Billing Address:

SAN MARINO FIRE DEPT, CITY
OF
2200 HUNTINGTON DR
SAN MARINO, CA 91108
US
Quote Date:08/03/2022
Expiration Date:09/09/2022
Quote Created By:

Denis Redzepagic
denis.redzepagic@
motorolasolutions.com
End Customer:

SAN MARINO FIRE DEPT, CITY OF
Contract: 36968 - GLENDALE MPA
PROMO-8001608
Freight Terms:FREIGHT PREPAID
Payment Terms:30 NET
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 8000 Series APX8000XE
1 H91TGD9PW7AN APX 8000 ALL BAND
PORTABLE MODEL 3.5
27 $7,475.00 $5,083.00 $137,241.00
1a Q806CB ADD: ASTRO DIGITAL CAI

OPERATION
27 $567.00 $385.56 $10,410.12
1b Q361AN ADD: P25 9600 BAUD

TRUNKING
27 $330.00 $224.40 $6,058.80
1c QA02006AC ENH: APX8000XE RUGGED
RADIO
27 $880.00 $598.40 $16,156.80
1d Q58AL ADD: 3Y ESSENTIAL

SERVICE
27 $121.00 $121.00 $3,267.00
1e QA00580AA ADD: TDMA OPERATION 27 $495.00 $336.60 $9,088.20 1f Q15AJ ADD: AES/DES-XL/DES-OFB

ENCRYPTION AND ADP
27 $879.00 $597.72 $16,138.44
1g Q53AF ADD: FRONT PANEL

PROGRAMMING & CLONING
27 $165.00 $112.20 $3,029.40
1h QA09007AA ADD: OUT OF THE BOX WIFI

PROVISIONING
27 $0.00 $0.00 $0.00
1i QA09001AB ADD: WIFI CAPABILITY 27 $330.00 $224.40 $6,058.80 1j Q498AU ENH: ASTRO 25 OTAR W/

MULTIKEY
27 $814.00 $553.52 $14,945.04
QUOTE-1676563
APX8000XE
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1k H38BS ADD: SMARTZONE

OPERATION
27 $1,650.00 $1,122.00 $30,294.00
1l G996AP ADD: PROGRAMMING OVER
P25 (OTAP)
27 $110.00 $74.80 $2,019.60
1m QA01427AG ALT: APX8000/XE HOUSING
GREEN
27 $28.00 $19.04 $514.08
2 PMNN4504A BATT IMPRES 2 LIION UL2054
DIV2 R IP68 3400T
27 $212.30 $169.82 $4,585.14
3 NNTN8863A CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 100-240VAC,

US/NA PLUG
5 $169.56 $135.63 $678.15
4 NNTN7624C CHARGER,CHR IMP VEH EXT

NA/EU KIT
12 $509.76 $407.76 $4,893.12
5 NNTN8844A CHARGER, MULTI-UNIT,
IMPRES 2, 6-DISP, NA/LAPLUG, ACC USB CHGR
3 $1,420.20 $1,136.02 $3,408.06
6 NLN7967A MULTI-UNIT CHARGER WALL

MOUNT KIT
3 $22.68 $18.14 $54.42
7 PMMN4137A XVE500 REMOTE SPEAKER

MICROPHONE, HIGH IMPACT

GREEN, NO CHANNEL KNOB
27 $642.60 $514.02 $13,878.54
Subtotal $282,718.71
Estimated Tax $26,547.91
Grand Total $309,266.62(USD)
Notes:
● ICI System Users Discount Promotion - Expires December 9, 2022 APX Radio = 32% Discount
APX Accessory = 20% Discount
QUOTE-1676563
APX8000XE
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services
• Safe Community
• Fiscally Responsible and Transparent City Government

BACKGROUND
In December 2020, the City’s then housing consultant, 4LEAF, Inc. assisted the City in engaging in a community outreach process to undertake the San Marino 2021-2029 Housing Element Update. The community outreach effort consisted of:
• Releasing of a community survey in three different languages; • Holding a town hall meeting conducted by City staff;
• Conducting workshops with the Planning Commission and City Council from January through July 2021; and
• Releasing an administrative draft Housing Element with a site inventory list in July 2021 for community review.

In August 2021, the City Council directed staff to remove Carver Elementary School and the Del Mar ball field from the inventory list and to conduct further public outreach. In September 2021, the City Council considered a revised inventory list and received updates on additional community outreach conducted by City staff and provided further direction concerning additional revisions to the draft housing element.

On December 21, 2021, the City Manager signed a Professional Services Agreement (Please see Attachment 1) with McNulty Consulting to provide consulting services not to exceed $30,000 TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Isidro Figueroa, Community Development Director
DATE: September 14, 2022
SUBJECT: APPROVAL OF AMENDMENT NO. 1 OF PROFESSIONAL

SERVICES AGREEMENT WITH MCNULTY CONSULTING FOR
THE SAN MARINO 2021-2029 HOUSING ELEMENT UPDATE
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

for the preparation of the 2021-2029 Housing Element Update. This agreement with McNulty Consulting was needed due to the unexpected departure of 4LEAF, Inc. as the City’s housing consultant. McNulty Consulting assisted staff in preparing an administrative draft Housing Element addressing comments made by the State’s Housing and Community Development Department (HCD) letter dated December 31, 2021. City staff, working with McNulty Consulting, addressed HCD’s comments on the draft Housing Element analysis, policies, and programs with responses and recommended revisions to the document where necessary to comply with State Housing Element Law. On February 9, 2022, the City Council adopted the City’s 2021-2029 Housing Element and the Final 2021-2029 Housing Element Update was submitted to HCD for final certification.

DISCUSSION
On April 12, 2022, HCD sent a letter (Please see Attachment 2) providing comments on the City’s 2021-2029 adopted Housing Element Update which identified changes necessary to bring the City’s Housing Element Update into compliance with State Law. The letter identified various items that required further clarification and analysis under several categories that include:
• Review and Revision
• Housing Needs, Resources, and Constraints
• Housing Programs
McNulty Consulting has been assisting staff in drafting a revised Housing Element Update aimed at addressing HCD comments in order to forward to the City for review and consideration.

Additionally, McNulty Consulting has been in contact with HCD staff to receive clarification on the items identified in the April 12, 2022 HCD letter to ensure the City’s Housing Element is adopted to meet State Law. However, the original Professional Service Agreement signed by the City Manager requires an increase in funds in order for McNulty Consulting to continue to work on the Housing Element Update.

FISCAL IMPACT & PROCUREMENT REVIEW
The City and Consultant now desire to amend the Original Agreement, in accordance with Section 16 of the Agreement to increase the compensation by $37,037 for a total not to exceed $67,037. The additional amount will not require a budget amendment to the FY 2022-23 Adopted Budget as City Council approved an appropriation of $50,000 for the consulting services related to the 2021-2029 Housing Element Update.

Procurement review is not applicable.

LEGAL REVIEW
The City Attorney has reviewed and approved the staff report as to legal form.

RECOMMENDATION
Staff recommends the City Council approve Amendment No. 1, and authorize the City Manager to execute the amendment. If Council concurs, the appropriate motion would be:
“I move to approve Amendment No. 1 with McNulty Consulting for completion of the additional revisions to the City’s 2021-2029 (6th Cycle) Housing Element and submittal and coordination of review of the document with the State HCD for final adoption, and authorize the City Manager to execute said amendment.”

ATTACHMENTS

1. Professional Services Agreement, executed on December 21, 2021

2. HCD Letter Dated April 12, 2022

3. Proposed Amendment 1

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
April 12, 2022
Dr. Marcella Marlowe, City Manager
City of San Marino
2200 Huntington Drive
San Marino, CA 91108
Dear Dr. Marcella Marlowe:

RE: City of San Marino’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of San Marino’s (City) housing element adopted February 9, 2022 and received for review on February 11, 2022. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The adopted housing element addresses most statutory requirements described in HCD’s December 31, 2021 review; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code), see enclosed Appendix.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City failed to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), Programs 1.7, 1.8, 1.11, and 1.12 must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes

Dr. Marcella Marlowe, City Manager

the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Molivann Phlong, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure

City of San Marino’s 6th Cycle Adopted Housing Element Page 1 April 12, 2022

APPENDIX

CITY OF SAN MARINO
The following changes are necessary to bring the City of San Marino’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.

Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The element includes revisions to Table 4 (p. 22) and additional text (p. 19) describing the connection of Table 3 to Table 4. However, the element should quantify the actual results of the prior element’s programs where possible. For example, Program 1.3 of Table 4 states that the previous planning period had a goal of 16 second units over the previous planning period and states that the program was “achieved”. The element should quantify how many second units were constructed to better evaluate the effectiveness of the program and revise current programs as appropriate. In addition, the element must provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers and persons experiencing homelessness). Please see HCD’s December 31, 2021 review.

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Fair Housing Enforcement and Outreach: The element includes an updated Program

3.1 (p. 38) and additional information (p. 97) on enforcement and outreach. However, the element must further describe the City’s ability to provide enforcement and outreach capacity and describe what necessary specific actions the city will take to remedy complaints and maintain compliance. This can consist of actions such as the City’s ability to investigate complaints, obtain remedies, or the City’s ability to engage in fair housing testing.

City of San Marino’s 6th Cycle Adopted Housing Element Page 2 April 12, 2022
Disproportionate Housing Needs and Displacement: The element includes the City of San Marino: Insight Market Analysis (Appendix C) to supplement data related to disproportionate housing needs. However, the element should analyze this and other data for trends and patterns in relation to the disproportionate housing needs and displacement and conclude with a summary of issues. Wherever possible, the analysis and summary should include a discussion at a geographic level such as neighborhoods or any other sub-section of a locality, appropriate to better determine any locational trends.

Site Inventory: The element did not address this finding. While the element states that sites are located throughout the community; and as entire City is high resourced and meets requirements to AFFH; the element must still include the required analysis to support these conclusions. For example, the analysis should discuss the magnitude of the impact including the number of units by income group relative to locations or neighborhoods within the City, including any isolation of the Regional Housing Needs Allocation (RHNA) and then address whether sites exacerbate or improve existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity).

Goals, Priorities, Metrics, and Milestones: The element did not address this finding.

Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Programs generally must address enhancing housing mobility strategies; encouraging development of new affordable housing in high resource areas; improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing; and protecting existing residents from displacement. Given that most of the City is considered a high and highest resource community (pg. 3-50), the element could focus on programs that enhance housing mobility and encourage development of more housing choices and affordable housing. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. Please see HCD’s December 31, 2021 review for additional information.

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Units in Need Rehabilitation or Replacement: The element includes a list of housing assistance programs (p. 68) and some information on substandard housing (p. 126) but does not address this finding. Please see HCD’s December 31, 2021 review for additional information.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)

City of San Marino’s 6th Cycle Adopted Housing Element Page 3 April 12, 2022
Realistic Capacity: The element was not revised to address this finding. The element seems to rely on the establishment of new overlays to accommodate most of the RHNA.

However, it remains unclear what the proposed minimum and maximum allowable densities will be for each overlay area. The element should clarify where it is using minimum density to estimate capacity and when that capacity is based on the gross acreage or net acreage as the assumptions stated in the analysis do not seem to match the calculations in the sites inventory. Please be aware, for sites to accommodate the shortfall of lower-income RHNA, the overlay must require a minimum of 20 units per acre. In addition, as per the previous review, the element must analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow 100 percent nonresidential uses (e.g., mixed-use) or in areas that will be subject to an overlay, pursuant to the underlying zoning.

Small Sites: The element did not address this finding. Please see HCD’s December 31, 2021 review for more information.

Suitability of Nonvacant Sites: The element did not address this finding. While the element now includes an economic development market analysis in Appendix C, referenced in the City’s response letter to HCD (Attachment B), it is unclear how this information relates to the redevelopment potential of the sites selected for the inventory.

Please see HCD’s December 31, 2021 review for additional information.

In addition, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. Please be aware absent findings (e.g., adoption resolution) based on substantial evidence that uses are likely to discontinue within the planning period, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. HCD is not aware that the City has made the appropriate finding. Any future re-adoption of the housing element must include the appropriate finding as part of the adoption resolution.

Missing Middle Projections: The element was not revised to address this finding. The element included (p. 60) Program 1.8 to amend the zoning code to allow missing middle housing. However, this analysis must include a site-specific inventory where the ordinance is being applied and include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute as an impediment. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through the ordinance. Please see HCD’s December 31, 2021 review for additional information.

Accessory Dwelling Units (ADU): The element revised (p. 29) Programs 1.1, 1.2, and 1.4 to include monitoring components and annual ADU and JADU reporting as part of the General Plan Annual Report. However, pursuant to HCD’s December 31, 2021 review, it is not clear if the ADU and JADU production level of 30 ADU and/or junior accessory dwelling unit (JADU) per year will be achievable in the planning period given historic averages of 9 units per year since 2018. As a result, the element should be updated to

City of San Marino’s 6th Cycle Adopted Housing Element Page 4 April 12, 2022
include a realistic estimate of the potential for ADUs and include policies and programs that incentivize the production of ADUs.

Electronic Sites Inventory: While the City submitted an electronic sites inventory, it was not prepared with standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housingelement/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Zoning for a Variety of Housing Types:
• Emergency Shelters: The element states (p. 26) the zoning code was updated to allow emergency shelters by right in 2019, with the approval of land use permit in the C-1 zone. The element lists some development and management standards.

However, the element must demonstrate that the permit processing, development and management standards are consistent with Government Code section 65583 (a)(4)(A). Standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. As stated in the previous review, the element must analyze the ten-bed limit and parking standards for every five (5) beds or one parking space for each bedroom designated for families with children, as potential constraints. The element must also demonstrate the commercial zone has sufficient capacity to accommodate the housing need for at least one emergency shelter.
• Low Barrier Navigation Centers: This finding was not addressed. Please see HCD’s December 31, 2021 review for more information.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

Design Review: The element did not address this finding. Program 1.7 states that the City will facilitate preparation of objective design standards within the Housing Overlay.

However, this seems to be only for projects that use SB 35 streamlining. The element should clarify if all projects under the housing element will be allowed pursuant to objective design standards and if the requirement to present plans to neighbors will remain for multifamily housing in areas covered by the various overlays. Please see HCD’s December 31, 2021 review for more information.

City of San Marino’s 6th Cycle Adopted Housing Element Page 5 April 12, 2022
Local Ordinances: This finding was not addressed. Please see HCD’s December 31, 2021 review for more information.

Constraints on Housing for Persons with Disabilities: This finding was not addressed.

Please see HCD’s December 31, 2021 review for additional information.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) This finding was not addressed. Please see HCD’s December 31, 2021 review for more information.

6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
General: The element provided (p. 67) a listing of local housing programs that could be applicable to the City. However, this finding was not fully addressed. Please see HCD’s December 31, 2021 review.

Persons with Developmental Disabilities: This finding was not addressed. Please see HCD’s December 31, 2021 review.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.

Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of

City of San Marino’s 6th Cycle Adopted Housing Element Page 6 April 12, 2022
the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials.

As stated in the prior review, programs must be revised to demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions. Programs with unclear language that should be assessed include Programs 1.2, 1.3, 1.7. 2.6, 2.7, 2.8, and 3.5.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Shortfall of Adequate Sites: Programs 1.7, 1.11, and 1.12 commit to the rezoning sites with an overlay to accommodate the lower-income RHNA. However, while the programs were amended to commit to provisions facilitate development, further revisions are necessary to ensure compliance with Government Code sections 65583.2 (h) and (i).

The element must include the following revisions:
• The element currently says it will “consider” adoption overlays. Program(s) must specifically commit to rezoning to accommodate 100 percent of the shortfall of sites to accommodate the lower-income RHNA.
• The element must clearly commit to minimum densities of at least 20 units per acre. Currently the element references varying densities (16-24 units in one reference and 20 units in another). Please note the overlay should not establish 20 units per acre minimum as both a minimum and maximum density but rather allow for a range of density so as not to constrain potential housing development. • Attachment B indicates that 100 percent housing on sites located in the C-1 zone is allowed under the Housing Overlay if they are without frontage on Huntington Drive. It is HCD’s understanding that ground floor commercial would be required for these sites. However, pursuant to Government Code section 65585.2 (h)

City of San Marino’s 6th Cycle Adopted Housing Element Page 7 April 12, 2022
100 percent residential must be allowed on all sites rezoned to accommodate the shortfall for lower-income RHNA.
• As stated above, it is unclear whether the City will adopt objective design standards for all new residential projects within the overlay or just projects that qualify for SB 35 streamlining. Please be aware, pursuant to Government Code section 65583.2 (i) the phrase “use by-right” means that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
• Finally, the element should commit to ensuring that development standards adopted as part of the overlay including height, lot coverage, parking will facilitate the development of multifamily housing at the allowable densities assumed in the inventory.

Programs 1.1 and 1.2: While the program commits to monitoring ADU production, it should also monitor ADU affordability.

Program 3.4: The programs must be revised with clear commitment to address the provision of single-room occupancy housing in the C-1 zone.

3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element contains Programs 1.1-1.4 for ADUs, Program 3.1 for reasonable accommodation, and Program 3.2 for access to fair housing service providers.

However, the element must include a program(s) with specific actions and timelines to assist in the development of housing for lower-income households, including extremely low-income (ELI) and special needs housing. Please see HCD’s December 31, 2021 review for more information.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other

City of San Marino’s 6th Cycle Adopted Housing Element Page 8 April 12, 2022
characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis.

AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO

AND MCNULTY CONSULTING
THIS AMENDMENT NO. 1 TO THE AGREEMENT (“Amendment No. 1”) by and between the CITY OF SAN MARINO (“City”) and MCNULTY CONSULTING, Sole Proprietorship (“Consultant”) is effective as of September 14, 2022. City and Consultant are collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated December 21, 2021 (“Original Agreement”) whereby Consultant agreed to provide those professional services specified in the Original Agreement.

B. City and Consultant now desire to amend the Original Agreement, in accordance with Section 16 of the Agreement to increase the compensation by $37,037 for a total not to exceed $67,037.

TERMS

1. Contract Changes. The Original Agreement is amended as provided herein.

A. Section 2 of the Original Agreement is amended to read as follows:

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit A but in no event will the City pay more than $67,037.00 Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty thousand dollars ($30,000.00).

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1.

3. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first hereinabove written.

CITY OF SAN MARINO
By: _________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By: _________________________
Christina Baker
City Clerk
Approved as to Form:

By: _________________________
Joseph M. Montes
City Attorney

CONSULTANT
By: __________________________
Bret McNulty
Principal/Vice President

Exhibit A
Scope of Work

Land Use Planning | Housing Policy | Economic Development | Environmental Strategies 3905 State Street, Suite 7181
Santa Barbara CA 93105
[email protected]| (805) 722-5585
September 1, 2022
Isidro Figueroa, Community Development Department
2200 Huntington Drive, Second Floor
San Marino, CA 91108
[email protected]
Reference: Proposal to Amend Scope of Work for Adopted Housing Element Amendments Project
Dear Isidro Figueroa:

Thank you for requesting McNulty Consulting to provide this proposed scope of work revisions to include tasks to complete the City of San Marino’s Adopted 2021--2029 Housing Element (6th Cycle) Amendments (Housing Element Amendments) in response to comments received from the California Housing and Community Development Department (HCD) in their letter dated April 12, 2022.

In the HCD letter, Senior Program Manager, Paul McDougall states that:

1. The adopted housing element requires additional revisions to fully comply with State Housing Element Law and therefore, the City failed to adopt a compliant housing element within 120 days of the October 15, 2021, statutory deadline.

2. Predicated on the above and pursuant to AB 1398 (Chapter 358, 2021) the rezone programs in the housing element (Programs 1.7, 1.8, 1.11, and 1.12) must be completed no later than October 15, 2022, or the housing element will no longer comply with State Housing Element Law and HCD may revoke its finding of substantial compliance pursuant to GC§ 65585(i).

Scope of Work
The purpose of the project is to work with San Marino staff and decision makers to finalize the Housing Element Amendments to attain a finding of compliance by HCD for the 6th Cycle. The following tasks are proposed. Based on experience preparing the HCD Draft Housing Element Amendments, work with similar projects and consultation with City and HCD staff, it is expected that the project will require the following tasks, hours, and costs for Bret McNulty, Project Manager at a rate of $185.00 an hour.

Additional Tasks

1. Coordinate with Agency Staff
This task encompasses meetings and coordination with San Marino and HCD staff throughout the project to address administrative tasks, receive policy guidance City staff direction, and refine the project schedule.

Deliverables: Includes coordinating the project calendar, attendance at meetings, follow up memos and communication via email.

San Marino Housing Element Amendments Proposal
Page | 2

2. Housing Element Revisions
This task encompasses incorporation of up to five (5) rounds of Housing Element revisions based on input from San Marino and San Marino City Council and Planning Commission decision makers and the public and HCD.

Deliverables: This task includes the provision of Redline revisions, edits, and production of the Draft and Final Housing Element Amendments for review and approval by the City Council during public hearings.

This task includes production of a HCD Draft Housing Element Amendments and a round of revisions to address comments and a Final version for approval by the San Marino City Council.

3. City Council and Planning Commission Hearings
This task includes preparation and attendance at public hearings by the San Marino City Council and Planning Commission on the proposed Housing Element Amendments.

Deliverables: This task includes preparation and submittal of electronic version staff reports, presentations, and findings and includes attendance at up to four (4) public hearings.

4. California Environmental Quality Act (CEQA)
This task includes preparation of a CEQA Addendum consistent with the CEQA Guidelines for consideration by the Planning Commission and City Council.

Deliverables: This task includes preparation and submittal of electronic version of an Addendum to the Certified San Marino 2021-2029 (6th Cycle) Housing Element for review by decision-makers and the public, and for approval by the City Council during the hearing on the Final Housing Element Amendments.

5. Submit Housing Element Amendment to HCD
This task includes submittal of the City Council Approved Housing Element Amendments to HCD for their use.

Deliverables: This task includes preparation and submittal of the Housing Element Amendments to HCD using their submittal direction that includes a copy of the housing sites inventory, public record of the outreach, hearings, and City Council findings, as well as a cover of a letter from the Community Development Director.

Proposed Scope of Work

1. Coordinate with Agency Staff 20 hours $3,700

2. Housing Element Revisions 82 Hours $15,170

3. Hearings and Preparation 58 Hours $10,730

4. CEQA 8 Hours $1,480

5. HCD Submittal 14 Hours $2,590
TOTAL LABOR 182 Hours $33,670
10% Recommended Contingency $3,367
This scope of work does not include public outreach, preparation of a Housing Element Rezone Program, or preparation of a CEQA ND, MND, or EIR. Additional hearings and document revisions would require prior authorization by the City of San Marino and be charged on a time and materials basis. This scope of work includes electronic document submittals only. Print documents would be provided at cost with a 10% administrative charge.

San Marino Housing Element Amendments Proposal
Page | 3
Schedule
The revised scope of work will depend on the City’s hearing calendar and pending coordination between the City of San Marino staff and consultant and will commence with direction from and approval by the San Marino City Council.

As owner and principal of McNulty Consulting, it is my goal to continue to provide high-quality services and work products to the communities I work for. Thank you for this opportunity to work with you and the San Marino community.

Please contact me to discuss any questions you have about this proposal.

Sincerely,
Bret K. McNulty
Owner, Principal
(805)722-5585
[email protected]

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services
• Safe Community
• Fiscally Responsible and Transparent City Government

BACKGROUND
On April 27, 2022, the City Manager signed a Professional Services Agreement (PSA) with Rincon Consultants in order to provide contract planning services in the amount not to exceed $30,000 with a term to expire on August 31, 2022 (Please see Attachment 1). Since September 2021, the Community Development Department has experienced a high level of staff turnover. The Planning Division has experienced the largest staff turnover by losing 5 staff members within the last year. At two different time intervals within the past year, the Planning Division has had only one planner on staff. The services of Rincon Consultants were secured to assist staff in processing the backlog case docket. Rincon offered immediate support to staff by reviewing and processing the project backlog of 8 accessory dwelling unit (ADU) applications, 18 plan check reviews of previously approved (Planning Commission and Design Review Committee) discretionary projects, and assisted in the advancement of the discretionary projects on backlog.

DISCUSSION
The PSA with Rincon Consultants expired on August 31, 2022 and an extension of the current agreement is requested to allow Rincon Consultants to continue to assist the Planning Division staff in the advancement of discretionary projects. Staff is requesting that the PSA with Rincon TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Isidro Figueroa, Community Development Director
DATE: September 14, 2022
SUBJECT: APPROVAL OF AGREEMENT AMENDMENT NO. 1 WITH

RINCON CONSULTANTS TO PROVIDE CONTRACT PLANNING
SERVICES THROUGH SEPTEMBER 14, 2025
Susan Jakubowski,, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Consultants be for the amount not to exceed $180,000 total for a term to expire on September 14, 2025.

The PSA extension will allow Rincon Consultants to continue to provide contract planning assistance to the Planning staff on the advancement of discretionary permits that require Planning Commission and Design Review Committee (DRC) review. The current discretionary project backlog consists of over 50 projects. The City Council approved the conversion of the part-time Senior Planner position to full time in the adopted FY 22-23 budget with the idea that the Senior Planner would handle the complex projects that require Planning Commission review. The Senior Planner position has been posted for recruitment since July of this year with no successful candidate secured. The Planning Division recently hired two new Assistant Planners in August that are currently being trained by the City’s Associate Planner, but are not ready to advance the majority of the discretionary backlog. Extending the PSA for Rincon Consultants will allow the Planning Division to advance the current discretionary projects backlog while the Senior Position is filled and junior staff is trained in order to undertake the DRC project docket.

Another reason for requesting the PSA extension with Rincon Consultants is to ensure that the City has the ability to deliver planning services in the event that the City experiences another wave of staff turnover. The City was not prepared for the loss of the significant number of Community Development staff members in such a short timeframe as the City did in the past year. In an effort to prepare and avoid the City being unable to deliver planning services, the PSA for Rincon Consultants is designed to have a term to expire in 3 years in order to assist the Planning Division with the current discretionary projects backlog, provide planning services in the event there is a staff shortage, and assist the Planning Division with complex projects.

FISCAL IMPACT & PROCUREMENT REVIEW
The City and Consultant now desire to amend the Original Agreement, in accordance with Section 16 of the Agreement to include an additional 36 months of service from September 14, 2022, through September 14, 2025, and increase the Consultant’s compensation by $150,000 for a total not to exceed $180,000. No budget appropriation is needed for the amendment to the contract as salary savings from staff vacancies will be used for services provided by Rincon Consultants.

Procurement review is not applicable.

LEGAL REVIEW
The City Attorney reviewed and approved the staff report and Amendment No. 1 as to legal form.

RECOMMENDATION
Staff recommends the City Council approve Amendment No. 1 and authorize the City Manager to execute the amendment. If Council concurs, the appropriate motion would be:
“I move to approve Amendment No. 1 with Rincon Consultants, which will extend the agreement for a term to expire on September 14, 2025 for their continued contract planning services, and authorize the City Manager to execute the amendment on behalf of the City.”

ATTACHMENTS

1. Professional Services Agreement, executed on April 27, 2022

2. Proposed Amendment No. 1

AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO

AND RINCON CONSULTANTS
THIS AMENDMENT NO. 1 TO THE AGREEMENT (“Amendment No. 1”) by and between the CITY OF SAN MARINO (“City”) and RINCON CONSULTANTS a California corporation (“Consultant”) is effective as of September 14, 2022. City and Consultant are collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated April 27, 2022 (“Original Agreement”) whereby Consultant agreed to provide those professional services specified in the Original Agreement.

B. City and Consultant now desire to amend the Original Agreement, in accordance with Section 16 of the Agreement to include an additional 36 months of service from September 14, 2022, 2022 through September 14, 2025, and increase the Consultant’s compensation by $150,000 for a total not to exceed $180,000.

TERMS

1. Contract Changes. The Original Agreement is amended as provided herein.

A. Section 2 of the Original Agreement is amended to read as follows:

2.0 Term

The term of this Agreement shall commence as of the Effective Date and shall continue through September 14, 2025, unless sooner terminated as provided in Section

5.0 of this Agreement.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit A but in no event will the City pay more than $180,000.00 Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty thousand dollars ($30,000.00).

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1.

3. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first hereinabove written.

CITY OF SAN MARINO
By: _________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By: _________________________
Christina Baker
City Clerk
Approved as to Form:

By: _________________________
Joseph M. Montes
City Attorney

CONSULTANT
By: __________________________
Deanna M. Hansen
Principal/Vice President

Exhibit A
Proposal for Contract Planning Services

Rincon Consultants, Inc.
2 5 0 E a s t 1 s t S t r e e t , S u i t e 1 4 0 0
Los Angeles, California 90012
2 1 3 7 8 8 4 8 4 2
i n f o @ r i n c o n c o n s u l t a n t s . c o m
w w w . r i n c o n c o n s u l t a n t s . c o m
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s September 1, 2022
Rincon Project No. 22-12818
Isidro Figueroa, Community Development Director
City of San Marino
2200 Huntington Drive
San Marino, California, 91108
Via email: [email protected]
Subject: Proposal for Contract Planning Services
San Marino, California
Dear Mr. Figueroa:

Rincon Consultants, Inc. (Rincon) is pleased to provide this proposal to provide contract planning services to the City of San Marino. At Rincon, we pride ourselves on our team’s ability to work effectively with City staff, decision-makers, project applicants, and community stakeholders to develop and implement innovative approaches for each municipality we serve.

Over the course of our 28 year history, Rincon’s planning staff have developed considerable experience providing contract planning services and project management for a variety of project types (singlefamily residential, large scale multi-family residential, mixed-use, commercial, industrial, and institutional development projects), including entitlement reviews (minor changes, conditional use permits, variances, temporary use permits, design review, and hillside development permits), postentitlement plan checks/verifications, and both City- and developer-initiated General Plan amendments, Zoning Code Amendments, zone changes, and Specific Plans/Specific Plan amendments.

Supporting existing City staff, Rincon can help raise levels of service and expedite permits and processing where needed. The assigned contract planners will be responsible for all aspects of case management, including completeness review, interdepartmental routing, ongoing coordination and communication with applicants, preparation of all required staff reports, presentations and notices, and attendance at public hearings.

City of San Marino
Proposal for Contract Planning Services

Project Team
Rincon has assembled a team of highly skilled planning professionals with a range of planning experience and skills. A list of titles, roles, availability, and biographies for all key team members are included on the following pages, with detailed resumes available in Attachment A.

Deanna M. Hansen | Principal II
Responsibility: Principal-in-Charge, Contract Administrator Availability: As-needed
Ms. Hansen has over 20 years of experience in environmental consulting and has contributed to a wide variety of residential, commercial, and industrial projects. She has overseen multiple on-call contracts for project review and entitlement processing. She is currently Principal for the on-call contracts for the cities of South Pasadena, Los Angeles, Santa Ana, Long Beach, Calabasas, Fullerton, Orange, Thousand Oaks, and West Hollywood, among others.

Lilly Rudolph, AICP | Senior Supervising Planner II
Responsibility: Project Manager, Primary Contact, Quality Assurance/ Quality Control, Administration
Availability: 1-2 hours per week
Ms. Rudolph is responsible for managing current planning assignments for municipal planning agencies. She has processed hundreds of development applications for the cities of South Pasadena, Malibu, Ventura, Grover Beach, Guadalupe, Berkeley, and the County of Santa Barbara. She is also managing contract planning services for the County of Ventura and the cities of South Pasadena, Oxnard, and Moorpark.

Michael Paul Rocque | Senior Planner II
Responsibility: Deputy Project Manager, Project Planner (responsible for all aspects of development review for complex projects) Availability: 2-5 hours per week
Prior to joining Rincon, Mr. Rocque processed mixed-use, residential, commercial, agricultural, wireless telecommunication projects, and industrial development applications and has prepared general plan updates, design guidelines, and land use settlement agreements. He is currently managing contract planning services for the cities of Pico Rivera and Santa Monica.

City of San Marino
Proposal for Contract Planning Services

Marco Mendoza | Planner IV
Responsibility: Associate-Level Project Planner (responsible for all aspects of development review for simple and complex projects)
Availability: 15 hours per week
Mr. Mendoza is a dynamic and experienced land use professional with knowledge of project management principles including the development and management of project scopes, budgets, timelines and stakeholder relationships. Mr. Mendoza managed numerous projects involving the site selection, acquisition, design and rehabilitation of single family homes into residential care facilities.

Susan Hernandez | Planner III
Responsibility: Associate-Level Project Planner (responsible for all aspects of development review for simple and complex projects)
Availability: 8 hours per week
Relevant Work Experience: Ms. Hernandez has a foundation in local government as a former planner for the City of Pico Rivera. She is experienced in site plan review, entitlement processing, and environmental planning. She has processed entitlements for a range of project types and has experience preparing staff reports and resolutions, presenting projects at public hearings, and conducting community outreach meetings.

Andres Sanchez | Planner I
Responsibility: Technician-Level Planner (responsible for all aspects of review of simple projects and plan checks)
Availability: 5-10 hours per week
Relevant Work Experience: Mr. Sanchez has worked on a diverse range of projects including reviewing development projects for zoning code compliance, examining local land use and zoning policies, and zoning code and Housing Element updates. He currently provides as-needed contract planning services to the Cities of Stockton and Madera and to the Counties of Monterey and Ventura.

Qualifications
Many of our team members are former public sector planners with work experience in southern California agencies, and collectively have experience managing, processing, and reviewing development projects ranging from simple ministerial requests to complex discretionary actions. Our team understands the importance of streamlining efforts and identifying strategies to work efficiently to process projects in a timely manner while adhering to strict budgets to meet the expectations of project applicants and City decision-makers. Rincon is experienced in working in cities where residents are not as accepting of new growth and development. As such, we are skilled in empathetic listening, meticulous record keeping, and developing community outreach strategies to achieve project understanding and support from community stakeholders.

City of San Marino
Proposal for Contract Planning Services

Given that our firm is a full-service environmental and planning consulting firm with seasoned professionals, we have the expertise of CEQA analysts, historians, cultural resource specialists, biologists, and technical experts at our fingertips to advise on projects as needed.

Scope of Services
The Project Manager will assign a Rincon contract planner with experience commensurate to the task and availability appropriate for the individual project timeline and level of effort. Rincon will make every attempt to manage projects costs by providing the lowest-cost planner qualified for the specific assignment, with appropriate oversight.

Typical tasks for contract planning assignments include:
 Receive background information and copies of the project applications, site plans, technical reports, and any other relevant documents and studies from City staff  Assign the most appropriate Rincon contract planner based on required skill level and availability  Review project applications for completeness and providing constructive input to applicants in a timely manner consistent with the Permit Streamlining Act  Conduct meetings with staff and applicants
 Advise and assist staff and applicants with questions related to the project  Coordinate with environmental consultants preparing CEQA/NEPA documents; or under the direction of City staff, prepare environmental documents  Prepare public notices, staff reports, approval/denial findings, resolutions, and conditions of approval
 Answer questions from members of the community, stakeholder groups, developers, or other interested parties during regular business hours
 Confidential strategizing with special counsel and the City Attorney related to potentially litigious projects and/or projects involving state or regional agencies  Attend and give oral presentations at public meetings, neighborhood councils, or other stakeholder organizations
 Administer condition compliance, building and safety plan check, and mitigation monitoring and reporting programs
 Manage case files in an organized manner; close out cases per City procedures Assumptions
 With the exception of an in-person onboarding meeting, hard copy project file transfers, and necessary in-person meetings and public hearings, work may be conducted remotely from Rincon offices.
 Contract planners will be given access to all required City programs to perform work remotely.  City will provide direction on how to communicate with both internal and external stakeholders.

City of San Marino
Proposal for Contract Planning Services

Fee Schedule and Contract Duration
The services will be billed on a time and materials basis pursuant to Rincon’s fee schedule below. Any travel time or mileage will be billed in accordance with the fee schedule, based on travel to and from Rincon’s Los Angeles office. Costs for this assignment will not exceed $150,000. The duration of this assignment will be approximately not to exceed three years, commencing September 14, 2022 through September 14 2025.

Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $280
Director I $280
Senior Supervisor II $245
Supervisor I $228
Senior Professional II $212
Senior Professional I $197
Professional IV $174
Professional III $161
Professional II $145
Professional I $128
Associate III $117
Associate II $102
Associate I $95
Senior GIS Specialist $160
GIS/CADD Specialist II $140
GIS/CADD Specialist I $125
Technical Editor $130
Project Accountant $110
Billing Specialist $95
Production Specialist $105
Clerical $95
*Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.

Reimbursable Expenses
Direct Cost Rates
Photocopies – Black and White $0.20 (single-sided) & $0.40 (double-sided) Photocopies – Color $1.50 (single-sided) & $3.00 (double-sided) Photocopies – 11 x 17 $0.50 (B&W) & $3.30 (color)
Oversized Maps $8.00/square foot
Digital Production $15/disc and $20/flash drive
Light-Duty and Passenger Vehicles* $88/day
4WD and Off-Road Vehicles* $140/day
* $0.65/mile for mileage over 50 and for all miles incurred in employee-owned vehicles.

City of San Marino
Proposal for Contract Planning Services

Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to annual escalation. Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment.

Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.

Thank you for your consideration and for this opportunity to support the City of San Marino. We are confident that the Rincon team will meet the needs of the City, and we welcome an opportunity to meet with you to further discuss our qualifications. If you have any questions regarding this proposal, please contact Lilly Rudolph at (805) 947-4828 or [email protected].

Sincerely,
Rincon Consultants, Inc.

Lilly Rudolph, MPA, AICP
Senior Program Manager
Deanna Hansen
Principal/Vice President
Attachments
Attachment 1 Staff Resumes

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
BFA, Graphics, California State
University, Fullerton

AFFILIATIONS
Association of Environmental
Professionals
American Planning Association
Deanna M. Hansen
Principal
Ms. Hansen has over 20 years of experience in environmental consulting and has contributed to a wide variety of residential, commercial, and industrial projects. She has developed a well-balance expertise in environmental compliance for a variety of development projects in addition to remediation projects, specializing in CEQA/NEPA compliance. She has developed a level of understanding required to clearly explain technical concepts and issues for public comprehension, particularly for projects that include complex technical analyses and controversial public policy and planning issues. As a Principal with Rincon, Ms. Hansen provides strategic guidance, project oversight, workload and personnel management, training, and serves as a client and agency liaison for projects located throughout California.

Her major clients include state agencies, cities/counties throughout California, ports, developers of residential, commercial, industrial, and mixed-use projects, major hospitals, museums and other cultural organizations, primary and secondary educational facilities. In addition, Ms. Hansen has developed sound working relationships with many state and local agencies along with a solid understanding of their practices, procedures, and preferences.

SELECT PROJECT EXPERIENCE
Principal, City of South Pasadena – On-call Planning and Entitlement Review Services, South Pasadena, California
Ms. Hansen is providing strategic guidance for entitlement, environmental planning and other planning services to the City on an as-needed basis. Tasks include, but are not limited to, ensuring consistency with the General Plan, Zoning Ordinance (including Hillside Protection regulations) and the Cultural Heritage Ordinance; design guideline review for residential and commercial structures; and soils and grading, drainage, and design compatibility.

Principal, Housing Authority of the City of Los Angeles (HACLA) – On-Call, Environmental Services, Los Angeles California
Ms. Hansen is overseeing the on-call contract with HACLA for environmental services.

Tasks include preparing appropriate CEQA/NEPA documents, peer review, technical studies (including but not limited to: air quality, cultural/historic, noise, GHG, Phase I/II ESAs, assistance with Tribal consultation, etc.), provide coordination/consultation with stakeholders, and attendance at public hearings.

Principal, City of Redlands – On-Call Services, San Bernardino County, California Ms. Hansen is overseeing the on-call contract with the City of Redlands for environmental services. Tasks include preparing appropriate CEQA documents, peer review, technical studies (including but not limited to: air quality, cultural/historic, noise, GHG, Phase I/II ESAs, assistance with Tribal consultation, etc.), provide coordination/consultation with stakeholders, and attendance at public hearings.

Deanna M. Hansen, Page 2
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers
Principal, City of Long Beach – On-call, Planning & Affordable Housing Consultant Services, Long Beach Ms. Hansen is providing strategic guidance to the City for environmental services (CEQA/NEPA), technical studies and planning staff services. Environmental services include preparing the appropriate documents for public and private development projects, peer review, preparation of compliance reports, provide expert testimony and provide coordination and consultation with major stakeholders and government agencies. Planning tasks include, but are not limited to, development of planning documents, update of City zoning code, attendance at public hearings and zoning audits.

Principal, County of San Bernardino – San Bernardino County On-Call Planning Services, San Bernardino County Ms. Hansen is providing strategic guidance to the County for and overseeing the on-call contract with the San Bernardino County for environmental services. Rincon is providing on-call CEQA support for development projects being considered by the County. CEQA support activities include the preparation of technical reports, preparation of Initial Study-Mitigated Negative Declarations, Environmental Impact Reports, and Environmental Assessments, as well as the peer review of environmental documentation. Support services cover a variety of project type including commercial/retail, industrial, and residential, with the County’s three key geographies of valley, mountain and desert.

Principal, City of Santa Ana – Community Development Agency, Santa Ana Ms. Hansen is providing strategic guidance to the City of Santa Ana Community Development Agency. Rincon has prepared the environmental documentation for a variety of projects including affordable housing developments, parks projects and street improvements. Many of the projects include preparation of the environmental documentation required under NEPA, because the City sought federal funding for the repair work, which needs to be approved by the Department of Housing and Urban Development.

Project Director, City of Calabasas – On-Call Contract, Calabasas Ms. Hansen served as the Project Director for on-call contract with the City of Calabasas for CEQA document preparation, geotechnical studies, biological assessments and other technical reviews, review of proposed projects and documentation from other jurisdictions surrounding the City, and compliance monitoring and reporting regarding approved mitigation measures. Oversees staff that provides oak tree damage assessments for the code enforcement department, reviews tree reports prepared by City-approved arborists, and provides oak tree damage and appraisal reports. Successfully completed over 60 task orders.

Project Director, Los Angeles Unified School District – Master Services Contract, Los Angeles Ms. Hansen served as the Project Director for the LAUSD’s master services contract for CEQA documentation and historic/cultural resource assessments. She was responsible for negotiating contract issues with the client and providing strategic oversight.

Project Director/Project Manager, March Joint Powers Authority – On-Call Environmental Services, Riverside County Ms. Hansen worked closely with March Joint Powers Authority (JPA) to provide strategic guidance and overall environmental compliance management and litigation support. Additional services included consulting services to support proposed business park, healthcare and aviation activities. In addition to CEQA documentation and peer review, the projects included construction air quality impact analyses, operational air quality impact analyses health risk assessments, cumulative air quality impacts, air quality and dispersion analysis relative to air emissions for airport related activities, and formulating appropriate mitigation measures relative to airport and business park activities.

Project Director, DR Horton – Master Contract, Temecula Ms. Hansen provided strategic guidance and management as part of a master contract with DR Horton for projects throughout Southern California. Activities included preparing environmental documentation and providing planning services for projects in primarily in Riverside County. Under her guidance, her team prepared environmental compliance documents, MNDs, and Initial Studies, as well as Health Risk Assessments, air quality and noise technical studies, cultural resource studies, and permit services.

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
MPA, Baruch College, City
University of New York
BA, International Relations,
University of California, Davis

CERTIFICATIONS/

REGISTRATIONS
American Planning Association,
American Institute of Certified
Planners (no. 023166)

AFFILIATIONS
Central Coast Section of the
California Chapter of the
American Planning Association
Board member (2011 – 2018,
2020 – present)
2019 American Planning
Association California Chapter
Conference Mobile Workshop
Chair
Leadership Ventura (2013-
2014)
Lilly Rudolph, MPA, AICP
Senior Program Manager
Ms. Rudolph is responsible for managing current planning assignments and longrange planning documents for municipal planning agencies. Over her career in planning, community development, and economic development, Ms. Rudolph has developed a broad background of experience ranging from preparing long range planning documents to processing residential, commercial, agricultural, and industrial development applications and infrastructure projects for cities and counties. She has prepared and/or managed general plan updates, design guidelines, specific plans, historic resource surveys, and ordinances and is experienced in the preparation and management of CEQA documents for plan areas and development projects.

SELECT PROJECT EXPERIENCE
Project Manager, City of South Pasadena – Various Project, South Pasadena Ms. Rudolph is managing a team of planners to expedite project review for the City South Pasadena Community Development Department. She oversees the preparation of scopes and cost estimates that are tailored to individual project complexity, coordinates with City staff through the design and development review process, and provides quality assurance for deliverables. Through this experience, she has developed positive working relationships with City staff and is familiar with the City’s development review process.

Project Manager/Contract Planner, City of Malibu – Various Projects, Malibu Ms. Rudolph provided contract planning services for the City of Malibu for six years.

She processed dozens of coastal development permit applications for single family residential development on parcels with physical constraints such as bluffs, landslides, archaeological resources, steep slopes, environmentally sensitive habitat area, and visual resources.

Project Manager/Contract Planner, City of Ventura – Various Projects, Ventura Ms. Rudolph provided contract planning services for special projects for the City of Ventura. She was the project manager for the Ventura Auto Center Specific Plan Amendment, which involves the installation of freeway-oriented signage, General Plan Amendment, and preparation of a mitigated negative declaration. She is also the project planner for the Olivas Park Specific Plan, an infrastructure plan involving the construction of a levee adjacent to the Santa Clara River and extension of a roadway to facilitate commercial and industrial development on vacant land.

Contract Planner, City of Grover Beach – Various Projects, Grover Beach Ms. Rudolph served as an extension of City Staff to process complex land use permit applications. She coordinated with City staff for interdepartmental staff review and facilitated the collection of staff review comments, and corresponded with applicants, staff, and others to resolve outstanding issues. She also reviewed all technical documents and each project’s development plans for consistency with the General Plan, Zoning Ordinance, and other applicable planning document, and prepared staff reports, resolutions, and conditions of approval and presented staff reports and technical documents to the Planning Commission and City Council, and prepared final approval documents and complete planning department plan checks.

Lilly Rudolph, MPA, AICP, Page 2
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers
Contract Manager, Contract Planning Services, City of Guadalupe – Various Projects, Guadalupe Rincon provided full-service staffing of the Planning Department for the City of Guadalupe from 2006 to 2017. The City has no in-house Planning staff and as such Rincon was responsible for all Planning Department functions and reported directly to the City Administrator. This included processing of all development applications, long-range planning functions, staffing the Planning Commission, fielding development inquiries and pre-application meeting requests, identifying and implementing process improvements, and assisting the City with prioritizing planning resources and programs. Rincon also provided CEQA compliance services for the City.

Contract Planner, City of Malibu – Civic Center Northeast Specific Plan and Coastal Development Permit PostApproval Revisions, Malibu Ms. Rudolph oversaw the post-approval process for the City of Malibu Civic Center Northeast Specific Plan and Coastal Development Permit. This involved plan checks for project details such as architecture, landscaping and open space, vehicle impact protection devices, and vehicular, bicycle, and equestrian parking. She also reviewed and provided recommendations for post approval project modifications and monitored compliance with conditions of approval and mitigation measures.

Project Manager/Contract Planner City of Grover Beach – 1400 Ramona Avenue, Grover Beach Ms. Rudolph served as an extension of City Staff to process complex land use permit applications, including a development for a 3-unit apartment complex and two live/work units. The project involved a General Plan amendment, zone change, and conditional use permit and preparation of a mitigated negative declaration. She coordinated with City staff for interdepartmental staff review and facilitated the collection of staff review comments, and corresponded with applicants, staff, and others to resolve outstanding issues. She also reviewed all technical documents and development plans for consistency with the City of Grover Beach General Plan, Zoning Ordinance, and other applicable planning document, and prepared staff reports, resolutions, and conditions of approval and presented staff reports and technical documents to the Planning Commission and City Council, and prepared final approval documents and complete planning department plan checks.

Contract Planning Management
Project Manager, Various Clients, Various Contract Planning Management Projects, Various Counties/Cities, California
Ms. Rudolph oversees contract planning staffing for current and long-range planning assignments for the following municipalities:
▪ City of Grover Beach
▪ City of Guadalupe
▪ City of Ventura
▪ City of Oxnard
▪ City of Fillmore
▪ City of Simi Valley
▪ City of Moorpark
▪ County of Ventura
▪ City of Malibu
▪ City of Long Beach
▪ City of South Pasadena
▪ City of West Hollywood

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
MS, Planning, University of
Arizona
BA, Geography and Regional
Development, University of
Arizona

CERTIFICATIONS/

REGISTRATIONS
American Planning AssociationMember (2007 – present)

AFFILIATIONS
Los Angeles Section of the
California Chapter of the
American Planning Association
(2010 – present)
Michael Paul Rocque, MS
Senior Planner II
Mr. Rocque is a Senior Planner with Rincon’s Environmental Planning and Sustainability Group. He has experience in many facets of urban planning and across multiple landscapes and environments in both southern Arizona and the southern California region. He also has a vast amount of public sector experience, where he most recently worked as a City Planner at the City of Santa Monica, City of Manhattan Beach and as a Senior Planner at Pima County Arizona. Mr. Rocque has processed mixed-use, residential, commercial, agricultural, and industrial development applications along with hundreds of wireless telecommunication projects for cities and counties and has prepared and/or managed general plan updates, design guidelines, and land use settlement agreements. He also has expertise in coastal project planning and working with several California state agencies in processing of permits. He is integrally involved in Rincon’s contract planning practice and provides management level assistance with both discretionary planning projects and longrange projects as well as preparation of CEQA documents.

SELECT PROJECT EXPERIENCE
Development
Project Manager/Contract Planner City of Pico Rivera – 6605 Rosemead Blvd, Pico Rivera
Mr. Rocque is serving as an extension of City Staff to process a complex land use permit application, for a new self-storage development. The project involves a Zone Code amendment, General Plan amendment, Zone Change, and Conditional Use permit and peer review of a mitigated negative declaration. He is coordinating with City staff for interdepartmental staff review and facilitated the collection of staff review comments, and corresponded with applicants, staff, and others to resolve outstanding issues. He is also reviewing all technical documents and development plans for consistency with the City of Pico Rivera General Plan, Zoning Ordinance, and other applicable planning documents, and preparing staff reports, resolutions, and conditions of approval and presenting staff reports and technical documents to the Planning Commission and City Council
Case Planner, City of Santa Monica-Bergamot Area Plan Office Redevelopment Project and EIR
Mr. Rocque was the case planner and project manager for a new 200,000 square foot office re-development project located within the City's transit oriented specific plan areas and that was part of a full EIR. The project required a development review permit to ensure the project conformed with the provisions, code requirements and community benefits for a Tier 2 project with the Bergamot Area Specific plan.

Case Planner, City of Santa Monica-Settlement agreement for 10 new mixed-use projects in Downtown Community Plan area.

Mr. Rocque was the case planner and project manager for a total of 10 new mixeduse project sites consisting of nearly 300,000 total square feet in size and 1,000 new units within the City's Downtown Plan that were tied to a large settlement agreement with expedited reviews and time frames that needed to be met.

Michael Paul Rocque, MS, Page 2
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers
Case Planner, City of Santa Monica-Conditional Use Permit for Microbrewery expansion project.

Mr. Rocque was the case planner and project manager for a new 120,000SF microbrewery expansion project that included a new kitchen, indoor tasting room and outside patio seating area. This project was and is the only of its kind located in the City so it presented challenges of applying standards and overall site design and management.

Case Planner, City of Santa Monica-Development Review Permit for a new 45,000SF mixed-use project along Pacific Coast Highway.

Mr. Rocque was the case planner and project manager for a new 45,000SF mixed-use development located off Pacific Coast Highway (PCH). The project site was irregular in that it was very shallow in depth and had a slight uphill grade with access being provided off PCH that went through several different iterations with key stakeholders and staff prior to finding the best solution and site access point. The project was ultimately appealed to City Council but was unanimously approved.

Case Planner, City of Manhattan Beach-Conditional Use Permit for a new Wireless Telecommunication Facilities at Live Oak Park.

Mr. Rocque was the case planner and project manager for a new Wireless Telecommunications Facility located at Live Oak Park. The project consisted of installing new antennas and associated equipment within new foul poles at a little league baseball field. This project drew great scrutiny due to the proximity to the baseball field and potential safety and health concerns from the facility. Numerous public meetings and workshops were held, and the project was ultimately appealed to City Council and was approved with several conditions.

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
Master of Urban Planning, Sol
Price School of Public Policy,
University of Southern
California
BA, Economics and History,
University of Wisconsin,
Madison, Wisconsin
Certificate in Project
Management, University of
California, Los Angeles

CERTIFICATIONS/

REGISTRATIONS
Project Management
Professional (PMP)
Certification, Project
Management Institute

YEARS OF

EXPERIENCE
5 Marco E. Mendoza
Land Use Planner
Mr. Mendoza is a dynamic and experienced land use professional with knowledge of project management principles including the development and management of project scopes, budgets, timelines and stakeholder relationships. Prior to joining Rincon, Mr. Mendoza managed numerous Community Placement Plan (CPP) projects involving the site selection, acquisition, design and rehabilitation of single family homes into residential care facilities for individuals with intellectual and developmental disabilities. Additionally Mr. Mendoza was involved in predevelopment activities for two multifamily projects. Mr. Mendoza has extensive experience working with numerous external and internal stakeholders to invent creative solutions to complex problems.

SELECT PROJECT EXPERIENCE
Project Manager, Brilliant Corners– Wyandotte Multifamily Housing Project, Los Angeles
Mr. Mendoza conducted predevelopment activities for a 50 unit multifamily development site in the San Fernando Valley area of Los Angeles. These activities included site selection, site feasibility analyses, pro forma development, community outreach, and negotiating with property sellers and real estate agents.

Project Manager, San Gabriel/Pomona Regional Center (SG/PRC)– Community Placement Plan (CPP) Multiple Projects, Los Angeles County Mr. Mendoza successfully obtained contracts for Brilliant Corners to acquire and rehabilitate 12 single family homes into residential care facilities for individuals with intellectual and developmental disabilities (IDD). Mr. Mendoza managed the site selection, acquisition, design, plan check, construction and project closeout of three of these projects. He worked closely with representatives from SG/PRC and the California Department of Developmental Services to create unique residential care homes that incorporated specific person-centered design features. Additionally, Mr.

Mendoza worked extensively with third party realtors, architects, vendors and general contractors as well as planners from various municipal agencies in order maintain project quality and scope while managing budgets and timelines.

Project Manager, Frank D. Lanterman Regional Center (FDLRC)– Community Placement Plan (CPP) Multiple Projects, Los Angeles County Mr. Mendoza obtained contracts for Brilliant Corners to acquire and rehabilitate 10 single family homes into residential care facilities for individuals with intellectual and developmental disabilities (IDD). Mr. Mendoza himself managed the site selection, acquisition, design, plan check, construction and project closeout of four (4) of these projects. He worked closely with representatives from FDLRC and the California Department of Developmental Services to create unique residential care homes that incorporated specific person-centered design features. Additionally, Mr. Mendoza worked extensively with third party realtors, architects, vendors and general contractors as well as planners from various municipal agencies in order maintain project quality and scope while managing budgets and timelines.

Marco E. Mendoza, Page 2
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers
Project Manager, Kern Regional Center– Community Placement Plan (CPP) Multiple Projects, Kern County Mr. Mendoza successfully obtain contracts for Brilliant Corners to acquire and rehabilitate 12 single family homes into residential care facilities for individuals with intellectual and developmental disabilities (IDD). Mr. Mendoza managed the site selection, acquisition, design, plan check, construction and project closeout of five (5) of these projects. He worked closely with representatives from KRC, and the California Department of Developmental Services to create unique residential care homes that incorporated specific person-centered design features. Additionally, Mr. Mendoza worked extensively with third party realtors, architects, vendors and general contractors as well as planners from various municipal agencies in order maintain project quality and scope while managing budgets and timelines.

Project Manager, Brilliant Corners– Proposition HHH Housing Innovation Challenge, Los Angeles Mr. Mendoza was part of the development team at Brilliant Corners that responded to a funding application and was subsequently awarded a $10 million grant from the City of Los Angeles to develop 50 units of permanent supportive housing for individuals experiencing homelessness. Mr. Mendoza supported the development team by developing project Pro Formas, writing various narratives and working with architects to create a conceptual design.

Project Manager, Brilliant Corners– Avalon Multifamily Housing Project, Los Angeles Mr. Mendoza conducted predevelopment activities for a 50 unit multifamily development site in the Wilmington neighborhood of Los Angeles. These activities included site selection, site feasibility analyses, pro forma development, community outreach, and negotiating with property sellers and real estate agents. Mr. Mendoza also worked with architects, civil engineers and city planners to develop a preliminary site and floor plan for the project.

Planner, City of Thousand Oaks – Thousand Oaks Ranch EIR, Thousand Oaks Mr. Mendoza assisted with the development of an Environmental Impact Report (EIR) for a mixed use development project in Thousand Oaks. His duties involved drafting EIR sections including the introduction, project description, environmental settings and executive summary as well as addressing necessary revisions on several other EIR sections.

Planner, California State University, Northridge – California State University, Northridge Equity Innovation Hub ISMND, Los Angeles
Mr. Mendoza assisted with drafting an Initial Study – Mitigated Negative Declaration (ISMND) for the Equity Innovation Hub development at California State University, Northridge (CSUN). He drafted several sections of the ISMND including Aesthetics, Energy, Geology, Hydrology, Land Use and Planning and Population and Housing.

Planner, California State University, Fullerton – California State University, Fullerton Visual Arts Complex FOC, Fullerton
Mr. Mendoza drafted a Finding of Consistency (FOC) (ISMND) for the Visual Arts Complex development at California State University, Fullerton. The purpose of the FOC was to determine that the Visual Arts Complex development was consistent with the Campus Master Plan EIR and would not require further environmental analysis.

Planner, City of Montclair – City of Montclair General Plan Update EIR, Montclair Mr. Mendoza assisted with drafting an Environmental Impact Report(EIR) for the City of Montclair General Plan Update. Sections he drafted include Agriculture, Geology, Population and Housing, Public Services, Recreation, Wildfire, Land Use and Planning, Mineral Resources, Hazards and Hazardous Materials and Hydrology.

Planner, County of Riverside – Morningstar Loop Project ISMND, Riverside County Mr. Mendoza assisted with drafting an Initial Study – Mitigated Negative Declaration (ISMND) for the Morningstar Loop project. The project constituted the development of a gas station, convince store and car wash on a vacant lot located in unincorporated Riverside County. He drafted several sections of the ISMND including Geology, Hazards and Hazardous Materials, Hydrology, Population and Housing, Utilities and Aesthetics.

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
MA, Urban and Regional
Planning, University of
California, Los Angeles
BA, International Development
Studies, Minor, Urban and
Regional Studies, University of
California, Los Angeles

CERTIFICATIONS/

REGISTRATIONS
CEQA Certificate – May 2020

YEARS OF

EXPERIENCE
5 Susan Hernandez, MA
Planner
Ms. Hernandez has a foundation in local government as a former planner for the City of Pico Rivera. She is experienced in site plan review, entitlement processing, and environmental planning. While employed as a planner with the City of Pico Rivera, she assisted various stakeholders such as developers, residents, and business owners with navigating the City’s zoning ordinance, General Plan, and city processes. She provided counter assistance to residents and developers in both English and Spanish.

She processed, managed, and reviewed entitlements including commercial and multifamily residential projects. She has also assisted with a variety of long range and environmental projects such as General Plan updates, zoning ordinance updates, initial study - mitigated negative declarations, and environmental impact peports.

SELECT PROJECT EXPERIENCE
Planner, City of Bakersfield- General Plan Update, Bakersfield The Bakersfield General Plan Update consists of an update to all elements of the General Plan, including the Housing Element. Ms. Hernandez is currently assisting in the Housing Element Update and is responsible for analyzing impediments in the land use controls, zoning code, enforcement, on and off site improvement requirements, fees, procedures and housing for persons with disabilities for the housing constraints analysis.

Planner, City of Pico Rivera – Contract Planning, Pico Rivera Ms. Hernandez provided a broad range of planning services to assist the City with daily planning activities and entitlement processing. She managed the public counter and facilitated entitlements including subdivision, variances, and Conditional Use Permits. She also processed minor planning applications and reviewed residential, commercial and industrial projects in Plan Check.

Planner, City of Selma – Zoning Ordinance Update, Selma Ms. Hernandez assisted in drafting a new Zoning Ordinance by clearly defining issues to be addressed and finding opportunities for improvement. She worked with others in updating the zoning ordinance to comply with state and federal legislation such as density bonus regulations, objective development standards, and accessory dwelling unit requirements. She also assisted in standardizing and simplifying the development review process to be transparent and consistent.

Planner, County of Fresno – General Plan Review and Zoning Ordinance Update, Fresno County
Rincon is completing the preparation of the Fresno County General Plan and Zoning Code update and associated Program EIR. As part of the preparation, the team has updated the County’s General Plan Background Report and prepared a draft General Plan, Zoning Ordinance, and Program EIR for public review. Ms. Hernandez assisted in researching and drafting a legislative review memorandum for Fresno County’s General Plan Review and Zoning Ordinance Update. She reviewed and analyzed the Draft General Plan and Zoning Ordinance for consistency with recent legislation that came into effect and/or passed in 2020 and 2021.

Susan Hernandez, MA, Page 2
Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers
Environmental Planner, City of Reedley – Initial Study Mitigated Negative Declaration for an Annexation, Reedley The city of Reedley is in the process for the Annexation of 58 acres of land from the County of Fresno into the City of Reedley. The project also includes the development of a commercial use as part of a master plan. Ms. Hernandez assisted with drafting several sections of the Initial Study- Mitigated Negative Declaration including the analysis of the environmental impacts for aesthetics, land use, minerals, public services, and wildfire. PREVIOUS WORK EXPERIENCE Planning Technician, Various Projects, Pico Rivera
Ms. Hernandez prepared and analyzed data for various planning projects and entitlements such as Conditional Use Permits and presented the projects to the Planning Commission. She provided customer service in English and Spanish to community residents, contractors, and developers at the planning counter regarding over-the-counter reviews, permits, and other planning information. She reviewed residential, commercial, and industrial projects for compliance with applicable zoning code requirements. She researched best practices related to implementation of state and local policies in order to help the city improve its own policies. Additionally, she assisted the community and economic development department expand the use of GIS through the integration of various projects on an ARC GIS platform.

Planning Intern, Various Projects, Pico Rivera
Ms. Hernandez assisted planners by collecting, preparing, and analyzing data for various planning projects and entitlements. She provided customer service to community residents, contractors, and developers at the planning counter regarding over-the-counter reviews, permits, and general planning information. She reviewed residential, commercial, and industrial projects for compliance with applicable zoning code requirements.

Los Angeles County Bicycle Coalition (LACBC)
Policy and Outreach Intern, Various Clients – Various Projects, Los Angeles Ms. Hernandez researched a 7 mile bike path corridor on Central Avenue in Los Angeles and created a report for the LA’s Great Streets Initiative. She conducted community surveys along Central Avenue with the general public in order to understand neighborhood desires and then translated that feedback into graphs, maps and other infographics for the report. She presented the findings to staff, advocates, and community members.

Rincon Consultants, Inc.

Environmental Scientists · Planners · Engineers

EDUCATION
MA, Urban & Regional
Planning, University of
California, Irvine
BA, Political Science, University
of California, Irvine

AFFILIATIONS
Member, American Planning
Association
Member, Association of
Environmental Planners
Andres Sanchez
Planner
Throughout his academic and professional career, Mr. Sanchez has worked on a diverse range of projects including reviewing development projects for zoning code compliance, examining local land use and zoning policies, and zoning code and Housing Element updates.

SELECT PROJECT EXPERIENCE
Planner – City of Selma– Zoning Code Update, Selma
Mr. Sanchez is currently assisting with the City of Selma Zoning Code Update. His duties involve assessing the City’s existing zoning code to identify areas that are inconsistent with state standards, rewriting and drafting Zoning Code sections, and providing technical support to community outreach staff.

Contract Planner, County of Monterey – Contract Planning, County of Monterey As a contract planner for the County of Monterey, Mr. Sanchez reviews architectural plans for consistency with County development regulations, assists applicants with inquiries and project coordination, and prepares staff reports and resolutions.

Contract Planner, City of Stockton – Contract Planning, Stockton Mr. Sanchez has served as a contract planner for the City of Stockton. In this role, Mr.

Sanchez provided administrative support to City Staff. His duties included responding to general zoning and entitlement process inquiries and assisting applicants with project submittals.

Planner – City of San Leandro – Housing Element Update, San Leandro Mr. Sanchez serves as a planner for the San Leandro Housing Element Update. In this role, Mr. Sanchez examines housing programs and provides recommendations for updating local programs based on the City’s housing data and development goals. He is responsible for compiling and analyzing demographic and socio-economic data and is assisting with the preparation of the draft Housing Element update.

Planner, City of Santa Clarita – Housing Element Update, Santa Clarita Mr. Sanchez evaluated existing land use patterns, Los Angeles County Assessor’s parcel data and aerial imagery to compile a vacant and non-vacant sites inventory.

Contract Planner, City of Madera – Contract Planning, Madera Mr. Sanchez has worked as a contract planner for the City of Madera. In this role, Mr.

Sanchez reviewed development applications, coordinated with applicants and City Staff, and prepared staff reports and resolutions.

Planning Intern, City of Alhambra – Planning Assistant, Alhambra Mr. Sanchez reviewed residential and commercial development applications and architectural plans to ensure conformity with City policies and ordinances.

Additionally, Mr. Sanchez assisted planning staff by conducting plan check reviews, providing customer service, and drafting entitlements.

Planning Intern, City of Diamond Bar – Planning Assistant, Diamond Bar Mr. Sanchez assisted departmental staff in administering planning procedures including routing projects, conducting plan check review for ministerial and discretionary projects, prepared staff reports, entitlements, coordinated with applicants and processed application fees.

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Fiscally Transparent and Responsible City Government
• Well-Maintained Infrastructure
• Inviting and Relevant City Facilities

BACKGROUND
During the recent heat wave, one of two compressors for the heating, ventilation, and air conditioning (HVAC) system chiller at the Crowell Public Library stopped functioning, causing a temporary closure of the library due to the excessive heat. Staff and an HVAC vendor were able keep the system operating at half capacity, using a secondary compressor, which allowed the library to open on an alternate schedule. A new compressor is needed to ensure that the library is able to stay at a reasonable temperature during normal operating hours.

DISCUSSION
Staff reached out to three vendors, all of whom have done HVAC repair work at the Crowell Public Library and other City facilities in recent years, for cost proposals for the new equipment.

Of the three vendors, only one vendor, Control Air, provided a proposal for a new compressor.

The two remaining vendors either did not provide a response or informed the City they do not work on large equipment. Due to the time sensitive nature of the procurement, staff is recommending to procure the air conditioning compressor from Control Air, in the amount of $65,056. Their proposal is included as Attachment 1. Staff is also requesting a small contingency for any potential complications during installation. The cost for the compressor includes equipment and labor costs, as well as a crane which will be needed to install the new equipment on the roof. Per Control Air, the lead time for this equipment is approximately 3-4 weeks, as the TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Robert Newman, Interim Director of Parks and Public Works/City Engineer Chris Gutierrez, Public Works Manager
DATE: September 14, 2022
SUBJECT: APPROVAL TO PROCURE AIR CONDITIONING COMPRESSOR

FOR CHILLER AT CROWELL PUBLIC LIBRARY IN AN AMOUNT
NOT TO EXCEED $70,000
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

manufacturer will need to build the part. Should this procurement be approved, staff will coordinate with the vendor to ensure the equipment is installed in a safe and timely manner.

FISCAL IMPACT & PROCUREMENT REVIEW
The adopted FY 2022-23 budget includes $500,000 in the Capital Improvement Budget for Citywide HVAC repairs out of Account #245-00-3201-0000. No additional budget appropriations are necessary at this time. The HVAC repair is an eligible expense according to the American Rescue Plan Act (ARPA) funding guidelines.

Given the time sensitive nature of the procurement and that Control Air is a qualified vendor, the Finance Director concurs that the best interests of the City are served by dispensing with competitive bids as permitted by Municipal Code Section 02.06.05. As such, it is recommended that the Council authorizes the procurement from Control Air.

LEGAL REVIEW
The City Attorney’s office has reviewed this staff report and approved it as to form.

RECOMMENDATION
It is recommended that the City Council approve the procurement of an air conditioning compressor for the chiller at the Crowell Public Library from Control Air in an amount not to exceed $70,000. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the procurement of an air conditioning compressor for the chiller at the Crowell Public Library from Control Air in an amount not to exceed $70,000.”

ATTACHMENTS

1. Proposal from Control Air

PROPOSAL FOR SERVICES:

Chiller System 1- Replace Compressor
COMPANY: CITY OF SAN MARINO - LIBRARY
BILLING ADDRESS: 1560 PASQUALITO DR., SAN MARINO, CA 91180 PROJECT: Chiller System 1- Replace Compressor
PROJECT LOCATION: 1890 HUNTINGTON DR., SAN MARINO, CA 91180 Control Air is pleased to present the attached proposal to replace the compressor on York Chiller System 1.

During the recent service visit our technician found the compressor failed which will need to be replaced along with the associated gaskets and filter drier. We are going to reuse the existing recovered refrigerant but if any additional refrigerant is needed, that will be an additional cost to the total project pricing. Due to the size of the compressor we will need a crane to remove the existing compressor from the roof top and the new on in place.

Please note that this compressor has a lead time of 3-4 weeks as they manufacturer will need to build this. We checked with the vendor to see if there was any way to expedite this and unfortunately they are not able to at this time.

The unit is currently running on one compressor at about 40% capacity. We can look into setting up a temporary chiller and provide pricing upon your request.

Feel free to reach out with any questions.

Thank you,
Kacey Hurt
Sales Executive
[email protected]
714.785.6716

SCOPE OF WORK
The following is the Scope of Work for your Chiller System 1- Replace Compressor SCOPE OF WORK: DXS24LASB46/50 / SYSTEM 1
• Pick up materials and report to jobsite.
• Gain access to unit and safe off electrical.
• Recover existing refrigerant charge.
• Crane lift down one (1) existing failed compressor and two (2) filter driers. • Crane lift up and install one (1) new OEM compressor
• Supply and install two (2) new filter driers.
• Leak check all work then place the system on a vacuum. • Charge system with recovered refrigerant.
• Start up and verify proper operations.
• Clean up and remove any debris caused by scope.

BASIS OF PRICING
• All work will be performed during regular working hours and on normal workdays, as outlined in the respective trade union agreements.
• We have included a one (1) year warranty on all new equipment, new materials and associated labor for newly installed systems from the date of final acceptance.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
2

PROJECT SUMMARY & PRICING
CUSTOMER: CITY OF SAN MARINO
PROJECT: Chiller System 1- Replace Compressor
PROJECT LOCATION: 1560 PASQUALITO DR., SAN MARINO, CA 91180 TOTAL PROJECT PRICING: $65,056.00
PRICING QUALIFICATION:
• Please see the below terms and conditions for pricing basis • Please see the below list of exclusions for pricing basis PROPOSAL LIFE: This proposal is valid for 30 days as of September 7, 2022.

CUSTOMER ACCEPTANCE:

SIGNATURE

PRINTED NAME
TITLE
DATE
CONTROL AIR ACCEPTANCE:

SIGNATURE

PRINTED NAME
TITLE
DATE
By signing the signee acknowledges that they have read and agree to the terms, conditions, and exclusions included in this proposal.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
3

The below outlines the TERMS & CONDITIONS for your Chiller System 1- Replace Compressor. • All work covered by this Agreement shall be performed during normal business hours, unless otherwise stated herein. Control Air shall be allowed sufficient time to for performance of the work on the basis of a normal 8 hour work day. In the event that Customer or the circumstances require that Control Air provide labor on an overtime basis, then all such additional expense incurred by Control Air as a result, shall constitute an additional charge to Customer, which Customer agrees to pays.
• Customer shall prepare the premises to permit free movement and installation of materials by providing necessary openings, supports, cutting, patching, utility service, and otherwise pay all fees required under the applicable codes, ordinances and regulations unless agreed to otherwise herein.
• Should Control Air encounter any asbestos material in the course of performance, Control Air shall have the right to immediately discontinue work until such time as the hazardous materials are abated to Control Airs satisfaction, and the time for performing the services hereunder shall be extended accordingly, and Control Air be compensated for any damage, loss or cost associated with same.
• Control Air will provide all manufacturers standard warranties for newly installed material and equipment, not to exceed one year from the first beneficial use, except that no warranty shall apply in the event of misuse and/or abuse of the systems. Control Air warranties all repair work for a period of one year from the date of first beneficial use. There are no other warranties, expressed or implied other than the above.
• Control Air shall not be liable for consequential damages of any kind, including, but not limited to, liquidated damages, loss of use, loss of rent, interest expense, loan carrying costs, overhead or other delay damages. Control Airs liability shall be limited to the warranties set forth herein.
• Control Air shall not be responsible for the corrosive or erosive action of liquids and/or gases upon the specified equipment, and equipment damaged by same shall not be considered defective under this Agreement, and, therefore, is not covered by the above warranties. • This Agreement may only be modified in writing, executed by both Customer and Control Air, and in no other way. This Agreement constitutes the entire agreement between the parties and supersedes and revokes all previous agreements, written or oral, related to the work covered herein.
• Under no circumstances shall the liability of Control Air under this Agreement exceed the value of this Agreement.
• Control Air shall not be bound by any plans, specifications, directives or requests that have not been provided to Control Air in advance of this Agreement and expressly incorporated herein by reference. Nor shall Control Air be bound by any laws, ordinances, codes or regulations not in effect at the time this Agreement is executed, or which have become Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
4

obsolete because they are no longer enforced by the public body enacting same. • Control Air shall not be liable for any delays in performing this Agreement which are beyond its control, and not the sole, exclusive, direct and proximate result of Control Airs work. • If any of the materials specified herein are not readily available, Control Air may substitute equally efficient materials and fixture in lieu of the specified equipment upon notice to Customer. Should said substitution result in a cost saving, Customer will be credited the value of the saving resulting from the substitution.
• Control Air will not perform any extra work, i.e., work not specifically identified in this Agreement, unless agreed to in advance by Customer in writing. Customers written extra work order, if accepted by Control Air, shall serve to modify this Agreement and bind Customer thereto. Control Air reserves the right to refuse to perform extra work at its sole and absolute discretion.
• All invoices are due Net 30 days. If any invoice is not paid within the time required hereunder, a financial charge of 1.5% per month will apply until such time as payment is made. • Customer may not withhold any amounts due under this Agreement on account of an alleged backcharge or offset, unless Customer has provided written notice of the backcharge or offset within five (5) business days of the event giving rise to the alleged backcharge or offset, in which case, Control Air must be given a full and reasonable opportunity to either rebut the allegation in writing or cure the alleged deficiency. In no event may Customer withhold funds from Control Air unless a notice is required hereunder and is first delivered to Control Air within the time required. Failure to provide the notice of backcharge or offset and the opportunity to cure same shall result in a waiver of the alleged backcharge or offset, regardless of the actual prejudice or damage caused to Control Air as a result of the failure to provide notice. This provision is a material term of this Agreement without which Control Air would not have agreed to perform the services hereunder. • In the event of Customers breach of any material provision of this Agreement, including, but not limited to, failure to timely and fully pay Control Air, Control Air may suspend performance of its work after providing 3 days prior written notice to Customer. In the event that Control Air suspends performance and is required to remobilize to complete the work when the breach is cured, Control Air shall be entitled to recover all of its actual costs and damages incurred as a result of the suspension, including, but not limited to, mobilization costs.
• Should either party hereto be required to engage the services of an attorney(s) to enforce the terms of this Agreement, whether or not legal action is commenced, the successful party shall be entitled to recover its reasonable attorneys fees and costs. • Control Air accepts no responsibility for the design of the work required under this Agreement unless expressly stated otherwise in hereto. Nor does Control Air accept any responsibility for Customers existing equipment or systems. Unless expressly stated otherwise, this Agreement is entered into to provide service and repair work only, and not to replace equipment and Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
5

systems. Unless agreed to otherwise, Control Airs responsibilities to Customer in relation to the service and repair work are limited to the repair warranty discussed in paragraph 4. • Any loss or damage to Sellers work, materials or equipment occurring at the site of the project caused by fire, flood, windstorm, riot or civil commotion shall be covered by Customers insurance.
• Control Air shall not be responsible for the cost of correcting defects caused to Control Airs work by the acts or omissions of employees or other subcontractors, contractors, owners, architects, consultants or others.
• In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions stated in the plans and specifications or any other contract document, the terms and conditions of this Agreement shall govern the rights, responsibilities and obligations of Control Air and Customer in relation to one another. • Except as otherwise provided by this Agreement or required by law, Customer agrees to pay and comply with and hold Control Air harmless against the payment of all Federal, State and local contributions, taxes, duties or premiums related to the project.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
6

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Safe Community

BACKGROUND
At a special City Council meeting on Friday, May 7, 2021, then-Vice Mayor Jakubowski recognized May as Asian American and Pacific Islander (AAPI) Heritage Month, and, in addition to requesting a proclamation from the City to commemorate the celebration, asked City staff to research what role(s) the City could play moving forward to create and maintain a more inclusive community for all of our residents. City Council Members unanimously agreed, and staff brought back recommendations to the May 28, 2021 meeting.

City staff researched what other cities have done to build inclusive communities and what resources existed. It was recommended by staff at that time that the City create a led-by-thecommunity, coordinated-by-the-City, facilitated-by-an-expert Diversity, Equity, and Inclusion (DEI) Task Force to address issues of inclusion in San Marino. Similar to the model of the successful San Marino Center Task Force, this option created a task force comprised of the Mayor and Vice Mayor, City management, and appointed community members who would bring a critical level of expertise, personal experience, and resources. The emphasis on this was to be a community-led Task Force that would produce a list of suggestions that was not limited to just things the City’s municipal government could do to make San Marino more equitable and inclusive but would also include items that all organizations and people connected to the community could take on. The City Council voted unanimously on May 28, 2021, to create a DEI Task Force and appropriate $45,000 to hire a trained expert to facilitate the task force.

After the discussion and direction given at the May 28, 2021 meeting, staff released a Request for Proposals (RFP) for a trained facilitator to lead a community-led task force that would address the issue of inclusion in San Marino. From the proposals received, staff recommended the City TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Nicole Cuadras, Community Engagement Manager
DATE: September 14, 2022
SUBJECT: RECEIVE AND FILE RECOMMENDATIONS FROM THE DEI TASK FORCE
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

contract with CPR HR Consulting, and City Council approved that contract on September 24, 2021. Staff worked with CPS HR Consulting, then-Mayor Ude, and then-Vice Mayor Jakubowksi to release an application to the community for DEI Task Force Members. Due to vacancies in the Community Engagement Manager Position and delays with COVID-19 shutdowns, the application and selection process was not finalized until February 2022. The final DEI Task Force consisted of Mayor Jakubowski, Vice Mayor Talt, City Manager Marcella Marlowe, and community residents who were dedicated to this effort in the City.

Starting on March 28, 2022, the DEI Task Force met semi-monthly to discuss challenges, ideas, and paths forward to a more equitable, inviting, and inclusive San Marino. These meetings included reflections on experiences within the community and trust building to create an open environment to conduct brainstorming of their recommendations to the community.

DISCUSSION
Attachment 1 is the final list of recommendations that the DEI Task Force members felt were most pressing and best suited to meet the community’s needs. Many of these suggestions are not specific to City Council or City Departments; nevertheless, as the lead agency on this Task Force, the City Council may feel strongly about taking action on a few to start. Each item has varying levels of work, fiscal commitment, and scope of reach.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no fiscal impact or procurement review at this time.

LEGAL REVIEW
The City Attorney’s office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council discuss potential DEI projects, provide staff direction on projects to begin research on, and receive and file the DEI Task Force Recommendations.

ATTACHMENTS

1. DEI Task Force Recommendations

The DEI Task Force was commissioned by the
City Council of San Marino in 2021. The Task
Force was intended as a community led initiative
with the City simply sponsoring the facilitator for
the group to meet its goal. The group was formed
from volunteer applicants and met April 2022
through July 2022.

This document is the summary of ideas that the
DEI Task Force came up with of action items that
would make San Marino a more welcoming and
inclusive community.

This is list is not exhaustive or prescriptive to any
particular group or persons. It is meant to be a
menu of ideas for you and your organization(s) to
consider implementing.

DIVERSITY, EQUITY,

AND INCLUSION (DEI)
TASK FORCE 2022

DEI SUGGESTION

CATEGORIES
Individual DEI Initiatives
Community Organization DEI
Initiatives
Operational/Policy/Culture Shift
Initiatives
Continuing DEI Promotion and
Evolution

Genuinely get to know your neighbors and community. Ask appropriate questions to learn about their background, culture, etc.

Offer to help others and follow through on those commitments.

Do your part to encourage and enhance inter-community cooperation and sharing of information.

Say hello to people around town, smile, and take opportunities to make new friends.

Make a point to introduce yourself at events, break out of the group you know, or/and invite new people in.

If you see something rude, say something. Commit to standing up for those being mistreated or left out. Don't ignore hateful behavior and/or extreme political views.

Encourage block parties and other neighborhood get-togethers to help develop a sense of belonging, as well as to integrate long-time residents with newer residents Listen to all people of various tenures of residency equally.

Organizations should seek direct input from community members and listen to them regarding any concerns or expectations.

Organizations should make volunteering/membership as transparent and welcoming as possible.

Provide a simple "volunteer job description" for each task or clear expectations for members.

Do not expect others to know how your organization has always done things, and be open to new ideas!
Be innovative in getting new people to volunteer to get fresh perspectives.

Feature stories about residents/members/staff to illustrate their background/interests/relatability or host a “Meet Me” / “Check Out a Person” for people to get to listen to each other’s stories.

Invest time and resources in educating your members/community/students about different cultures.

Encourage groups (such as NCL, Jr Alliance, Masons, Valley Hunt Club, etc.) to have a more diverse membership.

Offer a variety of community events that would appeal to people of all backgrounds and tenure of residency.

Ensure that events are well advertised, and details are available for newcomers that may not be familiar with regular events.

Showcase cultural displays, food, special skills, dance, etc.

Encourage block parties and other neighborhood get-togethers to help develop a sense of belonging as well as to integrate long-time residents with newer residents Hold an International Festival annually.

Hold an “Appreciation of San Marino Day” that acknowledges the native people to whom this land belonged.

Member Considerations
Event Considerations

Make current information about your organization readily available (brochures in public buildings and on the community website) about volunteer opportunities, community groups, or organizations, including:

The name of the organization
Purpose of organization and major initiatives and/or events Description of volunteer opportunities
Frequency and dates of meetings
Location of meetings (including street address)
Executive members, including their contact information (phone or e-mail) Application or expression of interest form for community members to provide their skills and interests as potential volunteers
Create a package of useful information to give each resident or household. Include common things that many local residents might take for granted, such as:

Regular store and banking hours
When and where the garbage is picked up
How to get a post office box
Doctors’ offices and other health care services
Daycare services
Establish and maintain DEI goals, strategies, action plans, periodic reviews, and an annual report.

Sponsor programs that pair up two residents that have different cultural backgrounds or different association memberships to volunteer together.

Hold community meetings for all aspects of the community – clubs, churches, schools – to create activities to help people feel included.

Treat/recognize all cultural/religious holidays with the same fervor across the board.

Other Considerations

Stop the practice of property sales based on race, ethnicity, gender, sexual orientation, and all other discriminatory categories. Photos of potential buyers should not be requested.

Ensure there are a variety of ongoing ways to learn English as another language, as well as find volunteers to help translate if needed.

Improve central gathering places for community activities where all can feel welcome.

Create courses or programs for students in the school district (e.g. 3rd and 9th) on DEI, emotional intelligence, and compassion.

Hold DEI annual training for city businesses.

Encourage DEI hiring goals in businesses and organizations.

Encourage commitment to educating children who reside outside of the city and commit to treating inter-district students equally.

Have businesses, development, and commerce that bring different people together such as:

Add retail and a thrift store to the city. Promote diversity in retail.

Hold tolerance for mixed-use space.

Bring back the Farmers Market.

Create a food hall (like Blossom Market).

Local publications (such as the San Marino Tribune) to include more people in its distribution – potentially create a fund to supplement subscriptions, if needed.

Get local publications to similarly highlight quinceañeras and other cultural milestone celebrations as the debutante balls.

Track and set City demographic metrics for improvement.

Increase diversity of persons who volunteer within the school system, city bodies, and community groups.

Evaluate bathroom options and expand availability for non-binary individuals and all ages (children’s sized toilets, increased mobility assistance in restrooms, etc.).

Make housing more accessible for everyone.

Create a Foundation for housing down-payment assistance for families in need.

City and the School District should look for ways to support their employees to live in San Marino or nearby communities. Due to the high housing costs, many cannot afford to live near their workplace.

Discontinue planning and design processes that inhibit/limit community cultural expressions.

Stop having only expensive remodeling materials that make the choices too narrow and expensive in cost.

Stop the restriction of new design ideas and plans.

Stop bullying at schools in a proactive and immediate manner.

Stop the perception that the city is predominantly a specific political party or demographic.

Hold a free Lacy Park weekend once a quarter or change the weekend charge altogether.

Allow non-profits and cultural organizations to use public space for free or at a reduced cost.

Identify a Community DEI Coordinator and a standing committee to establish a mission and vision for San Marino DEI and to represent any DEI-related concerns. Ideas could include:

Develop and implement techniques to help local residents be more accepting of change and progress.

Serve as a point person to track data, take complaints about anti-DEI behavior.

Serve as the voice for DEI concerns to policymakers.

Sponsor conversations (maybe a hotline) for people to call in and validate the feelings of afflicted people.

Plan an all-city read of DEI-related books and follow up with a community party/celebration/discussion.

Create a Youth DEI Task Force.

Offer Assertiveness Training for bystanders and potential targets.

Create mechanisms for the community to track DEI-related concerns and metrics to assess progress in resolving them.

Develop and implement a marketing strategy to instill a positive image of the community and its residents.

Offer education about generational differences.

Show off people’s stories.

Profile local DEI heroes in newsletters/local papers/websites.

Create a City proclamation.

Spotlight minority-owned businesses.

Dedicate appreciation months for different segments of the population.

Double the effort to promote and publish positive, inclusive, and equitable news.

Promote civic pride and attract a diverse pool of new residents.

Acknowledge that the City of San Marino participated in the history of California’s treatment of many minorities (Native Americans, Californios/Mexicans, Chinese, Japanese, African-Americans, displaced victims of the Great Depression).

Recognize and apologize for past wrongdoing, and highlight significant history in San Marino.

Organize community leaders to create DEI mentoring opportunities within their areas of expertise.

Provide cross-cultural awareness training in the community (schools, health care, volunteer organizations, council and municipal administration, and public).

ITEM 17: PRESENTATION OF CITY COUNCIL

RECOGNITIONS