NOTICE AND CALL
CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY
SPECIAL MEETING
TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:
NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Stanton Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on March 26, 2024, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680.
The Agenda for the Special Meeting is attached to this Notice and Call.
Dated: March 20, 2024
s/ Patricia A. Vazquez, City Clerk / Secretary
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE OFFICE OF THE CITY CLERK AT (714) 890-4245. NOTIFICATION PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.
PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:
In order to join the meeting via telephone please follow the steps below:
1. Dial the following phone number +1 (669) 444-9171 (US).
2. Dial in the following Meeting ID: (839 6596 7680) to be connected to the meeting.
In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/83965967680?pwd=KzhtaHR1Q1RCUG9HeGtETTNmQUVXQT09
ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.
Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
AGENDA
CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY
SPECIAL & JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA
TUESDAY, MARCH 26, 2024
SPECIAL CLOSED SESSION - 5:30 P.M.
JOINT REGULAR SESSION - 6:30 P.M.
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245 or via e-mail at [email protected].
Notification prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:
In order to join the meeting via telephone please follow the steps below:
1. Dial the following phone number +1 (669) 444-9171 (US).
2. Dial in the following Meeting ID: (839 6596 7680) to be connected to the meeting.
In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/83965967680?pwd=KzhtaHR1Q1RCUG9HeGtETTNmQUVXQT09
ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.
Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.StantonCA.gov.
1. CLOSED SESSION (5:30 PM)
2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.
4. CLOSED SESSION
4A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of Potential Cases: 1
5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)
6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Van
Mayor Pro Tem / Vice Chairperson Warren
Mayor / Chairman Shawver
7. PLEDGE OF ALLEGIANCE
8. SPECIAL PRESENTATIONS AND AWARDS
Townsend Public Affairs State and Federal Legislative report and update.
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
9. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.
CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE
PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:
City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated February 23, 2024 – March 7, 2024, in the amount of $1,900,856.97.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Special and Joint Regular Meeting – March 12, 2024.
9D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION PARCEL MAP NO. 2021-110
The subdivision parcel map for the development of a single-family residential dwelling located at 11572 Court Lane has been submitted by the developer for final certification and recordation.
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 3, Section 15303 (New Construction or Conversion of Small Structures) and Class 15, and Section 15315 (Minor Land Divisions); and
2. Adopt Resolution No. 2024-07 approving final Parcel Map No. 2021-110, entitled:
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2021-110 FOR THE PROPERTY LOCATED AT 11572 COURT LANE”; and
3. Find that the recordation of Parcel Map No. 2021-110 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and
4. Find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; and
5. Authorize the Mayor to execute the Subdivision Improvement Agreement for Parcel Map No. 2021-110; and
6. Direct the City Engineer to review and approve any further technical edits necessary to allow for County Surveyor approval and for recordation of the map with the County Recorder of Orange County, and if edits are necessary, to require a revised Parcel Map; and
7. Direct the City Clerk to endorse on the face of the map of the Parcel Map, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.
9E. AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF THE FAMILY RESOURCE
CENTER RENOVATION (PHASE II) PROJECT
The plans and specifications for the Family Resource Center Renovation (Phase II) Project are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner.
The Project plans and specifications are available in the City Engineer’s Office for review.
RECOMMENDED ACTION:
1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and
2. Approve the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and
3. Authorize and advertise for bids the Family Resource Center Renovation (Phase II) Project.
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
9F. CITY SPONSORSHIP REQUEST – STANTON COMMUNITY FOUNDATION ANNUAL
CAR SHOW
Per the City’s Sponsorship Program, the Stanton Community Foundation is requesting co-sponsorship of the 20th Annual Car Show. The sponsorship request is for in-kind consideration valued at $300. At its meeting on August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine the status of the Stanton Community Foundation’s sponsorship request for a total in-kind value of $300.
9G. FIRST AMENDMENT TO GRANT ADMINISTRATION AGREEMENT WITH THE HOPE
CENTER OF ORANGE COUNTY
The City was designated as the recipient of $5,000,000 as part of the Byrne Discretionary Grant program (Byrne Grant), which must be used for a North Orange County Public Safety Task Force project. The North Orange County Public Safety Collaborative’s Coordinating & Advisory Board directed the funds to be used to sponsor the programs and activities of the HOPE Center of Orange County (HOPE Center). In June 2023, the City and the HOPE Center entered into a Grant Administration Agreement in which the City agreed to function as a pass-through entity to disburse Byrne Grant funds to the HOPE Center. The proposed first amendment to the Grant Administration Agreement redirects certain Byrne Grant funds currently categorized as Indirect Costs to Direct Costs.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Approve the First Amendment to Grant Administration Agreement and authorize the City Manager to execute said Agreement.
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
9H. ACCEPTANCE OF THE CERRITOS AVENUE RESURFACING PROJECT BY THE
CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA
The Cerritos Avenue Resurfacing Project consisting of the demolition and removals, roadway modifications, concrete work (ramps and sidewalks), asphalt pavement, signing and striping, and all appurtenant work for Cerritos Avenue between Knott Avenue and Beach Boulevard is now complete. The final construction cost for the project is under the awarded contract amount. The City Engineer, in his judgment, certifies that the work was satisfactorily completed as of March 7, 2024 and recommends that the City Council accept the completed work performed on this project.
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301(c) as repair, maintenance, and minor alteration of existing public structures; and
2. Accept the completion of improvements for the Cerritos Avenue Resurfacing Project, as certified by the City Engineer, and affix the date of March 7, 2024 as the date of completion of all work on this project; and
3. Approve the final construction contract amount of $850,135.27 with Hardy & Harper, Inc.; and
4. Direct the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion (Attachment) with the County Clerk-Recorder of the County of Orange; and
5. Direct City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Hardy & Harper, Inc. in the amount of $42,056.76.
9I. AWARD OF CONSTRUCTION CONTRACT FOR THE PREMIER PARK RENOVATION
PROJECT
Fourteen bids for the Premier Park Renovation Project were opened on February 6, 2024.
Based on the post-bid analysis of the bids received, staff has determined the bid submitted by RG General Engineering, Inc. to be the lowest responsible and responsive bid at $1,216,105.
RECOMMENDED ACTION:
1. City Council declare that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302(c) as replacement or reconstruction of an existing facility; and
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
2. Waive minor bid irregularities to RG General Engineering, Inc.; and
3. Award a construction contract for the Premier Park Renovation Project to RG General Engineering, Inc. for the bid amount of $1,216,105.00 and reject all other bids; and
4. Authorize the City Manager to bind the City of Stanton and RG General Engineering, Inc. in a contract for the construction; and
5. Authorize the City Manager to approve contract changes, not to exceed 10-percent of the bid amount ($121,610.00).
END OF CONSENT CALENDAR
10. PUBLIC HEARINGS
10A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA
ADOPTING THE TOWN CENTER SPECIFIC PLAN AND CORRELATING GENERAL
PLAN AMENDMENT, ZONE MAP AMENDMENT, AND SUBSEQUENT INTIAL STUDY AND MITIGATED NEGATIVE DECLARATION TO THE 2008 GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT
The Planning Commission held two public hearings and voted to recommend that the City Council adopt the Stanton Town Center Specific Plan (TCSP), General Plan Amendment, Zone Map Amendment, and Subsequent Initial Study and Mitigated Negative Declaration.
The TCSP is a policy document that will serve as the Zoning to implement the General Plan’s Town Center Mixed-Use District and establish consistency between the General Plan and Zoning Code. The guidelines and standards were specifically designed to create a pedestrian-friendly community and protect existing single-family uses. The City Council is asked to review the TCSP and Subsequent IS/MND for adoption and hold a public hearing to take public comment.
RECOMMENDED ACTION:
1. City Council conduct the public hearing and first reading of Ordinance No. 1141, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, ADOPTING THE STANTON TOWN CENTER SPECIFIC PLAN,
GENERAL PLAN AMENDMENT, ZONE MAP AMENDMENT, SUBSEQUENT
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION TO THE 2008
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND MITIGATION MONITORING AND REPORTING PROGRAM”; and
2. Adopt the Initial Study and Draft Subsequent Mitigated Negative Declaration (MND) prepared pursuant to CEQA and the State CEQA Guidelines; and
3. Set April 9, 2024 as the date for second reading of Ordinance No. 1141.
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
11. UNFINISHED BUSINESS
11A. CONSIDERATION OF EXTENSION OF EXPIRED COMMERCIAL CANNABIS
CULTIVATION PERMITS AND ISSUANCE OF DELIVERY PERMITS FOR EXISTING
OPERATIONAL COMMERCIAL CANNABIS RETAIL OUTLETS
At the December 12, 2023, City Council meeting, after considering a request to extend expired commercial cannabis cultivation permits, the City Council directed staff to research operational commercial cannabis cultivation businesses in the surrounding region, with a focus on timelines to become operational. In addition, staff is proposing City Council consideration of the issuance of delivery permits for existing operational commercial cannabis retail outlets.
RECOMMENDED ACTION:
1. City Council find that these actions are not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment) and even if they were considered a project, they would still be exempt from CEQA under State CEQA Guidelines Section 15301; and
2. Authorize an extension of up to 36 months with a selected tiered cultivation tax payment schedule for expired commercial cannabis cultivation permits and prepare the necessary supporting Municipal Code amendments; and
3. Authorize staff to re-open the application period specifically for delivery permits to the currently operational retail permit holders in good standing and prepare the necessary supporting Municipal Code amendments.
11B. SELECTION OF THE CITY’S NEW SEAL AND MOTTO
The purpose of this report is to review options recommended by the Branding & Messaging ad hoc committee to seek City Council selection of a seal and motto as part of the next phase of the City's branding and messaging project.
RECOMMENDED ACTION:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Select a seal and motto to move forward with the next phase of the branding and messaging project.
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
12. NEW BUSINESS
12A. ORANGE COUNTY FIRE AUTHORITY (OCFA) FISCAL YEAR 2023 STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT APPLICATION On March 28, 2024, the OCFA Board of Directors will consider authorizing staff to apply for the FY 2023 SAFER Grant on behalf of Fire Stations 7 (San Juan Capistrano), 18 (Trabuco Canyon), 57 (Aliso Viejo), 45 (Rancho Santa Margarita), and 46 (Stanton) for funding of a fourth firefighter/paramedic for each shift. The Council will consider whether they support this action on behalf of the City of Stanton.
RECOMMENDED ACTION:
1. City Council find that these actions are not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment) and even if they were considered a project, they would still be exempt from CEQA under State CEQA Guidelines Section 15301; and
2. Determine the City of Stanton’s position related to the OCFA SAFER grant application on behalf of Fire Station 46.
13. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items. Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted.
All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.
14. WRITTEN COMMUNICATIONS None.
Stanton City Council Agenda Prepared by the Office of the City Clerk March 26, 2024
15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.
Currently Scheduled: None.
16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL
17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.
18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 21st day of March, 2024. s/ Patricia A. Vazquez, City Clerk/Secretary
February 23-March 7, 2024
Electronic Transaction Nos. $ 1,397,361.38
Check Nos. 351,281.90
Total Payments to Vendors $ 1,748,643.28
Payroll dated February 29, 2024* 152,213.69
TOTAL PAYMENTS $ 1,900,856.97
* = Represents the total net payroll paid through direct deposit on pay date.
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan
CITY OF STANTON
WARRANT REGISTER
3077-3103
conform to the City of Stanton Annual
Budget as approved by the City Council.
137625-137673
Demands listed on the attached registers
Finance Director
Item: 9B
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Joint Regular Meeting – March 12, 2024 - Page 1 of 8
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY OF THE CITY OF STANTON MEETING MARCH 12, 2024
SPECIAL CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (4:30 PM)
JOINT REGULAR CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY MEETING (6:30 PM)
1. CALL TO ORDER / CLOSED SESSION
The City Council / Successor Agency / Housing Authority meeting was called to order at 4:32 p.m. by Mayor / Chairman Shawver.
2. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, Mayor Pro Tem/Vice Chairperson Warren, and Mayor/Chairman Shawver.
Absent: None.
Excused: None.
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS None.
4. CLOSED SESSION
The members of the City Council / Successor Agency / Housing Authority of the City of Stanton proceeded to closed session at 4:33 p.m. for discussion regarding:
4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: Mars Olsen, Duane Denny Elizondo and Douglas Dionne vs. City of Stanton
Case Number: Orange County Superior Court Case Number: 30-2020-01169774-
CU-CR-CXC
4B. PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: Stanton Chief of Police
Item: 9C
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THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
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4C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
5. CALL TO ORDER / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY
MEETING
The City Council / Successor Agency / Housing Authority reconvened in open session at 6:30 p.m.
6. ROLL CALL
Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Van, Mayor Pro Tem/Vice Chairperson Warren, and Mayor/Chairman Shawver.
Absent: None.
Excused: None.
7. PLEDGE OF ALLEGIANCE
Led by Mr. Randy Brown.
8. SPECIAL PRESENTATIONS AND AWARDS
A. The City Council presented a certificate of recognition to Rowntree Gardens for their continued support of the Stanton Community, Mr. Randy Brown, CEO and staff were present to accept the certificate.
B. The City Council presented a certificate of commendation to Mr. Randy Brown, Community CEO, Rowntree Gardens on the occasion of his retirement and in celebration of his invaluable contributions and service to the Stanton Community.
The City Attorney / Agency Counsel reported that the Stanton City Council / Successor Agency / Housing Authority met in closed session from 4:33 to 6:30 p.m.
The City Attorney / Agency Counsel reported that there was no reportable action.
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Joint Regular Meeting – March 12, 2024 - Page 3 of 8
THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO
AMENDMENT AND APPROVAL AT NEXT MEETING
9. CONSENT CALENDAR
Motion/Second: Taylor/Van
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Van AYE
Mayor Pro Tem/Vice Chairperson Warren AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:
CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON
THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER
READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated February 9, 2024 – February 22, 2024, in the amount of $1,435,635.70.
9C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Joint Regular Meeting – February 27, 2024.
9D. JANUARY 2024 INVESTMENT REPORT
The Investment Report as of January 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of January 2024.
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9E. JANUARY 2024 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of January 31, 2024, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.
1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the Investment Report for the month of January 2024. 9F. JANUARY 2024 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; STATUS OF CAPITAL IMPROVEMENT PROGRAM; AND RATIFICATION OF PAYMENT TO
CITY OF LA HABRA
The Revenue and Expenditure Report for the month ended January 31, 2024, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, this report includes a status of the City’s Capital Improvement Projects (CIP) as of January 31, 2024.
1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Received and filed the General Fund and Housing Authority Fund January 2024 Revenue and Expenditure Reports and Status of Capital Improvement Projects for the month ended January 31, 2024; and
3. Ratified payment made to City of La Habra on March 7, 2024, in the amount of $134,216 for the City’s share of Fiscal Year 2022/23 operating costs for the North Service Planning Area Navigation Centers (North SPA). 9G. ACCEPTANCE OF THE STANFORD AVENUE STORM DRAIN REPAIR
PROJECT BY THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA The Stanford Avenue Storm Drain Repair Project consisting of cleaning the storm drain lines, traffic control, installing Cured-in-Place Pipe (CIPP) Liner, post-closedcircuit television (CCTV) inspection and all appurtenant work for the storm drains located at Beach Boulevard and Stanford Avenue is now complete. The final construction cost for the project was $47,867.50, which is below the project budget amount. The City Engineer, in his judgment, certifies that the work was satisfactorily DRAFT
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completed as of February 22, 2024 and recommends that the City Council accept the completed work performed on this project.
1. The City Council declared this project categorically exempt under the California Environmental Quality Act, Class 1, and 15301(c) as repair, maintenance, and minor alteration of existing public structures; and
2. Accepted the completion of improvements for the Stanford Avenue Storm Drain Repair Project, as certified by the City Engineer, and affixed the date of February 22, 2024 as the date of completion of all work on this project; and
3. Approved the final construction contract amount of $47,867.50 with Tunnelworks Services, Inc.; and
4. Directed the City Clerk within ten (10) days from the date of acceptance to file the Notice of Completion with the County Clerk-Recorder of the County of Orange; and
5. Directed City staff, after thirty-five (35) days has elapsed from the filing of the “Notice of Completion” with the County Clerk-Recorder, to make the retention payment to Tunnelworks Services, Inc. in the amount of $2,393.38. 9H. PROPOSED CHANGES TO PERSONNEL RULES AND REGULATIONS The City Council has established Personnel Rules and Regulations as set forth in Title II, Chapter 2.44 of the Stanton Municipal Code. From time to time the provisions of the Personnel Rules are edited or updated to reflect changes in federal or state law or organizational processes and procedures.
1. The City Council declared that this project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378 (b)(2) – continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making; and
2. Approved Resolution No. 2024-05 amending the City of Stanton Personnel Rules and Regulations, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA, AMENDING AND ADOPTING
PERSONNEL RULES FOR THE ADMINISTRATION OF THE CITY’S
PERSONNEL SYSTEM AND REPEALING ALL OTHER
RESOLUTIONS AND MOTIONS INCONSISTENT HEREWITH”.
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9I. APPROVING AND ACCEPTING A GRANT DEED FROM BONANNI
DEVELOPMENT (LIFE ILLUMINATED, LLC) CONVEYING TO THE CITY OF
STANTON A RIGHT-OF-WAY EASEMENT AND GRANT DEED FOR CERTAIN REAL PROPERTY LOCATED AT 12736 BEACH BOULEVARD (VRV) (APN: 131- 501-04)
The City Engineer recommends that the City Council accept a grant deed of 920 sq. ft. public right-of-way for public street and municipal purposes along Beach Boulevard and an easement deed of 176 sq. ft. public right-of-way for street purposes on the northeast corner of Beach Boulevard and Stanford Avenue at 12736 Beach Boulevard from Bonanni Development (Life Illuminated, LLC) in connection with the VRV project.
1. The City Council declared this action categorically exempt under the California Environmental Quality Act (“CEQA”) under Section 15378(b)(5) – Organizational or administrative activities of governments that will not result in direct or indirect changes in the environment; and
2. Accepted a grant deed for public street and municipal purposes from Life Illuminated, LLC; and
3. Accepted an easement deed of public right-of-way for street purposes from Life Illuminated, LLC; and
4. Authorized the Mayor and City Clerk to sign the Certificate of Acceptance for the grant deed and the easement grant deed; and
5. Authorized the City Clerk to submit the grant deed and the easement grant deed to the Orange County Clerk-Recorder for recordation.
END OF CONSENT CALENDAR
10. PUBLIC HEARINGS None.
11. UNFINISHED BUSINESS None.
12. NEW BUSINESS None.
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13. ORAL COMMUNICATIONS – PUBLIC
• Mr. Nop Mac, property owner, spoke regarding his request to build and utilize his properties as a short homestay experience such as an Airbnb rental property. • Mr. Alexander A. Ethans, resident, spoke regarding Stanton University and their desire to return to the City of Stanton which is their home base. Mr. Ethans requested the assistance of staff in locating a suitable location within the city limits for the university.
14. WRITTEN COMMUNICATIONS None.
15. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Mayor Shawver reported that CR&R donated and placed three large disposal bins in the Tina/Pacific neighborhood to assist with clean-up efforts due to illegal dumping of trash and debris.
• Mayor Shawver reported on the upcoming March 16, 2024, free drive through distribution event, which will provide food (fresh / canned / non-perishables) and diapers at Stanton Park.
• Mayor Shawver reported on his receipt of an abundance of donated Christmas toys and extended the invitation to any charities in need of toys for the upcoming 2024 holiday season to reach out to him directly.
15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL
MEETING
Mayor Pro Tem Warren, recapped her request to staff to conduct research for the installation of solar panels and LED lighting throughout city hall as the FY 2024-25 budget season approaches.
15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY
SESSION
None.
16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.
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17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
None.
17A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.
Battalion Chief Juan Perez provided the City Council with an update on their current operations.
Ms. Zenia Bobadilla, Community Services Director, reported on the City’s upcoming annual Easter Egg Hunt event, which is scheduled to be held at Stanton Central Park on March 30, 2024, from 9:00 AM – 11:00 AM.
Mayor Shawver reported on the upcoming 49th Annual Cypress College Foundation Americana Awards, which is scheduled to be held on March 16, 2024.
18. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 6:56 p.m.
________________________________
DAVID J. SHAWVER, MAYOR
ATTEST:
________________________________
CITY CLERK/SECRETARY
CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: March 26, 2024
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA APPROVING SUBDIVISION PARCEL MAP NO. 2021-110 REPORT IN BRIEF:
The subdivision parcel map for the development of a single-family residential dwelling located at 11572 Court Lane has been submitted by the developer for final certification and recordation.
RECOMMENDED ACTION:
1. City Council declare this project categorically exempt under the California Environmental Quality Act, Class 3, Section 15303 (New Construction or Conversion of Small Structures) and Class 15, and Section 15315 (Minor Land Divisions); and
2. Adopt Resolution No. 2024-07 approving final Parcel Map No. 2021-110, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2021-110 FOR THE PROPERTY LOCATED AT 11572 COURT LANE”; and
3. Find that the recordation of Parcel Map No. 2021-110 will not be in violation of any of the provisions of Section 66474, 66474.1, and 66474.2 of the Subdivision Map Act; and
4. Find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; and
5. Authorize the Mayor to execute the Subdivision Improvement Agreement for Parcel Map No. 2021-110; and
Item: 9D
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6. Direct the City Engineer to review and approve any further technical edits necessary to allow for County Surveyor approval and for recordation of the map with the County Recorder of Orange County, and if edits are necessary, to require a revised Parcel Map; and
7. Direct the City Clerk to endorse on the face of the map of the Parcel Map, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.
BACKGROUND:
On March 16, 2022, the Planning Commission of the City of Stanton adopted Tentative Parcel Map No. 2021-110, Minor Site Plan and Design Review No. MSPDR-784, and Conditional Use Permit No. C21-05 for development of a single-family dwelling unit with two driveways for the property located at 11572 Court Lane.
As a condition of approval of the project, a final parcel map must be completed, reviewed, and approved by the City Council. The final map has been reviewed and found to be in compliance with the City’s general plan and zoning land use designations.
ANALYSIS AND JUSTIFICATION:
Recording of the final parcel map is required per Section 66426 of the Subdivision Map Act. The City Engineer has reviewed the subdivision Parcel Map No. 2021-110 and all associated documentation, and he is satisfied that the final tract map substantially complies with the Minor Site Plan and Design Review No. MSPDR-784.
Orange County Public Works has also reviewed Parcel Map No. 2021-110 and has certified the technical correctness of the Map and its compliance with the provisions of the Subdivision Map Act.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
In accordance with the requirements of the California Environmental Quality Act (CEQA), this project has been determined to be categorically exempt under Section 15303, Class 3 (New Construction or Conversion of Small Structures) and Section 15315, Class 48 (Minor Land Divisions). Specifically, the project would subdivide one parcel into two parcels and allow for the construction of a single-family home on the newly created parcel.
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE ADDRESSED:
Obj. No. 5: Provide a high quality of life.
Prepared by: Han Sol Yoo, Associate Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Resolution No. 2024-07
B. Final Parcel Map No. 2021-110
C. Subdivision Improvement Agreement
RESOLUTION NO. 2024-07
RESOLUTION NO. 2024-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, APPROVING SUBDIVISION PARCEL MAP NO. 2021-110 FOR THE PROPERTY LOCATED AT 11572 COURT LANE
WHEREAS, on March 16, 2022, the Planning Commission of the City of Stanton adopted Tentative Parcel Map No. 2021-110, Minor Site Plan and Design Review No.
MSPDR-784, and Conditional Use Permit No. C21-05 for development of a single-family dwelling unit with two driveways for the property located at 11572 Court Lane; and WHEREAS, all necessary documentation associated with this subdivision have been reviewed by the City Engineer; and
WHEREAS, the final map is substantially in compliance with the previously approved Tentative Parcel Map No. 2021-110; and
WHEREAS, the City Council has made the finding that none of the conditions for mandatory denial exist relative to the proposed subdivision, in accordance with Section 66474, 66474.1 and 66474.2 of the Subdivision Map Act; and WHEREAS, the City Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section) 65450) of Chapter 3 of Division 1 of the Government Code; and WHEREAS, the City Council finds that final Parcel Map No. 2021-110 satisfies the provisions of the Subdivision Map Act, Stanton Municipal Code and the Conditions of Approval.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stanton, California, hereby approves final Parcel Map No. 2021-110.
ADOPTED, SIGNED AND APPROVED this 26th day of March, 2024.
DAVID J. SHAWVER, MAYOR
Attachment: A
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RESOLUTION NO. 2024-07
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-07 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on March 26, 2024, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
PARCEL MAP NO. 2021-110
WE, THE UNDERSIGNED, BEING THE SUBDIVIDERS OF THE LAND COVERED BY THIS MAP, THE RECORD OWNERS OF WHICH ARE
LISTED HEREIN, DO HEREBY CERTIFY THAT SAID RECORD OWNERS CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
ACCEPTED AND FILED AT THE
REQUEST OF
CHICAGO TITLE COMPANY
DATE:___________________________________
TIME:_________________ FEE: $___________
INSTRUMENT NO._________________________
BOOK ______________ PAGE_______________
HUGH NGUYEN
COUNTY CLERK-RECORDER
BY ______________________________________
DEPUTY
SHEET 1 OF 3 SHEETS
ALL OF TENTATIVE PARCEL MAP NO. 2021-110
NUMBER OF PARCELS: 2 NUMBERED
TOTAL AREA: 42,803 SQ.FT. (NET)
54,564 SQ.FT. (GROSS)
DATE OF SURVEY: APRIL 2022
Attachment: B
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DALE STREET
℄
BEACH BOULEVARD
(FORMERLY STANTON AVENUE)
℄℄
CHAPMAN AVENUE
℄
PARCEL MAP NO. 2021-110 SHEET 2 OF 3 SHEETS ALL OF TENTATIVE PARCEL MAP NO. 2021-110 NUMBER OF PARCELS: 2 NUMBERED
TOTAL AREA: 42,803 SQ.FT. (NET)
54,564 SQ.FT. (GROSS)
N
BOUNDARY ESTABLISHMENT SHEET
’
BEACH BOULEVARD ℄℄
(FORMERLY STANTON AVENUE)
HYNES ROAD
℄
JOHNSTON ROAD (PRIVATE STREET)
JANE WAY
(PRIVATE STREET)
℄
PARCEL MAP NO. 2021-110 SHEET 3 OF 3 SHEETS ALL OF TENTATIVE PARCEL MAP NO. 2021-110 NUMBER OF PARCELS: 2 NUMBERED
TOTAL AREA: 42,803 SQ.FT. (NET)
54,564 SQ.FT. (GROSS)
1254367
N
EASEMENT SHEET
89 Exhibit A BBK: December 2022
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
ATTN: City Clerk
(Exempt from Filing Fees - Govt Code § 27383)
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SUBDIVISION IMPROVEMENT AGREEMENT
FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. 2021-110
between
THE CITY OF STANTON
a California municipal corporation
and
[DEVELOPER NAME]
[INSERT TYPE OF LEGAL ENTITY]
NAM VAN NGUYEN
OWNER
Attachment: C
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2 BBK: December 2022
SUBDIVISION IMPROVEMENT AGREEMENT
FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT NO. [TRACT NO.]
This Subdivision Improvement Agreement for the Completion of Public Improvements (“Agreement”), effective _________, 20__, is between the City of Stanton, a California municipal corporation (“City”) and [INSERT NAME], an [ ] individual, [ ] partnership or [ ] [INSERT NAME OF STATE] corporation, with its principal office located at [INSERT ADDRESS] (“Developer”). City and Developer are sometimes individually referred to as “Party” and collectively as the “Parties.”
RECITALS.
A. On _________________, 20___, Developer submitted to City an application for approval of a tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit A (“Property”). The tentative tract map was prepared on behalf of Developer by _______________________________, and is identified in City records as PARCEL MAP NO. [2021-110.] (“PARCEL MAP NO. [2021-110]”).
B. Developer’s application for a tentative tract map for PARCEL MAP NO. [2021-110] was deemed complete on ___________________, ________. On the ____ day of ____________, 20___, the Stanton City Council conditionally approved Developer’s application for a tentative tract map for PARCEL MAP NO. [2021-110].
C. Developer is the owner of the Property, and Developer proposes to do and perform certain work of improvement thereon as set forth in this Agreement.
D. Developer has not completed all of the work or made all of the public improvements required by Chapter 19 of the Stanton Municipal Code, the Subdivision Map Act (Government Code sections 66410, et seq.) (“Map Act”), the conditions of approval for PARCEL MAP NO. [2021-110], or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
E. In accordance with Chapter 19 of the Stanton Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for PARCEL MAP NO. [2021-110].
F. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for PARCEL MAP NO. [2021-110].
NAM NGUYEN X
11572 COURT LN
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TERMS AND CONDITIONS
1. Effectiveness. This Agreement taking effect is a necessary condition that must be satisfied before the final map for PARCEL MAP NO. [2021-110] may be recorded. This Agreement only takes effect when each of the following conditions is satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of Orange; (c) the City Council of the City of Stanton (“City Council”) approves the final map for PARCEL MAP NO. [2021-110]; and (d) Developer has satisfied all other conditions of the tentative map for PARCEL MAP NO. [2021-110].
2. Definitions. For purposes of interpreting and enforcing this Agreement, the term “City” includes, but is not be limited to, the City Council, City Engineer, Director of Community Development, Building Official, and any of their authorized representatives. City has absolute discretion to determine which public body, public official or public employee may act on behalf of City for any particular purpose.
3. Public Improvements.
3.1 Scope and Cost.
(A) Developer will construct or cause to be constructed at its own cost, expense, and liability all improvements required by City as part of the approval of PARCEL MAP NO. [2021-110], including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications that have been prepared by or on behalf of Developer for PARCEL MAP NO. [2021-110] (“Public Improvements”). The Public Improvements are more specifically described in Exhibit B, which is attached hereto and incorporated herein by this reference. (B) Construction of the Public Improvements includes all transitions and other incidental work deemed by City to be necessary for drainage or public safety.
(C) Developer is responsible for the replacement, relocation, or removal of any component of any utility system or public improvement that is in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal must be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement.
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(D) Developer will provide all equipment, tools, materials, labor, tests, design work, and engineering services that are required by City to complete the Public Improvements.
3.2 Prior Partial Construction of Public Improvements. If any Public Improvement has been partially completed prior to the execution of this Agreement, Developer will complete the Public Improvement and all others or assure their completion in accordance with this Agreement.
3.3 Permits; Notices; Utility Statements. Before commencing any work, Developer must, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer will conduct the work in full compliance with the regulations, rules, and other requirements contained in each permit or license issued to Developer.
3.4 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and bonds for such Public Improvement have been submitted to and approved by the City Engineer and the City Attorney or their authorized designees.
Approval by the City Engineer does not relieve Developer from ensuring that all Public Improvements conform to all other requirements and standards set forth in this Agreement.
3.5 Quality of Work; Compliance with Laws and Codes. The construction plans and specifications for the Public Improvements must be prepared in accordance with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements must be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable when the work is actually commenced.
3.6 Standard of Performance. Developer and its contractors, if any, will perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and warrants that it or its contractors is skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors have sufficient skill and experience to perform the work assigned to them and that they have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and 5 BBK: December 2022
that such licenses, permits, qualifications and approvals are and will be be maintained throughout the term of this Agreement.
3.7 Alterations to Improvements. The Public Improvements in Exhibit B are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work must be done and improvements made and completed as shown on approved plans and specifications and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer will undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
3.8 Superintendence by Developer.
(A) Developer will require each contractor and subcontractor to have a competent foreperson on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Public Improvements. Before starting work on the Public Improvements, each contractor and subcontractor must submit in writing the name of the proposed foreperson. Each foreperson must be present at the work site at all times that any work is in progress and at any time that any employee of the contractor or subcontractor is present at the work site. Should a contractor or subcontractor desire to change its foreperson, it must provide the information specified to City.
(B) Developer will, at all times, enforce strict discipline and good order among its employees and those of its subcontractors and will not employ any unfit person or anyone not skilled in the assigned task. If any person employed by a contractor or subcontractor fails or refuses to carry out the directions of City or appears to City, in its sole and absolute discretion, to be incompetent or to act in a disorderly or improper manner, such person must be removed from the project immediately upon request by City, and such person may not again be employed on the work. Such removal may not be the basis for any claim of compensation or damage against City. (C) In addition, Developer will maintain an office with a telephone, and Developer or a person authorized to make decisions and to act on Developer’s behalf in Developer’s absence will be available to be on the job within three hours of being called at such office by City, during the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday, or any other 6 BBK: December 2022
day or time when work is being performed on the Public Improvements.
Developer will also provide City with a telephone number at which Developer, or its representative, will be available 24 hours a day in the event of an emergency.
4. Maintenance of Public Improvements and Landscaping.
4.1 City is not responsible or liable for the maintenance, condition, or care of the Public Improvements until City approves and accepts them. City will exercise no control over the Public Improvements until accepted.
4.2 Any use by any person of the Public Improvements, or any portion thereof, is at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Public Improvements.
4.3 Developer will maintain all the Public Improvements in a state of good repair until:
they are completed by Developer; approved and accepted by City; and the security for the performance of this Agreement is released.
4.4 Maintenance includes, but is not limited to,
(A) repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers;
(B) maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City;
(C) removal of debris from sewers and storm drains; and (D) sweeping, repairing, and maintaining in good and safe condition all streets and street improvements.
4.5 Developer will cause the sweeping of streets to occur weekly at a minimum.
Developer will perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer.
4.6 It is Developer’s responsibility to initiate all maintenance work, but if it fails to do so, it will promptly perform such maintenance work when notified to do so by City.
4.7 If Developer fails to properly prosecute its maintenance obligation under this Agreement, City may do all work necessary for such maintenance and the cost thereof is the responsibility of Developer and its surety under this Agreement. City is not responsible or liable for any damages or injury of any nature in any way 7 BBK: December 2022
related to or caused by the Public Improvements or their condition prior to acceptance.
5. Construction Schedule.
5.1 Strict Timeline.
(A) Unless the time for performance is extended in accordance with this section of this Agreement, Developer will complete or have completed the Public Improvements in accordance with the schedule and timeline required by the conditions of approval to PARCEL MAP NO. [2021-110].
(B) At least 15 days before commencing such work, Developer will notify the City Engineer in writing of the date fixed by Developer for commencement of the work.
5.2 Extensions.
(A) City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. (B) It is understood that by providing the security required under section 14 below, Developer and its surety consent in advance to any extension of time that may be given by City to Developer and each waive all right to notice of such extension.
(C) Developer’s acceptance of an extension of time granted by City constitutes a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder.
(D) In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.
5.3 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof does not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements. 8 BBK: December 2022
6. Grading.
6.1 All grading done or to be done in conjunction with construction of the Public Improvements or development of PARCEL MAP NO. [2021-110] must conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City’s grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards.
6.2 In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading must be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in section 14 below. For clarity, the indemnification obligations in section 17 below extend to and include all grading under this Agreement, including but not limited to, all partial and rough grading work.
7. Utilities. Developer will provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within PARCEL MAP NO. [2021-110] in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer will also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities must be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City of Stanton, or by any other state or federal laws or regulations.
8. Fees and Charges. Developer will , at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, report review, engineering, inspection, testing, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to PARCEL MAP NO. [2021-110].
9. City Inspection of Public Improvements. Developer will, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
9 BBK: December 2022
10. Default; Notice; Remedies.
10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand on Developer or its surety, or both, to immediately remedy the default or violation (“Notice”).
10.2 Commencement of Remedy. Developer will substantially commence the work required to remedy the default or violation within ten days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer will substantially commence the required work within 24 hours thereof. Immediately upon City’s issuance of the Notice, Developer and its surety are liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in section 11 below.
10.3 Failure to Remedy; City Action.
(A) If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation.
(B) All such work or remedial activity is at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety.
(C) City’s right to take such actions is in no way limited by the fact that Developer or its surety might have constructed any or none of the required or agreed upon Public Improvements at the time of City’s demand for performance.
(D) If City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
10.4 Other Remedies. No action taken by City under this section 10 prevents City from exercising any other right or pursuing any other legal or equitable remedy available to City under this Agreement or any federal, state, or local law. City may exercise 10 BBK: December 2022
its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. By way of example, City may institute an action for damages, injunctive relief, or specific performance.
11. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety are jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
12. Acceptance of Improvements; As-Built or Record Drawings.
12.1 Acceptance.
(A) If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council may accept the Public Improvements. (B) Issuance by City of occupancy permits for any buildings or structures located on the Property does not constitute City acceptance or approval of any Public Improvement.
(C) The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements before all of the Public Improvements are completed, but early acceptance of a fully completed portion does not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
(D) Notwithstanding paragraph 12.1(C) above, if PARCEL MAP NO. [2021- 110] was approved and recorded as a single-phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City.
(E) Upon the total or partial acceptance of the Public Improvements by City, Developer will file with the Recorder’s Office of the County of Orange, a notice of completion for the accepted Public Improvements, at which time the accepted Public Improvements become the sole and exclusive property of City without payment therefor.
12.2 As-Built Drawings. Notwithstanding the foregoing, City may not accept any Public Improvement until Developer provides one set of “as-built” or record 11 BBK: December 2022
drawings or plans to the City Engineer for all such Public Improvements. The drawings must be certified and must reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
13. Reserved.
14. Security; Surety Bonds. Prior to execution of this Agreement, Developer will provide City with surety bonds in the amounts and under the terms set forth below (“Security”).
Developer may submit Security in a form other than bonds as allowed under California Government Code Section 66499 et seq. and Chapter 19 of the Stanton Municipal Code, which alternative Security may be accepted or rejected by the City Council in its sole and absolute discretion. The amount of the Security must be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer will adjust the Security in the amount requested by City. Developer’s compliance with this section 144 in no way limits or modifies Developer’s indemnification obligations under section 17 below.
14.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in section 10 above, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer will provide to City a faithful performance bond in the amount of $7,350.00, which sum may be not less than 100 percent of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided under section 14 above, provided that Developer is not in default on any provision of this Agreement or condition of approval for PARCEL MAP NO. [2021-110], and the total remaining security is not less than 25 percent of the Estimated Costs. All security provided under this section will be released at the end of the Warranty period, or any extension thereof as provided in section 14.3 below, provided that Developer is not in default on any provision of this Agreement or condition of approval for PARCEL MAP NO. [2021-110].
14.2 Labor and Material Bond. To secure payment to the contractors, subcontractors, laborers, material suppliers, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer will provide City a labor and materials bond in the amount of $7,350.00 which sum may not be less than 100 percent of the Estimated Costs. The security provided under this section may be released by written authorization of the City 12 BBK: December 2022
Engineer after one year or within the time limits established in California Government Code section 66499.7 from the date that City accepts the final Public Improvements at the discretion of City. The amount of the security that is released must be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to 20 percent of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.
14.3 Guarantee and Warranty Bond.
(A) Developer hereby guarantees and warrants all Public Improvements against any defective work or labor done or defective materials furnished in the performance of this Agreement, including the maintenance of all public landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer will repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty are at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvement that is repaired, replaced, or reconstructed during the Warranty, Developer and its surety extend the Warranty for an additional one-year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein relieves Developer from any other liability that it might have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this Section survives the expiration or termination of this Agreement.
(B) Prior to execution of this Agreement, Developer will provide City with an irrevocable guarantee and warranty bond or cash deposit in the amount of $3,675.00 and warrant the Work, for a period of one year following its completion and acceptance, against any defective work or labor done or defective materials furnished, as required by California Government Code section 66499.3, subdivision (d). Any unused portion of the guarantee and warranty security will be released one year after acceptance of the required improvements by the City Council.
14.4 Additional Requirements. The surety for any surety bonds provided as Security must have a current A.M. Best’s rating of no less than A:VIII and be authorized to 13 BBK: December 2022
do business in the State of California and otherwise be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety will secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety must each stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements in any way affects its obligation on the Security.
14.5 Evidence and Incorporation of Security. Evidence of the Security must be provided on the forms set forth in Exhibit C, unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security must be attached to Exhibit C. They are then incorporated herein by this reference.
15. Monument Security. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for PARCEL MAP NO. [2021-110] in compliance with the applicable provisions of City’s Code (“Subdivision Monuments”), Developer will furnish to City a bond in the amount of $2,625.00, which sum may not be less than 100 percent of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said bond may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer and City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, provided that Developer is not in default of any provision of this Agreement or condition of approval for PARCEL MAP NO. [2021-110].
16. Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to sections 144 and 15 above, Developer hereby creates in favor of City a lien against all portions of the Property that are not dedicated to City or to some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to sections 14 and 15 above, City will first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
17. Indemnification.
17.1 Developer will defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct 14 BBK: December 2022
of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement.
17.2 This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, that is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction.
Developer’s obligation to indemnify survives the expiration or termination of this Agreement, and is not restricted to insurance proceeds, if any, that are received by Agency, its elected officials, officers, employees, agents or volunteers.
18. Insurance.
18.1 Types; Amounts. Developer will procure and maintain, and will require its contractors and subcontractors to procure and maintain, during construction of any Public Improvement under this Agreement, insurance of the types and in the amounts described below (“Required Insurance”), without limiting the indemnity provisions of this Agreement. If any of the Required Insurance contains a general aggregate limit, such insurance must apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this section 18, the “indemnified parties” mean City, its elected officials, officers, employees, agents and volunteers, as described in section 17 above. The Required Insurance must contain standard separation of insureds provisions. It must contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents and volunteers.
(A) Commercial General Liability. Developer, its contractors and subcontractors must procure and maintain Commercial General Liability Insurance that affords coverage at least as broad as the latest version of Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $5,000,000 per occurrence, and if written with an aggregate, the aggregate must be double the per occurrence limit. Defense costs must be paid in addition to the limits. The policy must contain no endorsement or provision limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third-party action over claims; (4) cross-liability exclusion for claims or suits by one insured against another; or (5) explosion, collapse or underground hazard (XCU). 15 BBK: December 2022
(B) Automobile Liability. Developer, its contractors and subcontractors must procure and maintain automobile liability insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident. Such insurance must include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. If Developer does not own any company vehicles and if requested by City, this requirement may be satisfied by providing a non-owned auto endorsement to the Commercial General Liability policy.
(C) Workers’ Compensation. Developer, its contractors and subcontractors must procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers’ Liability Insurance of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability. If applicable to this Agreement and required by City, for any consultant or other professional who will engineer or design the Public Improvements, professional liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence must be procured and maintained for a period of three years following completion of the Public Improvements and must specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the retroactive date must precede the effective date of the initial Agreement and continuous coverage must be maintained or an extended reporting period will be exercised for a period of at least three years from termination of this Agreement.
(E) Contractors Pollution Liability.
(1) If applicable to this Agreement and required by City, Developer must procure Contractors Pollution Liability Insurance covering all of Developer’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy must contain no endorsement or provision that limits contractual liability or coverage for cross-liability of claims or suits by one insured against another. Non-owned disposal site coverage must be provided if handling, storing or generating hazardous materials or 16 BBK: December 2022
any material or substance otherwise regulated under environmental laws or regulations.
(2) For projects involving transportation of hazardous waste or materials, the policy must include coverage for loading or unloading from the project site to final disposal locations, and all disposal locations must be scheduled as non-owned disposal sites. (3) If coverage is written on a claims-made basis, the retroactive date must precede the effective date of the initial Agreement and continuous coverage must be maintained or an extended reporting period will be exercised for a period of at least three years from termination or expiration of this Agreement.
18.2 Deductibles. Any deductible or self-insured retention must be approved by City in writing and must protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
18.3 Certificates; Verification. Developer and its contractors and subcontractors must furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City prior to the execution of this Agreement and before work under this Agreement may begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
18.4 Insurer Rating. Unless approved in writing by City, all Required Insurance must be placed with insurers with a current A.M. Best rating of at least A:VIII, who are authorized to do business in the State of California, and who are satisfactory to City.
18.5 Endorsements.
(A) The policy or policies of insurance required by section 18.1(A) (Commercial General Liability), section 18.1(B) (Automobile Liability) and section 18.1(E) (Contractors Pollution Liability), if the latter is required by City, must include the following endorsements:
(1) Additional Insured: The indemnified parties must be additional insureds with regard to liability and defense of suits or claims arising out of the performance of this Agreement. The “Additional Insured Endorsement” must be on a form similar to Insurance Services 17 BBK: December 2022
Office’s Endorsement form CG 2010 and must contain no other modifications to the policy.
(2) Primary Insurance: This insurance must be primary, and any other insurance, deductible, or self-insurance that might be maintained by the indemnified parties does not contribute with this primary insurance.
(3) Severability: If any insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy must cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance are not increased thereby.
(4) Cancellation: The policy may not be canceled nor the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10-day prior written notice is allowed for non-payment of premium. (5) Duties: Coverage provided to the indemnified parties must not be affected by a failure by the named insured to comply with reporting provisions of the policy or by any breach or violation of a warranty. (6) Applicability: The coverage provided therein must apply to the obligations assumed by Developer, its contractors or subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage. (B) The policy or policies of insurance required by section 18.1(C) (Workers’ Compensation) must include the following endorsements:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: The policy may not be canceled or the coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10-day prior written notice is allowed for non-payment of premium. (C) The policy or policies of insurance required by section 18.1(D) (Professional Liability), if required by City, must include the following endorsement: “Cancellation: The policy may not be canceled or the 18 BBK: December 2022
coverage suspended, voided, reduced or allowed to expire until a 30-day prior written notice of cancellation has been served on City, except that 10- day prior written notice is allowed for non-payment of premium.”
19. Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal is at the expense of Developer and its surety. Developer and its surety will indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
20. Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, nor any map related to PARCEL MAP NO. [2021-110], nor any other related entitlement, permit, or approval issued by City for the Property operates to create the relationship of partnership, joint venture, or agency between City and Developer.
Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein makes Developer, its contractors or subcontractors an agent, contractor or subcontractor of City.
21. General Provisions.
21.1 Authority to Enter Agreement. Each Party warrants that the individual or individuals who have signed this Agreement on that Party’s behalf have the legal power, right, and authority make this Agreement and bind that Party. Each individual signing represents and warrants that that individual is duly authorized and has the legal power and right to make this Agreement on behalf of the Party for whom the individual signs.
21.2 Cooperation; Further Acts. The Parties will fully cooperate with one another and will take any additional act or sign any additional document as might be necessary, appropriate, or convenient to carry out the purposes of this Agreement. Nothing in this paragraph obligates City to exercise its discretion in any particular way.
21.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement must be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance is deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for 19 BBK: December 2022
convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
21.4 Notices.
(A) All notices, demands, invoices, and written communications must be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
(1) To City:
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attn: City Engineer
(2) To Developer:
[Name]
[Street]
[City], [State] [Zip]
Attn: [Contact]
(B) Depending on the method of transmittal, notice is deemed received as follows:
(1) by facsimile, as of the date and time sent;
(2) by messenger, as of the date delivered; and
(3) by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
(C) The Parties are encouraged, but not required to, send a courtesy copy of any written notice, demand, invoice, or written communication by email to the other Party. Email communication does not satisfy the notice obligations above.
21.5 Amendment; Modification.
(A) No supplement, modification, or amendment of this Agreement is binding unless executed in writing and signed by both Parties.
NAM NGUYEN
11572 COURT LN
STANTON, CA 92804
20 BBK: December 2022
(B) The City Manager may, at the Manager’s sole and absolute discretion, agree to minor modifications to this Agreement on behalf of the City without City Council approval.
21.6 Waiver. City’s failure to insist on strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, does not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing is true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
21.7 Assignment or Transfer of Agreement.
(A) Developer may not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City, which City may grant or withhold at City’s sole and absolute discretion. Any attempt to do so is null and void, and any purported assignee, hypothecatee, or transferee acquires no right or interest by reason of such attempted assignment, hypothecation, or transfer. (B) Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer does not release or discharge Developer from any duty or responsibility under this Agreement. (C) If City consents in writing to such an assignment, any assignee, hypothecatee or transferee must expressly assume Developer’s obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.
(1) The agreement must be in a form that is satisfactory to the City Attorney and must include provisions requiring the assignee to post bonds or submit another form of financial security that is satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements.
(2) The agreement must survive the recordation of the Final Map and must be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction. Following any 21 BBK: December 2022
permitted assignment of the Public Improvements as set forth in this section 21.7, City will release Developer from its obligations so assigned and will release to Developer any bond or other security posted to secure the Public Improvements so assigned; provided, however, that City will not release any security given to secure the performance of any of any Public Improvement that is not assigned.
21.8 Binding Effect. Each of the covenants and conditions in this Agreement binds and inures to the benefit of the Parties, and their successors, heirs, personal representatives, and assigns. This section does not authorize a Party to assign any right or obligation.
21.9 No Third-Party Beneficiaries. There is no intended third-party beneficiary of any right or obligation assumed by the Parties.
21.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
21.11 Consent to Jurisdiction and Venue.
(A) This Agreement must be construed in accordance with and governed by the laws of the State of California.
(B) Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken under this Agreement, must be filed and prosecuted in the appropriate state court in the County of Orange, California. (C) Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
21.12 Attorneys’ Fees and Costs.
(A) If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration 22 BBK: December 2022
award, is entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). (B) Any judgment, order, or award entered in such legal action or proceeding must contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following:
(1) post judgment motions and appeals,
(2) contempt proceedings, garnishment, levy, and debtor and third-party examination,
(3) discovery, and
(4) bankruptcy litigation.
(C) This section 21.12 survives termination or expiration of this Agreement.
21.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, constitute one and the same instrument. 23 BBK: December 2022
SIGNATURES
CITY OF STANTON [INSERT NAME OF DEVELOPER]
By: By:
David J. Shawver , Mayor Signature
Print Name
Title
ATTEST:
(Seal)
By: By:
Patricia Vazquez, City Clerk Signature
Print Name
Title
APPROVED AS TO FORM:
By:
HongDao Nguyen, City Attorney
Best Best & Krieger LLP
NOTE: Developer’s and Surety’s signatures must be duly notarized, and appropriate attestations must be included as required by the bylaws, articles of incorporation, or other rules or regulations applicable to Developer’s business entity.
NAM NGUYEN
NAM NGUYEN
OWNER
24 BBK: December 2022
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
25 BBK: December 2022
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On , before me, ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
Exhibit A BBK: December 2022
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. [2021-110]
[***INSERT LEGAL DESCRIPTION OR ATTACH BEHIND THIS PAGE***] Exhibit B BBK: December 2022
EXHIBIT B
LIST OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. [2021-110]
Developer must perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the following Public Improvements in accordance with the plans and specifications on file with City or with any changes required or ordered by the City Engineer which, in his opinion, are necessary or required to complete this work.
Developer is required to perform the following Public Improvements under this Agreement:
1. MONUMENT INSTALLATION [INSERT DESCRIPTION OF IMPROVEMENTS]
2. OFFSITE / PUBLIC IMPROVEMENT WORK - SEWER CONNECTION Exhibit C BBK: December 2022
EXHIBIT C
SURETY BONDS AND OTHER SECURITY
PARCEL MAP NO. [2021-110]
As evidence of understanding the provisions contained in this Agreement, and of Developer’s intent to comply with same, Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $
Surety:
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $
Surety:
Attorney-in-fact:
Address:
GUARANTEE AND WARRANTY SECURITY BOND: $
Surety:
Attorney-in-fact:
Address:
MONUMENT SECURITY BOND: $
Surety:
Attorney-in-fact:
Address:
Exhibit C BBK: December 2022
BOND NO. ______________________
INITIAL PREMIUM: ______________________
SUBJECT TO RENEWAL
CITY OF STANTON
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Stanton, California (“City”) and ___________________ _________________________________________ (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. [TRACT NO.] (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement for Completion of Public Improvements dated _______________________, 20__, (“Improvement Agreement”); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and ______________________________ (“Surety”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of [INSERT AMOUNT WRITTEN OUT] DOLLARS ($[INSERT NUMBERS]), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in NINE THOUSAND, NINE HUNDRED & SEVENTY FIVE ($9,975)
Exhibit C BBK: December 2022
the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499, et seq., of the Government Code of California and Chapter 19 of the Stanton Municipal Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, 20___. ________________________________ _________________________________ Principal Surety
By: ___________________________ By: ___________________________ President Attorney-in-Fact
___________________________ ___________________________ Print Name Print Name
[ADD ADDITIONAL SIGNATURES IF NECESSARY]
Exhibit C BBK: December 2022
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who
signed the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto if a local representative signs.
Exhibit C BBK: December 2022
BOND NO. ______________________
INITIAL PREMIUM: ______________________
SUBJECT TO RENEWAL
CITY OF STANTON
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Stanton, California (“City”) and ___________________ ______________________________________ (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel Map No. [2021-110] (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Public Improvements dated _______________________, 20___ (“Improvement Agreement”); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as Exhibit C BBK: December 2022
aforesaid excepting the Principal, the sum of [INSERT AMOUNT WRITTEN OUT] DOLLARS, ($[INSERT NUMBERS]), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code and Chapter 19 of the Stanton Municipal Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
(Signatures on following page)
NINE THOUSAND, NINE HUNDRED & SEVENTY FIVE
($9,975)
Exhibit C BBK: December 2022
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this ___ day of ___________, 20___. _____________________________ __________________________ Principal Surety
By: By:
President Attorney-in-Fact
Print Name Print Name
[ADD ADDITIONAL SIGNATURES IF NECESSARY]
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who signed
the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto of a local representative signs.
Exhibit C BBK: December 2022
BOND NO. ______________________
INITIAL PREMIUM: ______________________
SUBJECT TO RENEWAL
CITY OF STANTON
SUBDIVISION MAINTENANCE BOND
GUARANTEE AND WARRANTY SECURITY
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the conditions placed on the tentative/parcel map for Parcel Map No. (2021- 110] require that the City Council of the City of Stanton, State of California, and _______________________________ (“Principal”) enter into an agreement by which Principal agrees to install and complete certain designated public improvements and to guarantee and warrant the work for a period of one year following its completion and acceptance (“Agreement”); and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the Agreement.
NOW, THEREFORE, we, Principal and
a , admitted and duly authorized to
transact business under the laws of the State of California as surety (“Surety”), are held and firmly bound unto the City of Stanton as obligee (“City”), in the penal sum of ($ ) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the said agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
Exhibit C BBK: December 2022
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The surety waives all rights of subrogation against City or any person employed by City.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this ___ day of ___________, 20___. _____________________________ __________________________ Principal Surety
By: By:
President Attorney-in-Fact
Print Name Print Name
[ADD ADDITIONAL SIGNATURES IF NECESSARY]
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who signed
the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto if a local representative signs.
Exhibit C BBK: December 2022
BOND NO. ______________________
INITIAL PREMIUM: ______________________
SUBJECT TO RENEWAL
CITY OF STANTON
MONUMENT SECURITY
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Stanton, California (“City”) and ____________________ (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights and all other required facilities for _________________ (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Public Improvements dated _______________________, 20___ (“Improvement Agreement”); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required under the terms of the Improvement Agreement to furnish a bond for the installation of monuments pursuant to the Agreement.
NOW, THEREFORE, we, Principal and
(“Surety”), a corporation organized and existing under the laws of the State of _______________, admitted and duly authorized to transact business under the laws of the State of California as surety, are held and firmly bound unto City, in the sum of [INSERT AMOUNT WRITTEN OUT] DOLLARS ($[INSERT NUMBER]), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the installation of monuments pursuant to the Agreement and any alteration thereof made as therein provided, on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and
TWO THOUSAND, FIVE HUNDRED
$2,500
Exhibit C BBK: December 2022
shall indemnify and save harmless City, its elected officials, officers, employees, agents and volunteers, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement, or to any plans, profiles or specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at , this ___ day of ___________, 20___. _____________________________ __________________________ Principal Surety
By: By:
President Attorney-in-Fact
Print Name Print Name
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
Exhibit C BBK: December 2022
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as Principal to the within bond; that , who signed
the said bond on behalf of the Principal was then of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing board. (Corporate Seal)
Signature
Date
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto if a local representative signs. 1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: March 26, 2024
SUBJECT: AUTHORITY TO ADVERTISE FOR CONSTRUCTION OF THE FAMILY
RESOURCE CENTER RENOVATION (PHASE II) PROJECT
REPORT IN BRIEF:
The plans and specifications for the Family Resource Center Renovation (Phase II) Project are complete. The City Engineer is recommending City Council approve the specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner.
The Project plans and specifications are available in the City Engineer’s Office for review.
RECOMMENDED ACTIONS:
1. City Council find that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures and facilities; and
2. Approve the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and
3. Authorize and advertise for bids the Family Resource Center Renovation (Phase II) Project.
BACKGROUND:
In 2022, the City’s Community Services Department obtained a Community Development Block Grant (CDBG) from the County of Orange for renovation of the City’s Family Resource Center. The scope of work included building/facility and landscape/exterior elements.
On February 22, 2022, the City Council awarded a design contract in the amount of $57,600 to BOA Architecture for design of the project.
The landscape portion of the renovation effort (playground, rubberized surface, benches, trash receptacles) is not funded by the CDBG grant. In an effort to comply with grant deadline requirements, this portion was removed from the scope of the Family Center Renovation Project and was planned to be bid out as a separate project.
Item: 9E
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2 The Family Resource Center Renovation (Phase II) Project consists of demolition and removals, clearing and grubbing, site preparation, installation of new play equipment, site furnishings, French drain and sumps, and rubberized surfacing.
ANALYSIS/JUSTIFICATION:
The plans and specifications for the Family Resource Center Renovation (Phase II) Project are substantially complete. The engineer’s cost estimate for this project is approximately $261,160. The City Engineer is recommending Council approve the specifications and plans for bidding, subject to revisions by the City Engineer and the City Attorney, to ensure a construction contract is awarded in an efficient and timely manner.
The Project plans and specifications are available in the City Engineer’s Office for review.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ENVIRONMENTAL IMPACT:
This project is exempt under the California Environmental Quality Act (“CEQA”), Class 2, Section 15302 as replacement of existing structures an facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVES ADDRESSED:
Obj. No. 3: Provide a high-quality infrastructure.
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
PUBLIC NOTIFICATION:
Through the normal agenda process.
Prepared by: Han Sol Yoo, Associate Engineer
Reviewed by: Cesar Rangel P.E., Director of Public Works/City Engineer Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: March 26, 2024
SUBJECT: CITY SPONSORSHIP REQUEST – STANTON COMMUNITY
FOUNDATION ANNUAL CAR SHOW
REPORT IN BRIEF:
Per the City’s Sponsorship Program, the Stanton Community Foundation is requesting co-sponsorship of the 20th Annual Car Show. The sponsorship request is for in-kind consideration valued at $300. At its meeting on August 23, 2022, the City Council directed staff to bring all sponsorship requests to the Council for consideration until further notice.
RECOMMENDED ACTIONS:
1. City Council declare this project to be categorically exempt under the California Environmental Quality Act, Class 1, Section 15301c; and
2. Determine the status of the Stanton Community Foundation’s sponsorship request for a total in-kind value of $300.
BACKGROUND:
At its meeting on August 23, 2022, the Council approved a City Administrative Policy for a City Sponsorship Program. The policy sets forth guidelines and criteria governing the granting of City funds or in-kind services for the purpose of supporting local festivals, special events, community projects or programs.
The goals and objectives of the approved City Sponsorship Program are as follows:
• Promote the City as a desirable place to live, visit and do business. • Promote the City as a visitor destination and/or bring tourism-associated revenue to the City.
• Enhance the quality of life and well-being of the citizenry. • Advance the City’s commitment to and pride in being a multicultural community. • Encourage the development of neighborhood identity and pride.
Item: 9F
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2 The City Sponsorship Program includes general requirements, eligibility criteria, and conditions outlined in the policy. As part of the approved policy, the City Council directed staff to bring all sponsorship requests for consideration until further notice to evaluate the impact on City resources. The City Council also outlined that if sponsorships are in-kind, the value of the in-kind items may not equal more than 25% of the program/event budget, up to a maximum of $1,000.
ANALYSIS/JUSTIFICATION:
The Stanton Community Foundation submitted a request for sponsorship on March 11, 2023 (Attachment A). The request solicits support for the 21st annual Car Show planned for May 18, 2024, from 9 am to 2 pm at Stanton Park. Requested items include:
1. Promotion of the event through the City’s social media channels (including use of the City logo) and displaying the event on the electronic boards in front of City Hall and Stanton Central Park.
2. Waive the Special Event Permit Fees and any other City fees.
3. Allow the display of promotional banners at Stanton Park leading up to the day of the event and flyers at City facilities.
4. Use of Stanton Park including restrooms and picnic tables on the day of the event.
5. City support with invitations for OCSD and/or OCFA attendance.
The sponsorship request states that it is less than 25% of the entire event budget. The total in-kind value is outlined below:
Staff-Time for Marketing, Coordination $40/hr,3 hours total $120 Special Event Permit Fee $180 (flat rate) $180
TOTAL $300
Upon review of the application, staff found that all required criteria have been met, including the provision of documentation for nonprofit status in the form of an IRS determination letter.
FISCAL IMPACT:
Fiscal impact includes an in-kind value of $300 to support the event with requested City resources.
This is the second sponsorship request reviewed by the Council for Fiscal Year 2023/2024. The current sponsorship status is provided below:
Number of Requests
Approved To-Date Funds Granted To-Date
In-Kind Consideration
Granted To-Date
1 $0 $499
3 ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
None.
STRATEGIC PLAN OBJECTIVES ADDRESSED:
Obj. No. 4: Ensure fiscal stability and efficiency in governance.
Obj. No. 5: Provide a high quality of life.
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
Prepared by: Zenia Bobadilla, Community Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:
A. Sponsorship Request – Stanton Community Foundation, Stanton Car Show The Stanton Community Foundation is a 501(c)(3) charitable organizations.
Contributions are tax deductible to the extent allowed by law. Tax I.D. #90-0476259 Stanton Community Foundation c/o Chair Alyce Van, 11050 Cedar St., Stanton, CA 90680 Dear Director Zenia Bobadilla:
The Stanton Community Foundation is writing to ask the City of Stanton to become a sponsor of the 21th Annual Stanton Car Show, scheduled for Saturday, May 18, 2024 at Stanton Park. This annual car show has special historical significance in the city of Stanton as it was ran by the city for many years in the past, and it continues to draw a huge crowd of car enthusiasts, tourists, community partners, and residents. It also provides positive media coverage for the city.
PCTA’s Youtube channel has numerous videos covering the annual Stanton Car Show dating back over a decade.
The Stanton Community Foundation kindly requests the city’s sponsorship for this event in the following capacities:
1. Help with promotion through the city’s social media channels and displaying the event on the electronic board in front of city hall and Stanton Central Park for at least two weeks leading up to the event date
2. Waive the Special Event Permit Fees and any other city fees
3. Allow the display of promotional banners at Stanton Park leading up to the day of the event and flyers at city facilities
4. Use of Stanton Park including restrooms and picnic tables on day of the event
5. City support with any invitations for OCSD or OCFA’s attendance This sponsorship request is less than 25% of the program/event budget. If desired, the City of Stanton will be prominently recognized as a sponsor in all promotional materials, and the City’s logo may be included in the flyer.
The Stanton Community Foundation has a long history of working with the City for over a decade to elevate our community and benefit the residents. You may view our website at stantoncommunityfoundation.org to see the numerous services and benefits we provide for the Stanton Community. Some of our projects include, but not limited to:
Senior Shopping Carts: In 2011, the SCF began providing seniors living at Park Place Senior Apartments with shopping carts. They help our seniors to complete their personal shopping needs within our community.
Threads for Kids: This program began in 2013 and provides funds to local elementary schools to purchase a school hoodie/sweatshirt for a child in need. Back to School Fest: The Stanton Back to School Fest is a partnership between the Foundation, the city, and numerous community-based organizations to host a school supply giveaway serving the families of Stanton and surrounding neighborhoods. The 2021 Back to School Fest served around 500 K-12 students, providing free school supplies, eye exams, on-site COVID vaccinations, and much more.
Attachment: A
Click here to return to the agenda.
The Stanton Community Foundation is a 501(c)(3) charitable organizations.
Contributions are tax deductible to the extent allowed by law. Tax I.D. #90-0476259 Stanton Community Foundation c/o Chair Alyce Van, 11050 Cedar St., Stanton, CA 90680 Supply Our Schools: SOS began in 2014, providing funds to local elementary and junior high school teachers to purchase items needed in the classroom. Senior Exercise Program: Provides local seniors a weekly exercise program at two different locations in our city at no cost. This program has been in place since 2015. SMART: Our most recent program, SMART, stands for Summer Math Academy & Resource Training, started in 2018. It is an intensive summer bridge program for incoming high school freshmen who failed middle school math and are at risk of dropping out of high school.
Veterans Plaque Program: Honoring veterans who have served or are currently serving in the United States Armed Forces, the Inspirational Wall Plaque Program offers an opportunity to have an engraved bronze plaque at Stanton’s Veterans Memorial Park.
Stanton Community Garden: Local residents can rent a plot to grow and have access to fresh produce.
Since its inception in 2015, the Stanton Community Garden has served approximately 55 families per year.
Please do not hesitate to contact me with any questions or concerns. You may email me at [email protected], or call me anytime at: (714) 733-8326. We appreciate your support.
Sincerely,
Alyce Van
Chair, Stanton Community Foundation
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: March 26, 2024
SUBJECT: FIRST AMENDMENT TO GRANT ADMINISTRATION AGREEMENT
WITH THE HOPE CENTER OF ORANGE COUNTY
REPORT IN BRIEF:
The City was designated as the recipient of $5,000,000 as part of the Byrne Discretionary Grant program (Byrne Grant), which must be used for a North Orange County Public Safety Task Force project. The North Orange County Public Safety Collaborative’s Coordinating & Advisory Board directed the funds to be used to sponsor the programs and activities of the HOPE Center of Orange County (HOPE Center). In June 2023, the City and the HOPE Center entered into a Grant Administration Agreement in which the City agreed to function as a pass-through entity to disburse Byrne Grant funds to the HOPE Center. The proposed first amendment to the Grant Administration Agreement redirects certain Byrne Grant funds currently categorized as Indirect Costs to Direct Costs.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Approve the First Amendment to Grant Administration Agreement and authorize the City Manager to execute said Agreement.
BACKGROUND:
In June 2023, the City and the HOPE Center entered into a Grant Administration Agreement in which the City agreed to function as a pass-through entity by disbursing Byrne Grant funds to support subrecipient services offered by the HOPE Center, including homeless outreach and engagement initiatives (Attachment A).
Item: 9G
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2 ANALYSIS AND JUSTIFICATION:
The original budget for the Byrne Grant funds for indirect costs for the City of Stanton included the following:
Year Indirect Costs (Budgeted) Indirect Costs (Used)
Year 1 $152,148.68 $0
Year 2 $54,549.58 $47,725 (estimated)
Year 3 $44,752.09 $47,725 (estimated)
TOTAL $251,450.35 $95,450 (estimated)
Remaining funds $156,000.35
The First Amendment to the Agreement proposes to:
• Redirect Byrne Grant funds in the amount of $156,000 currently categorized as Indirect Costs to be used as Direct Cost, specifically “Procurement City of Fullerton – Police Services”;
• Allow for future administrative reallocations of remaining Byrne Grant Funds, so long as they are within the respective budgets as approved by the Stanton City Council and the HOPE Board, to be approved administratively by the Stanton City Manager and the HOPE Center Executive Director; and
• Update the reimbursement rate for City staff time from an explicit rate to the fullyburdened rate in place at the time of request for reimbursement.
The City of Stanton will notify the HOPE Center of the amount of any funds remaining from the Indirect Costs budget as of June 30, 2025.
FISCAL IMPACT:
The City serves as a pass-through entity for the grant and will recover the majority of all administrative overhead costs. A nominal amount of administrative work was conducted but not reimbursed from June 2023 – September 2023.
ENVIRONMENTAL IMPACT:
None. This item is an administrative activity not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly). 3 LEGAL REVIEW:
The City Attorney has reviewed the First Amendment to Grant Administration Agreement and approved it as to form.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 1: Provide a safe community.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Hannah Shin-Heydorn, City Manager
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment(s):
A. Staff report of June 27, 2023, titled “Grant Administration Agreement with the Hope Center of Orange County”
B. First Amendment to Grant Administration Agreement Between the City of Stanton and the Hope Center of Orange County
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: June 27, 2023
SUBJECT: GRANT ADMINISTRATION AGREEMENT WITH THE HOPE CENTER OF
ORANGE COUNTY
REPORT IN BRIEF:
The City was designated as the recipient of $5,000,000 as part of the Byrne Discretionary Grants program. The grant must be used for the project of the North Orange County Public Safety Task Force. The North Orange County Public Safety Collaborative’s Coordinating & Advisory Board has directed that the funds be used to sponsor the programs and activities of the HOPE Center of Orange County (HOPE Center). This agreement ensures that the City’s disbursement, and the HOPE Center’s use, of the grant funds complies with all applicable legal requirements.
RECOMMENDED ACTION:
1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and
2. Approve the Grant Administration Agreement and authorize the City Manager to execute said Agreement; and
3. Ratify payments made to HOPE Center from September 1, 2022, through June 27, 2023.
BACKGROUND:
The North Orange County Public Safety Collaborative (“Collaborative”), formerly known as the North Orange County Public Safety Task Force, is comprised of eleven member cities, including the City of Stanton. The City is the current fiscal agent of the Collaborative, and all Collaborative decisions are made by the Coordinating & Advisory Board (“Board”). The City was designated as the recipient of $5,000,000 as part of the Byrne Discretionary Grant program (the “Byrne Grant”). The grant must be used for a Collaborative project and the Board has directed the funds be used to support homeless outreach efforts. Specifically, the Board approved an application for the Byrne Grant to sponsor the programs and activities of the Homeless Outreach and Proactive Engagement Center of Orange County (“HOPE Center”).
Attachment: A
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2 The HOPE Center is a regional hub that brings together community health workers, community-based organizations, and local law enforcement to address homelessness in a collaborative, comprehensive, structured, and efficient manner. The HOPE Center is working on developing and deploying a unified technology platform that seamlessly combines outreach worker dispatch, bed shelter reservation, and supportive housing matching. This centralized suite of apps will give the various homelessness service providers access to integrated, real-time data on their clients that they can use for effective case management at every point of work, from the initial outreach on the street to the permanent housing solution.
On July 26, 2022, the U.S. Department of Justice’s Office of Justice Programs (OJP) approved the Byrne Grant application. On February 9, 2023, the OJP approved the Byrne Grant budget. The Byrne Grant period of performance is three years: from September 1, 2022, to August 31, 2025.
ANALYSIS AND JUSTIFICATION:
The Byrne Grant Agreement between the OJP and the City includes over fifty award conditions, and sets recordkeeping, performance reporting, and financial reporting requirements. The City has set up internal controls to comply with the Byrne Grant program requirements, as well as all other applicable legal requirements. This Grant Administration Agreement (“Agreement”) between the City and the HOPE Center will bind the HOPE Center to the same legal requirements, including the requirement that HOPE Center personnel complete the OJP’s Grants Financial Management Training.
The Agreement also outlines the protocol for disbursement of the Byrne Grant funds, which is done primarily on a reimbursement basis. The City will collaborate with the HOPE Center to submit progress reports and budget modifications, as needed.
FISCAL IMPACT:
The City serves as a pass-through entity for the grant and will recover all administrative overhead costs. The Fiscal Year 2022-23 Amended Budget in the Justice Assistance Grant Fund (#245) includes the $5,000,000 appropriation for this program.
ENVIRONMENTAL IMPACT:
None. This item is an administrative activity not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly). 3 LEGAL REVIEW:
The City Attorney has reviewed the Grant Administration Agreement and approved it as to form.
STRATEGIC PLAN OBJECTIVE(S):
Obj. No. 1: Provide a safe community.
PUBLIC NOTIFICATION:
Public notice for this item was made through the regular agenda process.
Prepared by: Jason Huynh, Management Analyst
Reviewed by: Soo Elisabeth Kang, Assistant to the City Manager Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment(s):
A. Grant Administration Agreement
GRANT ADMINISTRATION AGREEMENT
BETWEEN THE CITY OF STANTON AND
THE HOPE CENTER OF ORANGE COUNTY
th
This Grant Administration Agreement (" Agreement") is entered into this " 27 day of Tune 2023 (" Effective Date"), by and between the City of Stanton, a California municipal corporation (" City"), and the HOPE Center of Orange County, a Califomia Nonprofit Public Benefit Corporation, located at 2050 Youth Way, Building # 1, Fullerton, CA 92835 Subrecipient"). City and Subrecipient are sometimes referred to collectively as the " Parties" and singularly as a " Party."
RECITALS
A. On March 15, 2022, President Joseph R. Biden Jr. signed into law H. R. 2471, the Consolidated Appropriations Act, 2022" (the " Act").
B. The Act allocated $ 184, 707, 000 in funding for the "Byrne Discretionary Community Project Grants/ Byrne Discretionary Grants" program (" Byrne Federal Grant Program"). The Assistance Listing Number associated with the Byrne Federal Grant Program is: 16. 753 Congressionally Recommended Awards).
C. Within the Byrne Federal Grant Program, the Act identified various projects that were eligible for funding. Each project so identified included a funding allocation and designated
recipient.
D. The Act designated City as the recipient of $5, 000,00in Byrne Federal Grant Program funds, which must be used to support "North Orange County Public Safety Task Force" programs and activities ( the " Byrne Grant Funds").
On April 1, 2022, personnel from the Office of Justice Programs (" OJP")— adepartment within the United States Department of Justice —informed City that it must submit an application to OJP to access the Byrne Grant Funds.
F. City submitted an application to OJP on July 5, 2022 (" Application"). The Application is attached hereto as Exhibit "A" and incorporated herein by reference.
G. The Application noted that City is one of 11 member cities that comprise the North Orange County Public Safety Task Force — now known as the North Orange County Public Safety Collaborative (" Collaborative"). The Application further explained that City, in conjunction with
programs
the Collaborative,
and activities.
desired to use the Byme Grants Funds to sponsor Subrecipient' s H. On July 26, 2022, OJP approved the Application and awarded City the $ 5, 000,00 in Byrne Grant Funds (" OJP Approval"). The OJP Approval is attached hereto as Exhibit B" and incorporated herein by reference; its Federal Award Identification Number is 15PBJA22GG00262BRND. As required by the OJP Approval, City enrolled in the federal Automated Standard Application for Payments portal (" Federal Portal"), which is the means by which City may access the Byrne Grant Funds.
I. Consistent with the Application and OJP Approval, Subrecipient desires to utilize the Byrne Grant Funds to cover the costs of certain expenses, projects, purchases, and activities set forth in the scope of work attached hereto as Exhibit " C" and incorporated 55801. 00002\ 41054483. 9
herein by reference. City desires to function as a pass -through entity by disbursing the Byrne Grant Funds to Subrecipient for these purposes.
J. City further desires to ensure that its disbursement, and Subrecipient' suse, of the Byrne Grant Funds complies with all applicable legal requirements, including without limitation, the, Act, the Byrne Federal Grant Program, the Application, the OJP Approval, the Office of Management & Budget (" OMB") Compliance Supplement, the OMB,.niform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all other statutes and/ or regulations governing the use and distribution of Byrne Federal Grant Program funding.
NOW, THEREFORE, in consideration of the above recitals, which are fully incorporated into this Agreement, and the mutual covenants contained herein, City and Subrecipient agree as follows:
1. DISBURSEMENTS
The Byrne Grant Funds shall be disbursed by City to Subrecipient in accordance with the provisions of this Agreement, including without limitation, the budget and invoicing guide included in that certain " HOPE Center Byrne Grant Budget," attached hereto as Exhibit " D," and incorporated herein by reference.
1. 2. Subrecipient may request a disbursement by submitting a funding request to City in accordance with the procedures attached hereto as Exhibit " E" and incorporated herein by reference ( each a " Funding Request"). Subrecipient may submit a Funding Request to City no more than three times per month.
1. 3. Upon receipt of a Funding Request, City will notify Subrecipient if any additional information and/ or documentation is required. Subrecipient shall promptly provide City with any requested information and/ or documentation. Thereafter, City shall cause the Byrne Grant Funds to be disbursed to City from the Federal Portal.
Within 10 days of the City' sreceipt of the funds, City will pay the Funding Request via an ACH payment or check made out to Subrecipient.
1. 4. In accordance with Exhibit " D," the Parties acknowledge that a portion of the Byrne Grant Funds will be used to cover the Parties' "Indirect Costs." The Parties agree that " Indirect Costs" shall include, but are not limited to, single audits of Subrecipient as contemplated by Section 5. 3 and time spent by City' s staff — including, without limitation, Management Analysts — in administering this Agreement (" City Staff Time"). Subrecipient agrees that City may reimburse itself from the Byrne Grant Funds for City Staff Time at a rate of $ 34.1 per hour, which may be amended from time to time by City via its adopted salary schedule. The total " Indirect Costs" City may reimburse itself for under this Section 1. 4 shall not exceed the limits specified in Exhibit " D."
1. 5. City shall keep accurate and complete records of all disbursements of Byrne Grant - Funds to City for reimbursement of City Staff Time. Such records shall be available for review by Subrecipient on a quarterly basis upon reasonable written notice to City.
55801. 00002\ 41054483. 9
2. TERM
The term of this Agreement shall commence on September 1, 2022 and shall continue in full force and effect through December 31, 2026 unless City terminates this Agreement or any portion thereof at anearlier date as provided herein. Notwithstanding the foregoing, certain obligations shall survive the termination of this Agreement, as provided herein.
3. RESTRICTIONS ON USE OF FUNDS
3. 1. The Parties acknowledge and agree that the Byrne Grant Funds are subject to the following conditions:
3. 1.. Subrecipient' s use of the Byrne Grant Funds will comply with all applicable requirements, including, without limitation, the Act, the \ Byrne Grant Program, the Application, .the OJP Approval, the OMB Compliance Supplement, the OMB Uniform Administrative Requirements, Cost.
Principles, and Audit Requirements for Federal Awards, and all statutes and/ or regulations governing the use and distribution of Byrne Federal Grant Program funding.
3. 1.2. The Byrne Grant Funds shall be disbursed to Subrecipient solely for the purposes provided in Exhibit "C," and all eligible expenses must be incurred by Subrecipient during the period of September 1, 2022 and August 31, 2025. Subrecipient shall not use the Byrne Grant Funds for any purpose not provided for in Exhibit " C."
3. 1.. All disbursements of Byrne Grant Funds to Subrecipient shall be subject to and consistent with the budget and processing procedures attached as Exhibit " D" and Exhibit " E." Notwithstanding any other provision of this Agreement, City will not disburse Byrne Grant Funds if a Funding Request, or the cumulative sum of Funding Requests, is inconsistent with Exhibit " D."
3. 1.4. In addition to the foregoing, Subrecipient shall not use the Byrne Grant Funds for any activity that would violate City, state or federal statutory or decisional law, including, but not limited to, any regulations affecting nonprofit or other organizations exempt from taxation pursuant to Section 501( c)( 3) of the Internal Revenue Code.
4. SUBRECIPIENT TRAINING
4. 1. Subrecipient agrees that for the duration of the Agreement, its personnel shall be adequately trained, to the satisfaction of City, on the following:
Online Grants Financial Management Training by the Office of Justice Programs
4. 2. The Parties acknowledge and agree that additional staff trainings may be necessary from time to time. Subrecipient agrees that City may require Subrecipient' s personnel to undergo additional trainings that City deems necessary to administer the Byrne Grant Funds.
55801. 00002\ 41054483. 9
5. DOCUMENTATION AND AUDIT REQUIREMENTS
5. 1. For the duration of this Agreement, Subrecipient shall provide biannual performance reports (" Performance Report") in accordance with the template attached hereto as Exhibit " F" and incorporated herein by reference. Performance Reports must be submitted to City each year: (1) on or before July 15th for the preceding January through June; and ( 2) on or before January 15th for the preceding July through December.
5. 2. Subrecipient shall maintain true, proper, and complete documentation that evidences Subrecipient' sexpenditures for approved uses of the Byrne Grant Funds (" Records") through December 31, 2030. Subrecipient shall make available to City such Records within 10 calendar days of the City' srequest. Subrecipient understands that other agencies, including, without limitation, the federal government, are authorized to audit City' s
use of Byrne Grant Funds. Subrecipient
shall use its best efforts to cooperate, promptly, in any audit by any agency or entity, including a City audit. This subsection 5. 2 shall survive the termination or expiration of this Agreement.
5. 3. Subrecipient shall cause both the following to be completed on an annual basis:
1) an audit of its financial statements performed by an independently certified public accounting firm in accordance with Government Auditing Standards; and ( 2) a single audit performed in accordance with Government Auditing Standards and the Office of Management and Budget Compliance Supplement. A reporting package that includes the following items must be provided to City within 30 days of the issuance of the auditor
fiscal year, whichever is sooner: (
reports
1)
or
data
nine
collection
months after
form( s); (
the end
2)
of
audited
Subrecipient' s
financial
statements; (3) single audit report; (4) a management letter issued by the auditors, if provided in a separate letter; and (5) Subrecipient' scorrective actions planned for any findings/ recommendations provided from the auditors.
5. 4. If an audit finds that any Byrne Grant Funds were used for disallowed costs, Subrecipient shall provide written notice to City and pay the total sum of the disallowed costs ( plus any interest imposed by the federal government) to City within 30 days of the issuance of the applicable audit report.
6. INDEMNIFICATION
6. 1. To the fullest extent permitted by law, Subrecipient shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, representatives, agents, volunteers, and employees ( collectively, the Indemnified Parties") from and against any and all claims ( including, without limitation, claims for bodily injury, death, or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, fees,
penalties,
disbursements
liabilities, costs
and
and
court
expenses ( including, without limitation, attorney' s
costs) of every kind and nature whatsoever
individually, a "Claim" and collectively, "Claims"), which may arise from or in any manner relate ( directly or indirectly) to misrepresentations or omissions by Subrecipient related to the Byrne Grant Funds, the disbursement of Byrne Grant Funds to Subrecipient, the acceptance or expenditure of Byrne Grant Funds by Subrecipient, and/ or the Agreement ( including the negligent and/ or willful acts, errors and/ or omissions of the Subrecipient, its principals, officers, agents, employees, vendors, suppliers, consultants, _subcontractors, and anyone 55801. 00002\ 41054483. 9
employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). This indemnification provision shall survive the expiration or termination of this Agreement.
7. SUBRECIPIENT INDEPENDENCE
In the performance of this Agreement, Subrecipient, its agents, and employees shall act in an independent capacity and are shall not be considered officers, agents, or employees of City. The manner and means of performing .under this Agreement are under the control of Subrecipient, except to the extent they are limited by statute, rule or regulation, and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Subrecipient, or any of Subrecipient' semployees or agents, to be the agents or employees of City. Subrecipient shall have the responsibility for and control over the means of performance under this Agreement, provided that Subrecipient is in compliance with the terms of this Agreement.
8. PROHIBITION AGAINST TRANSFERS
Subrecipient shall not assign, sublease, hypothecate, or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without written consent of City shall be null and void. Subrecipient shall be required to promptly reimburse City for any unauthorized assignment, sublease, hypothecation, or transfer of funds. This prohibition against transfers shall survive the expiration or termination of this Agreement.
9. NOTICES
9: 1. All notices, demands, requests, or approvals to be given under this Agreement shall be 'given in writing and shall be conclusively deemed served when delivered, personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided.
Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited to the U. S. mail or personally delivered as specified in this section.
9. 2. All notices, demands, requests or approvals from Subrecipient to City shall be addressed to the City at:
Attn: City Manager
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Email: hshinheydornna stantonca. gv
9. 3. All notices, demands, requests or approvals from City to Subrecipient shall be addressed to Subrecipient at:
Attn: Kellee Fritzal
HOPE Center of Orange County
2050 Youth Way, Building # 1
Fullerton, CA 92835
Email: kellee. fritzalnaochooecenter. orq
55801. 00002\ 41054483. 9
10. VIOLATIONS AND TERMINATION
10.. Specific Performance. Subrecipient agrees that, by accepting any Byrne Grant Funds, City has the legal right, and that all necessary conditions have been satisfied, to specifically enforce Subrecipient' sobligations pursuant to this Agreement.
10. 2. Immediate Termination. City may immediately terminate this Agreement if substantial evidence indicates that Subrecipient: ( 1) made a material misrepresentation to City; (2) falsified any document provided to City; (3) used Byrne Grant Funds for an ineligible expenditure; or (4) has engaged in fraud, theft, embezzlement, money laundering or any other financial impropriety. If City terminates the Agreement pursuant to this subsection 10. 2, Subrecipient shall return up to and including the entirety of the Byrne Grant Funds to City within 10 calendar days of City' swritten notice. Notwithstanding the foregoing, City shall consider any supporting documentation from Subrecipient which demonstrates that Subrecipient has used the Byrne Grant Funds in accordance with Section 3 of this Agreement. If City determines that funds have been used in accordance with Section 3, City may, in its sole and absolute discretion, elect not to require Subrecipient to return such funds.
10. 3. Violation; Opportunity to Cure. Except as otherwise provided in subsection 10. 2 above ( Immediate Termination), if Subrecipient violates this Agreement, Subrecipient shall cure such violation within 30 calendar days after receipt of written notice from City of such violation or within a timeframe that is mutually agreed to by the Parties in writing. If Subrecipient fails to timely cure the violation, then City may terminate the Agreement and Subrecipient shall retum up to and including the entirety of the Byme Grant Funds to City within 10 calendar days after receipt of written notice from City. Notwithstanding the foregoing, City shall consider any supporting documentation from Subrecipient which demonstrates that Subrecipient has used the Byrne Grant Funds in accordance with Section 3 of this Agreement. If City determines that funds have been used in accordance with Section 3, City may, in its sole and absolute discretion, elect not to require Subrecipient to return such funds.
10. 4. Misc.
10. 4.. If this Agreement is terminated pursuant to subsection 10. 2 or 10. 3 above, City shall have no further obligation to provide Byrne Grant Funds to Subrecipient. City shall also have the right to award the Byrne Grant Funds to another subrecipient, subject to OJP approval.
10. 4.2. In exercising its rights set forth above, City' s decision shall be final.
10. 4.3. In addition to the remedies set forth above, City shall have all other remedies available at law or equity to enforce this Agreement.
11. INSURANCE
Throughout the term of this Agreement, Subrecipient shall procure and maintain Dishonesty ( Fidelity & Crime) insurance with limits of not less than $ 100, 00 per occurrence. The City, its officers, officials, employees, and volunteers are to be covered 6-
55801. 00002\ 41054483. 9
as additional insureds under Subrecipient' s policy. Covered services thereunder shall include all work to be performed by Subrecipient under this Agreement. Subrecipient shall provide current evidence of the required insurance in a form acceptable to City and shall provide replacement evidence for any required insurance that expires prior to the completion, expiration, or termination of this Agreement.
12. PRIOR AGREEMENT; SUPERSEDED
Upon the Effective Date set forth above, this Agreement shall replace and supersede that certain " Grant Agreement" attached hereto as Exhibit " G" and incorporated herein by reference.
13. STANDARD PROVISIONS
13.. Compliance With All Laws. Subrecipient shall, at its own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal, state, county, or municipal, whether now in force or hereinafter enacted.
13. 2. Waiver. A waiver by either Party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
13. 3. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
13. 4. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
13. 5. Amendments. This Agreement may be modified or amended only by a written document executed by both Subrecipient and City.
13. 6. Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
13. 7. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.
13. 8. Equal Opportunity Employment. Subrecipient represents that it is an equal opportunity employer and it shall not discriminate against any contractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age, or any other impermissible basis under law. 7-
55801. 00002\ 41054483. 9
13. 9. Attorney' sFees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall be entitled to its attorney' s fees.
13.0. Taxes. The City and Subrecipient expressly agree that the Subrecipient shall be responsible for all taxes that are associated in any way with the receipt or use of the Byrne Grant Funds.
13.1. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
SIGNATURES ON NEXT PAGE]
8-
55801. 00002\ 41054483. 9
77,
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the - dates written below.
APPROVED AS TO FORM: CITY OF STANTON
A California municipal corporation
Date: 1Turne, 18 , 2023
By:
ongDao Nguyen
City Attorney
Date: cUim' en, son
By: rak nnah Sh' hf- Heyd rn
City Manager
AT ' ST: j j Subrecipient:
HOPE CENTER OF ORANGE COUNTY
ez a California nonprofit public benefit
corporation
SUBRECIPIENT UNIQUE ENTITY
IDENTIFIER ( UEI):
QC64KWSTLAM5
SUBRECIPIENT TAXPAYER ID NO:
55801. 00002\ 41054483. 9
Date:
By: terKellee Fritzal
Executive Director
Date: ( P
By:
END OF SIGNATURES]
9-
Sarah Bernal
Operations Manager
Standard Applicant Information
Project Information
Project Title Proposed Project Start Date Proposed Project End Date North Orange County PitblioSafety 9/ 1/ 22
8/ 31/ 25 ,
Collaborative Applicant Estimated Funding ( Non- Program Income Estimated Funding Federal Estimated Funding ( Federal Federal Share) 0.0
Share) 0.0
5000000. 0 . •
Total Estimated Funding • /
5000000. 0
Areas Affected by Protect (Cities, Counties, States, etc.) 90680
92808
92870
90620
92821
90830
92835
90623
90631
r
92885
Type Of Applicant
Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
Other (specify):
Application Submitter Contact Information
Application POC Prefix Name
Mr.
Application POC First Name
Jason
Application POC Suffix Name
Application POC Middle Name Application POC Last Name
Michael Huynh
Organizational Affiliation Title
City of Stanton Management Analyst
Phone Number Fax Number
7148904275 —
ORINumber
Executive Order and Delinquent Debt Information
Is Application Subject to Review by State Under Executive Order 123727* c. Program is not covered by E. O. 12372.
Email ID
JHuynh@StantonCA. gov
Is the Applicant Delinquent on Federal Debt?
No
SF424 Attachments ( 6)
Name Date Added
manifest. tx 8/ 22
ei
Name Date Added
Form SF424 4 0-V4.. pdf 6/ 8/ 22
Name Date Added
Form SFLLL 2 0- V2.. pdf 6/ 8/ 22
Name Date Added
SF424_ 4_0- 1234- Areas Affected by 6/ 8/ 22
Project. xlsx
Name Date Added
SF424_ 4_0- 1235- Congressional 6/ 8/ 22
Districts of Program- Project. xlsx
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Authorized Representative
Authorized Representative Information
Prefix Name
Mr.
First Name Middle Name Last Name Suffix Name
Jason Michael Huynh —
Title
Management Analyst
Verify Legal Name, Doing Business As, and Legal Address Legal Name
STANTON, CITY OF
UEI
FPXRE3JFQTH8
Doing Business As
Legal Addess
Certification
The legal name + Doing Business As ( DBA) and legal address define a unique entity in the system as represented in its entity profile.
The profile legal name and address is applicable to ALL applications and awards associated to this fiscal agent.
1. If this information is correct confirm/ acknowledge to continue with completion of this application..
I confine this is the correct entity.
Signer Name
Jason Huynh
Certification Date / Time
06/ 30/ 222 06:9 PM
2. If the information displayed does not accurately represent the legal entity applying for federal assistance:
a. Contact your Entity Administrator.
b. Contact the System for Award Management ( SAM. gov) to update the entity legal name/ address.
3. If the above information is not the entity for which this application is being submitted, Withdraw/ Delete this application. Please initiate a new application in Grants. gov with using the correct UEI/ SAM profile.
Proposal Abstract
The service planning area of North Orange County, which is made up of eleven cities, proactively draws on its partners and existing resources to work together in violence prevention and intervention. The North Orange County Public Safety Task Force —now known as the North Orange County Public Safety Collaborative ( the " Collaborative") —employs a structured, collaborative and highly leveraged approach which aligns and coordinates the efforts of local law enforcement across a contiguous, manageable geography while also enlisting and funding local community - based organizations ( CBOs) and other community partners with experience and expertise in treating the underlying causes of complex challenges.
Operating on a model of unified responsibility that is anchored by three pillars —centralizing resources, integrating data, and coordinating responses — the Collaborative seeks to sponsor the Homeless Outreach and Proactive Engagement Center ( HOPE Center) to align the various scattered efforts in the area of homeless outreach & engagement and manage these efforts In one seamless response driven by a multitude of specialized responders.
As a subrecipient of the funding, the HOPE Center is sponsored by the North Orange County Public Safety Collaborative to take the next step In actualizing the coordination of 11 North Orange County cities, community -based organizations, behavioral health street practitioners, and community health workers by 1) centralizing their service provision so that they are dispatched out of one physical building —regardless of traditional jurisdictions —and 2) getting them all to adhere to one technological communication and data aggregation platform. That technological platform, Outreach Grid, will be utilized by the HOPE Center and its partners will be instrumental to the HOPE Center' sadoption of a concept known as the " Point of Work" data collection.
The " Point of Work" approach entails leveraging technology to eliminate latency —operations are conducted in real- time on a consolidated platform, and data Is logged into the system at the exact moment it is collected. Applied to the field of homeless service provision, a - system of addressing homelessness can be reduced to four phases ( or points of work): outreach, shelter, housing navigation and case management, and permanent ( supportive) housing. At each point of work, our technology and practices must enable the collection of data pertinent to the. type of agency working with the client at the time of engagement, as well as support the communication of that data when they are linked to agencies in the next step in the process. The HOPE Center and Outreach Grid software will improve the capacity of the homeless services system to effectively plan, manage, and allocate resources so that responses are appropriate and expedient. That means that individuals experiencing homelessness will gain more reliable relief and consistent support —the right resource at the right time from first contact to permanent housing.
Proposal Narrative
ESName Category Created by
Hope Center - Proposal Proposal Narrative Jason Huynh
Narrative. pdf
Name Category Created by
FY22 JustGrants Proposal Narrative Jason Huynh
Application - FINAL. docx
Goals, Objectives, Deliverables, and Timeline
Application Date
Number Added
06/ 30/ 222
Application Date
Number Added
06/ 30/ 222
Goal Statement
Implement HOPE Center for North Orange County through a coordinated, regional plan that Improves the communication and Information collection In street homeless outreach & engagement
Objective Fiscal Year Quarter
Identify and improve homeless outreach & engagement capacity 2022 Ongoing Endourage information sharing between homeless service providers 2022 Ongoing Provide responsive and appropriate services to homeless individuals In 2022 Ongoing North Orange County
Deliverable Fiscal Year Quarter
MOUs, Letters of Agreement or Other Interim Deliverables 2022 04 Training In -person Curriculum 2023 02
Training
LUco .. II%UIII
Budget and Associated Documentation
Budget Summary
Budget / Financial Attachments
Indirect Cost Rate Agreement
No documents have been uploaded for Indirect Cost Rate Agreement Financial Management Questionnaire ( Including applicant disclosure of high -risk status) Fj Name
Financial Management
Questionnaire. pdf
Category
Budget Financial
Management
Questionnaire
Created by
Jason Huynh
Application Date
Number Added
07/5/ 2022
Disclosure of Process Related to Executive Compensation No documents have been uploaded for Disclosure of Process Related to Executive Compensation Additional Attachments
No documents have been uploaded for Additional Attachments Budget and Associated Documentation
Year 1 Year 2 Year 3 Total
Personnel 5959, 934. 00 $959,34. 00 $959,34. 00 52, 879,02. 00 Fringe 5200, 000. 599, 900. 0 599, 900. 0 $ 399, 800. 0 Benefits
Travel $ 0.0 50. 00 Moo 50. 00
Equipment 520, 00, 52, 000. $ 1, 000. 523, 000.
Supplies 548, 000. $26, 400. 0 $ 14, 400. 0 $ 88,00. 0
Construction 50. 00 50. 00 50. 00 50. o0
SubAwards 5568, 000. 5186, 759. 00 $186, 759. 00 $ 941, 58. 00 Procuremen 50. 00 50. 00 $ o.0 50. 00
t Contracts
Other Costs $ 200, 430. 0 $100, 00. $100, 00. 5400, 430. 0 Total Direct 51, 996, 364. 00 51, 374, 993. 00 51, 361, 993. 00 $ 4, 733, 350. 0 U0sts
4, 000. 5124, 800. 0 5137, 850. 0 $ 266, 650. 0
Indirect
Total Project $ 2, 000, 364. 00 $1, 499, 793. 00 $1, 499, 843. 00 Costs
5, 000,00. 0
Total Project
Cost
Breakdown
Federal
Funds
Match
Amount
Program
Income
Amount
Total Percentage
5, 000,00. 0 100. 00%
50. 00 0.0%
0:0 0.0%
Please note: After completing this budget detail summary, please confirm that the following final values entered in this section are identical to those entered in the corresponding estimated cost section of the Standard Applicant Information. Specifically, the following must be equivalent. Ifthey are not, you will not be able to submit this application until they are updated to be equivalent.
Standard Applicant Information Equals Budget Summary
Total Estimated Funding Total Project Costs
Federal Estimated Funding ( federal share) Federal Funds Applicant Estimated Funding ( non- federal share) Match Amount Program Income Estimated Funding Program Income Amount
DOES THIS BUDGET CONTAIN CONFERENCE COSTS WHICH IS DEFINED BROADLY TO INCLUDE MEETINGS, RETREATS, SEMINARS, SYMPOSIA, No AND TRAINING ACTIVITIES?
Personnel
Instructions
List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project.
Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. In the narrative section, please provide a specific description of the responsibilities and duties for each position, and explain how the responsibilities and duties support the project goals and objectives outlined in your application.
Year1
Year 1
Personnel Detail
Name Position Salary Rate Time Percentage
Worked of Time (%) Total Cost
Homeless Outreach
Coordinator 586, 489. 00 Y 1. 00 100. 00% $86, 489. 00
Homeless Outreach
Coordinator 586, 489. 00 Y 1. 00 100. 00% $ 86, 489. 00 Homeless Outreach $
88, 489. 00 Y 1. 00 100. 00% $86, 489. 00
l,UUlulllaLUI
Homeless Outreach $ 86, 489. 00 Y
Coordinator
1. 00 100. 00% $86, 489. 00
Homeless Outreach $
Coordinator 86, 489. 00 Y 1. 00 100, 00% $86, 489. 00
Homeless Outreach $
66, 489. 00 Y 1. 00 100. 00% $86, 489. 00 Coordinator
Administrative
Assistant 104, 000. Y 1. 00 100. 00% $ 104, 000.
Mike Hines Lieutenant 181, 000. Y 1. 00 100. 00%' 5181, 000.
Kellee
Fritzal
Executive Director $ 156, 000. Y 1. 00 100. 00% 5156, 000.
Personnel Total Cost
959,34. 00
Additional Narrative
The purpose of the Executive Director is to build a strong leadership team of dedicated and passionate partners committed to executing the goals, objectives, and deliverables of the HOPE Center; build, grow, and sustain a culture of equity and inclusion where racial equity is operationalized as a practice and outcome; continue the efforts to build efficiency and innovative best practices within every organizational area of the HOPE Center that supports and aligns with the growth North Orange County has experienced; create strategic and real- time feedback loops with funders, providers, and persons experiencing homelessness to ensure effective and timely services; maintain the fiscal integrity of the HOPE Center, including the development of long- term funding options capable of sustaining the organization; develop a communication and branding strategy that clearly articulates the HOPE Center' srole as the backbone of the North Orange County region' sre -housing system; and lead a healthy and positive culture through change management and strategic shifts.
The purpose of the Lieutenant is to work in tandem with the Executive Director and staff, along with all stakeholders and constituent interests. The Lieutenant will establish and maintain liaison relationships with law enforcement agencies and other governmental agencies, county and city departments, community -based organizations, the public, and other outside jurisdictions, In addition to coordinating high- level networks and/ or coalitions of communication across sectors or entities to provide appropriate and timely public safety services. He will Implement emerging trends In service delivery for the Intersecting issues of homelessness, health, and housing. He will assist and lead in formulating the standardized training manual for street practitioners, including public safety officers and street homeless outreach specialists. As a seasoned leader who understands the homeless services ecosystem and can articulate and advocate for the priorities of the HOPE Center to all key stakeholders and constituent interests, he will develop short- and long- range plans, policies, and priorities for the HOPE Center' spublic safety outreach team. He will also manage multiple, conflicting priorities and resolve complex problems through a stakeholder process designed to raise awareness and build consensus. The Lieutenant will demonstrate his organizational management experience while working within a complex governance structure comprised of a multitude of diverse partners and organizations.
Year 2
Year 2
Personnel Detail
Name Position Salary Rate Time Percentage
Worked of Time (%) Total Cost
Homeless Outreach $
86, 469. 00 Y
Coordinator
1. 00 100. 00% $86, 489. 00
Homeless Outreach $
86, 489. 00 Y
Coordinator
1. 00 100. 00% $ 86, 489. 00
Homeless Outreach $
88, 489. 00 Y
Coordinator
1. 00 100. 00% 586, 489. 00
Homeless Outreach $
68489. 00 Y
Coordinator
Homeless Outreach
Coordinator
1. 00 100. 00% 586, 489. 00
588, 49. 00 Y
Homeless Outreach $
86, 489. 00 Y
Coordinator
1. 00 100. 00% $ 86, 489. 00
1. 00 100. 00% $86, 489. 00
Administrative $
Assistant 104, 000. Y 1. 00 100. 00% $104, 000.
Mike Hines Lieutenant 5181, 000. Y 1. 00 100. 00% $181, 000.
Kellee Executive Director $ 156, 000. 1. 00 100. 00%
Fritzal Y 5156, 000.
Personnel Total Cost
959,34. 00
Additional Narrative
The purpose of the Administrative Assistant is to support the day- to- day operations of the HOPE Center and specifically, general office tasks and administrative duties, such as directing communications between colleagues and partners, organizing schedules and events, entering data, bookkeeping, maintaining office equipment, and so on. The administrative assistant will be focused on their goals as well as the overall goals of the HOPE Center and be prepared for anything that comes their way. The Administrative Assistant serves a vital role, especially because the HOPE Center will be collaborating with teams and individuals that come from a variety of organizations and jurisdictions.
The purpose of the Homeless Outreach Coordinators ( HOCs) is to conduct outreach and engagement in coordination with the law enforcement agencies, the County of Orange Health Care Agency, participating cities' staff, Mercy House, People Assisting the Homeless ( PATH), Volunteers of America - Los Angeles ( VOA -LA), CalOptima, and other service providers. A Homeless Outreach Coordinator' sactivities will include at least seven field visits per week to all areas of the communities identified as having unsheltered persons, with the goal of making initial contact or following up on active cases.
Year 3
Year 3
Personnel Detail
Name Position Salary Rate Time Percentage
Worked of Time (%) Total Cost
Homeless Outreach $
88, 489. 00 Y
Coordinator
1. 00 100. 00% 586, 489. 00
Homeless Outreach $
66, 489. 00 Y
Coordinator 1. 00 100. 00% 586, 489. 00
Homeless Outreach $
86, 489. 00 Y
Coordinator' 1. 00 100. 00% $86, 489. 00
Homeless Outreach $
Coordinator 88, 469. 00 Y 1. 00 100. 00% $ 86, 489. 00
Homeless Outreach $
Coordinator 86489. 00 Y 1. 00 100. 00% 586, 489. 00
Homeless Outreach
Coordinator 586, 489. 00 Y 1. 00 100. 00% 586, 489, 00
Administrative
Assistant 5104, 000. Y 1. 00 100. 00% $104, 000.
Mike Hines Lieutenant 5181, 000. Y 1. 00 100. 00% 5181, 000.
Kellee
Fritzal
Executive Director $ 156, 000. Y 1. 00
Personnel Total Cost
5959, 934. 00
100. 00% 5156, 000.
Additional Narrative
Additional field visits by the Homeless Outreach Coordinators ( HOCs) will be conducted as required or as directed by the HOPE Center' sdispatch and operations ( provided by Outreach Grid) to address concerns, situations, and issues related to homelessness. They will conduct Vulnerability Index - Service Prioritization Decision Assistance Tool (" VI- SPDAT") assessments or other related assessments in the field and use the Outreach Grid app to develop a by -name registry of each unsheltered person found to be residing within the community. They will develop an accurate field survey of the region' s nighttime population and develop strategies for outreach, case management, and service delivery, all while updating and reporting field activities on Outreach Grid daily. HOCs will be available to attend meetings to discuss outreach and engagement efforts as requested. Case Management Services will be provided on an ongoing basis to assess the condition of each homeless person, develop a housing plan, and coordinate with our wide array of agencies to connect the client with appropriate help and support. HOCs will develop a case management plan for each unsheltered homeless person. The HOPE Center' sstaff shall create and keep a file for each case and make the information available to the region upon request. The HOCs will engage in proactive case management that may include, but is not limited to, housing programs, substance abuse programs, mental health programs, employment programs, rapid re -housing ( diversion) services, or other services, as deemed appropriate. They will coordinate case management services with the Orange County Health Care Agency, emergency shelters, and other nonprofit providers to provide services based on the case management plan for that individual. Collaboratively,. the HOCs will provide monthly activity reports to the region to include total number of clients served, new engagements, number of referrals made, number ofVI- SPDAT assessments or other relevant assessments, number of clients who are document - ready, number of clients connected with housing or shelter, number of clients provided with diversion services. Reports may be modified to include additional information requested by the region. HOCs will participate monthly case management meetings with the HOPE Center collaborative partners and attend meetings ( as requested by their supervisor) to coordinate program activities with the County of Orange, participating law enforcement agencies, non- profit organizations, and neighboring cities.
Fringe Benefits
Instructions
Fringe benefits should be based on the actual known costs or an approved negotiated rate by a Federal Agency. If not based on an approved negotiated rate, list the composition of the fringe benefit package. Fringe benefits are for the personnel listed in Personnel budget categorylisted and only for the percentage of time devoted to the project. In the narrative section, please provide a specific description for each item Year1
Fringe Benefit Detail
Name Base Rate (%) Total Cost
Insurance $ 2, 000,00. 0 10% $ 200, 00.
Fringe Benefits Total Cost
200, 00.
Additional Narrative
Year 2
Fringe Benefit Detail
Name Base Rate (%) Total Cost
Insurance $ 1, 500, 000. 6.6% $ 99,00. 0
Fringe Benefits Total Cost
99,00. 0
Additional Narrative
Year 3
Fringe Benefit Detail
Name Base Rate (%) Total Cost
Insurance 51,00, 000. 6.6% $ 99,00. 0
Fringe Benefits Total Cost
599, 900. 0
Additional Narrative
Travel
Instructions
Itemize travel expenses of staff personnel ( e. g. staff to training, field interviews, advisory group meeting, etc.). Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation ( e.g., six people to 3 -day training at $X airfare, $ X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved.
Identify the location of travel, if known; or if unknown, indicate " location to be determined." Indicate whether applicant' s formal written travel policy or the
Federal Travel Regulations are followed. Note: Travel expenses for consultants should be included in the " Consultant Travel" data fields under the Subawards ( Subgrants) IProcurement Contracts" category. For each Purpose Area applied for, the budget should include the estimated cost for travel and accommodations for two staff to attend two three- day long meetings, with one in Washington D. C. and one in their region, with the exception of Purpose Area 1, which should budget for one meeting in Washington D. C, and Purpose Areas 6 and 7, which should budget for 3 meetings within a 3 year period, with 2 in Washington D. C, and 1 within their region. All requested information must be included in the budget detail worksheet and budget narrative.
Year 1
Travel Detail
Purpose Location Basis Cost Quantity of Type of # of # Of Travel Expense Staff Trips
Total Cost
Non - Federal Federal
Contribution Request
No items
Travel Total Cost
50. 00
Year 2
Travel Detail
Purpose Location Basis Cost Quantity Total Cost
of Type of # Of # Of Non - Federal Federal
Travel Expense Staff Trips Contribution Request
No Items
Travel Total Cost
50. 00
Year 3
Travel Detail
Purpose Type of Of # Of Non -Federal Federal
of Location Expense Basis Cost Quantity Staff Trips Total Cost Contribution Request Travel
No items
Travel Total Cost
0.0 Equipment
Instructions
List non - expendable items that are to be purchased ( Note: Organization' sown capitalization policy for classification of equipment should be used):
Expendable items should be included in the " Supplies" category Applications should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the ' Contracts° data fields under the ' Sub awards' ( Sub grants)/ Procurement Contracts' category. In the budget narrative, explain how the equipment is necessary for the. success In the budget narrative, explain how the equipment is necessary for the success of the project, and describe the procurement method to be used. All requested information must be included in the budget detail worksheet and budget narrative.
Year 1
Equipment Detail
Equipment # of Cost Non -Federal
Item Items Total Cost Contribution Federal Request
Computers &
Accessories
10. 00 $ 2, 000. $20, 000. 20, 000.
Equipment Total Cost
20, 000.
Additional Narrative
Computers can be tablets, desktops, laptops, or 2 -in -1s. Accessories can include headsets, mice, keyboards, chargers, etc.
Year 2
Equipment Detail
Equipment # of Cost Total Non -Federal Federal
Item Items Cost Contribution Request
Computer &
Accessories
1. 00 $ 2, 000. $2, 000.
Equipment Total Cost
2, 000.
2, 000.
Year 3
Equipment Detail
tn. ann.. nt• uan.
of
u../ 1.
Cost Non -Federal
Tbar rnnt• r... Mdhu6....
ryu, yu, vu. aow uo.e . vm. vvo. vmuuuuuu.. rvua. al nays ea Computer Maintenance & 1. 00
Replacement Parts
Equipment Total Cost
51, 000.
51, 000. 51, 000. .$ 1, 000:
Supply Items
Instructions
List items by type ( office supplies, postage, training materials, copy paper, and expendable equipment items costing less than $ 5, 000, such as books, hand held tape recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the course of the project. All requested information must be Included in the budget detail worksheet and budget narrative.
Year 1
Supply Item Detail
Purpose of # of Non -Federal Federal
Supply Items Items Unit Cost Total Cost Contribution Request PrinterlCopief
1. 00 $ 35, 000. 536, 000. $ 30, 000.
Lease
Office Supplies
Stationery)
1. 00 $ 12, 000. $ 12, 000. 512, 000.
Supplies Total Cost
49, 000.
Additional Narrative
Printer/ copier will be a lease - to -own.
Year 2
Supply Item Detail
Purpose of Supply # of Non -Federal Federal
Items Items Unit Cost Total Cost Contribution Request
Printer/ Copier
Lease/ Mintenance
1. 00 524, 000. $ 24, 000. 524, 000.
Office Supplies
Stationery)
Supplies Total Cost
29, 400. 0
1. 00 $ 2, 400. 0 $ 2, 400. 0 52, 400. 0
Year 3
Supply Item Detail
Purpose of
Supply Items
of Non -Federal Federal
Items Unit Cost Total Cost Contribution Request
Printer/ Copier
Maintenance
Office Supplies
Stationery)
1. 00 $ 12, 000. 512, 000. $ 12, 000.
1. 00 $ 2, 400. 0 $ 2, 400. 0 $ 2, 400. 0
Supplies Total Cost
14, 400. 0
Construction
Instructions
As a
rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Consult with the DOJ grant -making component before budgeting funds in this category. In the narrative section, please provide a specific description for each item, and explain how the item supports the project goals and objectives outlined in your application.
Year1
Construction Detail
Purpose of Description # of Cost Total Non -Federal Federal Construction of Work Items Cost Contribution Request
No items
Construction Total Cost
o. 00
Year 2
Construction Detail
Purpose of Description # of Cost Total Non -Federal Federal Construction of Work Items Cost Contribution Request
No items
Construction Total Cost
50. 00
Year 3
Construction Detail
Purpose of Description # of Cost Total Non -Federal Federal Construction of Work Items Cost Contribution Request
No Items
Construction Total Cost
0.0 Subawards
Instructions
Subawards ( see " Subaward" definition at 2 CFR 200. 92) : Provide a description of the Federal Award activiles proposed to be carried out by any subrecipient and an estimate of the cost ( include the cost per subrecipient, to the extent known prior to the application submission). For each subreciplent, enter the subrecipient entity name, if known. Please indicate any subaward information included under budget category Subawards ( Subgrants) Contracts by including the label "( subaward)" with each subaward category.
Year
Subaward ( Subgrant) Detail
Description Purpose Consultant Country State/ U. S. City Non -Federal Federal Territory { Total Cost Contribution Request
Outreach Grid
Technology
Tool
Development &
Implementation
Subawards Total Cost
568, 000.
Add Consultant Travel
Additional Narrative
Outreach Grid ( byARpledore nr ):
UnitedStates California Irvine $ 588, 000. $ 588, 000.
2 FTE) Dedicated Community Managers will handle data reports, encourage OG technology tool usage, train new users, and troubleshoot Issues - $ 250, 550
1 FTE) Dispatch Manager will handle incoming service calls in real- time and dispatch the appropriate resource in the field - 576, 830 1 FTE) Contributor App Manager will handle incoming submissions from community members to route the information to the right resource 582, 215
88) App User Licenses @ $ 99 per user per month - 5104,44 Android User App Development Fee for 168 hours @ $ 320/ hour-$ 53, 760 Each team member will use internal tools to effectively manage data and engage with users on the network, which will allocate the use of engineering resources to continuously build upon these technology tools. Those resources are accounted for in the cost.
Year 2
Subaward (Subgrant) Detail
Description Purpose Consultant Country State/ U.S. City Territory
Non -Federal Federal
Total Cost Contribution Request
Technology
Outreach Grid Tool Design & United States California Irvine $ 186, 759. 00 5188, 759. 00 Implementation
Subawards Total Cost
186, 759; 00
Add Consultant Travel
Year 3
Subaward ( Subgrant) Detail
Description Purpose Consultant Country
State/ U.S. Total Cost Non -Federal Federal
Territory City Contribution Request
Technology
Outreach Grid Tool Design & United States California Irvine $ 186, 759. 00 $ 186, 759. 00 Implementation
Subawards Total Cost
186, 759. 00
Add Consultant Travel
Procurement contracts ( see " Contract" definition at 2 CFR 200.2): Provide a description of the product or service to be procured by contract and an estimate of the cost. Indicate whether the applicant' sformal, written Procurement Policy or the Federal Acquisition Regulation is followed. Applicants are encouraged to promote free and open competition in awarding procurement contracts. A separate justification must be provided for sole source procurements In excess of the Simplified Acquisition Threshold set In accordance with 41 U. S. C. 1908 ( currently set at $250, 00) for prior approval. Please provide a specific description for each item, and explain how the item supports the project goals and objectives outlined in your application. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 - hour day), and estimated time on the project. Unless otherwise approved by the COPS Office, approved consultant rates will be based on the salary a consultant receives from his or her primary employer. Consultant fees in excess of $ 650 per day require additional written justification, and must be pre -approved In writing by the COPS Office If the consultant Is hired via a noncompetitive bidding process. Please provide a specific description for each item, and explain how the Item supports the project goals and objectives outlined In your application. Please visit https: I/cops. usdoj. govlgrants for a list of allowable and unallowable costs for this program.
Instructions -
Procurement contracts ( see ' Contract' definition at 2 CFR 200. 1): Provide a description of the product or service to be procured by contract and an estimate of the cost. Indicate whether the applicant' sformal, written Procurement Policy or the Federal Acquisition Regulation is followed. Applicants are encouraged to promote free and open competition in awarding procurement contracts. A separate justification must be provided for noncompetitive procurements in excess of the Simplified Acquisition Threshold set in accordance with 41 U. S. C. 1908 ( currently set at $250, 00).
Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee ( 8 -hour day), and estimated time on the project.
Witten prior approval and additional justification is required for consultant fees in excess of the DOJ grant -making components threshold for an 8 -hour day.
In the narrative section, please provide a specific description for each item, and explain how the item supports the project goals and objectives outlined in your application.
Year 1
v Procurement Contract Detail
Description Purpose Consultant Country StatelU. S. City Territory
Total Non -Federal Federal
Cost Contribution Request
No Items
Do you need Consultant Travel?
No
Procurement Cost
o. 00
Year 2
v Procurement Contract Detail
Description Purpose Consultant Country State/ U.S. City Total Non -Federal Federal Territory Cost Contribution Request
No Items
Do you need Consultant Travel?
Yes
Procurement Cost
0.0 v Consultant Travel Detail
Purpose
of Location
Travel
Type of Cost
Expense
Duration or Distance # of Total Non -Federal Federal Request Staff Cost Contribution
No items
Consultant Travel Total Cost
0.0 Procurement Total Cost
0.0 Year"
v Procurement Contract Detail
Description Purpose Consultant Country State/ U.S. City Total Non -Federal Federal Territory Cost Contribution Request
No Items
Do you need Consultant Travel?
Yes
Procurement Cost
0.0 v Consultant Travel Detail
Purpose
of
Travel
Location Type of Cost Duration or Distance # of Total Non -Federal Federal Request Expense Staff Cost Contribution
No items
Consultant Travel Total Cost
0.0 Procurement Total Cost
0.0 Other Direct Costs
Instructions
List items ( e.g., rent, reproduction, telephone, Janitorial or security services, and investigative or confidential funds) by type and the basis of the computation. For example, provide the square footage and the cost per square foot for rent, or provide a monthly rental cost and how many months to rent All requested information must be included In the budget detail worksheet and budget narrative.
Year 1
Other Cost Detail
Description
Length
Quantity Basis Costs of Total Costs Non -Federal Federal Time Contribution Request
HR/ Payroll 1. 00 Yearly $ 200, 430. 0 1. 00 $ 200, 430. 0 $ 200, 430. 0 Other Costs Total Cost
200, 430. 0
Additional Narrative
HR/ Payroll-- contracted services ( market rate) --includes payroll, workers compensation, unemployment insurance, medical/ dental Insurance, retirement, etc.
Year 2
Other Cost Detail
Description
Length
Quantity Basis Costs of Total Costs Non -Federal Federal Time Contribution Request
HR/ Payroll 1. 00 Yearly $ 100, 00. 1. 00 $ 100, 00.
Other Costs Total Cost
100, 00.
100, 00.
Year 3
Other Cost Detail
Description
Length
Quantity Basis Costs of Total Costs Non -Federal Federal Time Contribution Request
HR/ Payroll 1. 00 Yearly $ 100, 00. 1. 00 $ 100, 00.
Other Costs Total Cost
100, 00.
100, 00.
Indirect Costs
Instructions
Indirect costs are allowed only it a) the applicant has a current, federally approved indirect cost rate; or b) the applicant is eligible to use and elects to use the ' de minimis' indirect cost rate described in 2 C. F. R. 200. 414( Q. (See paragraph D. 1.b. in Appendix VII to Part 200 —States and Local Government and Indian Tribe Indirect Cost Proposals for a description of entities that may not elect to use the ' de minimis' rate.) Anapplicant with a current, federally approved indirect cost late must attach a copy of the rate approval, ( a fully -executed, negotiated agreement). If the applicant does not have an approved rate, one can be requested by contacting the applicant' scognizant Federal agency, which will review all documentation and approve a rate for the applicant organization, or If the applicant' saccounting system permits, costs may be allocated in the direct costs categories. ( Applicant Indian tribal governments, In particular, should review Appendix VII to Part 200 —States and Local Government and Indian Tribe Indirect Cost Proposals regarding submission and documentation of indirect cost proposals.) All requested Information must be included in the budget detail worksheet and budget narrative. In order to use the ' de minimis' indirect rate an applicant would need to attach written documentation to the application that advises DOJ of both the applicant' seligibility (to use the ' de minimis' rate) and its election. If the applicant elects the de minimis method, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. In addition, if this method Is chosen then it must be used consistently for all federal awards until such time as the applicant entity chooses to negotiate a federally approved indirect cost rate.
Year 1
Indirect Cost Detail
Indirect
Description Base Cost Non - Federal Federal
Rate Total Cost Contribution Request
Administrative & Fiscal
Oversight
Indirect Costs Total Cost
4, 000.
Additional Narrative
2, 000,00. 0 0. 20% $4, 000. $ 4, 000.
Year 2
Indirect Cost Detail
Description Base
Indirect
Cost Non - Federal Federal
Rate Total Cost Contribution Request,
Legal Services (Agreements &
Governance Structure)
Indirect Costs Total Cost
124, 600. 0
Additional Narrative
1, 500, 000. 8. 32% $124, 800. 0 5124, 800. 0
Year 3
Indirect Cost Detail
Description Base
Indirect
Cost Non - Federal Federal
Rate Total Cost Contribution Request
Expenditures Related to Direct - Cost $
Activities
1 500, 00. 9. 10%
Indirect Costs Total Cost
137, 850. 0
Additional Narrative
137, 850. 0 137, 850. 0
Additional Application Components
Tribal Authorizing Resolution
No documents have been uploaded for Tribal Authorizing Resolution Research and Evaluation Independence and Integrity Statement No documents have been uploaded for Research and Evaluation Independence and Integrity Statement Additional Attachments
No documents have been uploaded for Additional Attachments Disclosures and Assurances
Disclosure of Lobbying Activities
PjName — Category Created by Application Date
Form SFLLL_ 20- LobbyingActivitiesDisclosur — Number Added V2. 0. pdf a 06/8/ 2022
Disclosure. of Duplication in Cost Items
No. [Applicant Name on SF -424] does not have ( and is not proposed as a subreciplent under) any pending applications submitted within the last 12 months for federally funded grants or cooperative agreements ( or for subawards under federal grants or cooperative agreements) that request funding to support the same project being proposed In this application to OJP and that would cover any identical cost items outlined in the budget submitted as part of this application.
OMB APPROVAL NUMBER 1121- 0140
EXPIRES 05/ 31/ 2019
U. S. DEPARTMENT OF JUSTICE
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U. S. Department of Justice (" Department"), that all of the following are true and correct 1) have the authority to make the following representations on behalf of myself and theApplicant. I understand that these representations will be relied upon as material In any Department decision to make an award to the Applicant based on its application. 2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability ( including funds sufficient to pay any required non- federal share of project costs) to plan, manage, and complete the project described in the application properly. 3)1 assure that, throughout the period of performance for the award (if any) made by the Department based on the application — a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with at applicable award requirements and all applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of Interest. 4) The Applicant understands that the federal statutes and regulations applicable to the award (If any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition — a. the Applicant understands that the applicable statutes pertaining to civil rights will Include section 601 of the Civil Rights Act of 1964 42 U. S. C. § 2000d); section 504 of the Rehabilitation Act of 1973 ( 29 U. S. C. § 794); section 901 of the Education Amendments of 1972 ( 20 U. S. C. § 1681); and section 303 of the Age Discrimination Act of 1975 ( 42 U. S. C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may Include section 809( c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U. S. C. § 10228( c)); section 1407( e) of the Victims of Crime Act of 1984 ( 34 U. S. C. § 20110( e)); section 299A( b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U. S. C. § 11182( b)); and that the grant condition set out at section 40002( b)( 13) of the Violence Against Women Act (34 U. S. C. § 12291( 6)( 13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes ( and associated regulations); and
d. on behalf of the Applicant, l make the specific assurances set out in 28 C. F. R. §§ 42. 105 and 42. 204. 5) The Applicant also understands that ( in addition to any applicable program -specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award ( if any) made by the Department based on the application may Include, but are not limited to, 2 C. F. R. Part 2800 (the DOJ " Part 200 Uniform Requirements") and 28 C. F. R. Parts 22 confidentiality - research and statistical information), 23 (criminal Intelligence systems), 38 (regarding faith -based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). 6) I assure that the Applicant will assist the Department as necessary ( and will require subreciplents and contractors to assist as necessary) with the Department' scompliance with section 106 of the National Historic Preservation Act of 1966 ( 54 U. S. C. § 306108), the Archeological and Historical Preservation Act of 1974 ( 54 U. S. C. §§ 312501- 312508), and the National Environmental Policy Act of 1969 ( 42 U. S. C. 4321-335), and 28 C. F. R. Parts 61 ( NEPA) and 63 ( floodplains and wetlands). 7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award ( if any) made by the Department based on the application.
8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an Institution of higher education ( as defined at 34 U. S. C. § 10251( a)( 17)), I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance —
a. each such Institution camply with any requirements that are Imposed on It by the First Amendment to the Constitution of the United States; and "
b. subject to par. a, each such Institution comply with its own representations, If any, concerning academic freedom, freedom of inquiry and debate, research Independence, and research Integrity, at the Institution, that are Included in promotional materials, in official statements, in formal policies, In applications for grants ( Including this award application), for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public.
9) I assure that, if the Applicant Is a govemmental entity, with respect to the award ( if any) made by the Department based on the application - a. It wit comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U. S. C. 4601. 4655), which govem the treatment of persons displaced as a result of federal and federally - assisted programs; and b. It will comply with requirements of 6 U. S. C. §§ 1501.508 arid 7324.328, which limit certain political activities of State or local govemment employees whose principal employment is in connection with an activity financed in whole or In part by federal assistance. 10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), 1 assure that as required by 34 U. S. C. § 10382( c)( 11), it will, to the extent practicable and consistent with applicable law —including, but not limited to, the Indian Self- Determination and Education Assistance Act —seek, recruit, and hire qualified members of racial end ethnic minority groups and qualified women in order to further effective law enforcement by Increasing their ranks within the swom positions, as provided under 34 U. S. C. 10382( c)( 11).
11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U. S. C. 10552( a)( 3), that it will maintain and report such data, records, and information ( programmatic and financial) as DOJ may reasonably require.
I acknowledge that a materially false, fictitious, or fraudulent statement ( or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution ( Including under 18 U. S. C. §§ 1001 andfor 1621, and/ or 34 U. S. C. 10271- 10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise including under 31 U. S. C. §§ 3729-730 and 3801- 3812). I also acknowledge that the Departments awards, Including certifications provided In connection with such awards, are subject to review by the Department, Including by its Office of the Inspector General.
Signed,
SignerlD
jhuynh© stantonca. gov
Signing Date / Time
6/ 30/ 22 8: 55 PM
U. S. DEPARTMENT OF JUSTICE
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG -FREE WORKPLACE REQUIREMENTS; LAW ENFORCEMENT AND COMMUNITY POUGNG
Applicants should refer to the regulations and other requirements cited below to determine the certification to which they are required to attest.
Applicants should also review the instructions for certification included in the regulations or other cited requirements before completing this form.
The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U. S. Department of Justice Department") determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by 31 U. S. C. § 1352, as implemented by 28 C. F. R. Part 69, the Applicant certifies and assures ( to the extent applicable) the following:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal grantor cooperative agreement; b) If the Applicant' srequest for Federal funds Is in excess of $100, 00, and any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grantor cooperative agreement, the Applicant shall complete and submit Standard Form- LLL, "Disclosure of Lobbying Activities" in accordance with its ( and any DOJ awarding agency' s) Instructions; and c) The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts and their subcontracts) funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts ( or their subcontractors) are made and filed in accordance with 31 U. S. C. § 1352.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C. F. R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier " covered transaction," as defined at 2 C. F. R. § 2867.0( a), that neither it nor any of its principals -- a) Is presently debarred, suspended, proposed for debarment, declared Ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; lol has wnnm a three- year penou precemng tins application peen conwcteu or a relony comma: violation unuer any reoerar law, or peen conwcteu or had a civil judgment rendered against It for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public ( Federal, State, tribal, or local) transaction or private agreement or transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ar destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense Indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals') present responsibility; c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal, State, tribal, or local) with commission of any of the offenses enumerated In paragraph ( b) of this certification; and/ or d) has within a three- year period preceding this application had one or mare public transactions ( Federal, State, tribal, or local) terminated for cause or default.
B. Where the Applicant Is unable to certify to any of the statements in this certification, It shall attach an explanation to this application. Where the Applicant or any of Its principals was convicted, within athree- year period preceding this application, of afelony criminal violation under any Federal law, the Applicant also must disclose such felony criminal conviction in writing to the Department ( for OJP Applicants, to OJP of Ojpcompliancereporting@usdoj. gov; for OVW Applicants, to OVW at OVW. GFMD@usdoj. gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj. gov), unless such disclosure has already been made.
3. FEDERAL TAXES
A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or ( 2) the corporation has provided written notice of such ari unpaid tax liability ( or liabilities) to the Department ( far OP Applicants, to OJP at Ojpcompliancereporting@usdoj. gov; for OVW Applicants, to OVW at OV W. GFMD@osdoj. gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj. gov).
B. Where the Applicant Is unable to certify to any of the statements in this certification, It shall attach an explanation to this application.
4. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, as Implemented at 28 C. F. R. Part 83, Subpart F, for grantees,. as defined at 28 C. F. R. 44 83. 620 and
83. 650:
A. The Applicant certifies and assures that it will, or will continue to, provide a drug -free workplace by -- a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, ar use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an on - going drug -free awareness program to Inform employees about — 1) The dangers of drug abuse in the workplace;
2) The Applicant' s policy of maintaining a drug -free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees for drug abuse violations occurring In the workplace; c) Making it arequirement that each employee to be engaged In the performance of the award be given a copy of the statement required by paragraph ( a);
d) Notifying the employee in the statement required by paragraph ( a) that, as a condition of employment under the award, the employee will -- 1) Abide by the terms of the statement; and
2) Notify the employer In writing of the employee' sconviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
e) Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph ( d)( 2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, Including position title of any such convicted employee to the Department, as follows:
For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U. S. Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 7th Street, N. W., Washington, D. C. 20531.
Notice shall include the identification number( s) of each affected award; f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph ( d)( 2), with respect to any employee who Is so convicted:
1) Taking appropriate personnel action against such an employee, up to and Including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
2) Requiring such employee to participate satisfactorily in a drug abuse assistance ar rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs ( a), (b), (c), (d), (e), and ( f). 5 1 AW FNFnRrFMFNT AC, FNrV rrRTIFIrATInN RFDI IIRFf I INDFR fFPARTMFNT nF II ICTIrF nISCRFTIfNARY GRANT PROGRAMS I"GAFF POI WING CERTIFICATION")
If this application is fora discretionary award pursuant to which award funds may be made available ( whether by the award directly or by any subaward at any tier) to a State, local, college, or university law enforcement agency, the Applicant certifies that any such law enforcement agency to which funds will be made available has been certified by an approved independent credentialing body or has started the certification process. To become certified, a law enforcement agency must meet two mandatory conditions:
a) the agency' s use of force policies adhere to all applicable federal, State, and local laws; and b) the agency' s
use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law.
For detailed information on this certification requirement, seettp5:// CQpS. U6d6Qj. g0V/ SafePOliCingQ.
The Applicant acknowledges that compliance with this safe policing certification requirement does not ensure compliance with federal, state, or local law, and that such certification shall not constitute a defense in any federal lawsuit. Nothing in the safe policing certification process or safe policing requirement is intended to be ( or may be) used by third parties to create liability by or against the United States or any of its officials, officers, agents or employees under any federal law. Neither the safe policing certification process nor the safe policing certification requirement is Intended to ( or does) confer any right on any third -person or entity seeking relief against the United States or any officer or employee thereof. No person or entity is intended to be ( or is) a third -party beneficiary of the iafe policing certification process, or, with respect to the safe policing certification requirement, such a beneficiary for purposes of any civil, criminal, or administrative action.
6. COORDINATION REQUIRED UNDER PUBUC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U. S. C. § 10382( c)( 5), If this application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies. 1 acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) In this certification, or In the application that It supports, may be the subject of criminal prosecution ( including under 18 U. S. C. §§ 1001 and/ or 1621, and/ or 34 U. S. C. §§ 10271- 10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise ( including under 31 U. S. C. §§ 3729-730 and 3801- 3812). I also acknowledge that the Department' s awards, Including certifications provided In connection with such awards, are subjectto review by the Department, including by its Office of the Inspector General.
Certified
SlgnerlD
jhuynh@stantonca. gov
Signing Date / Time
6/ 30/ 22 8: 56 PM
Other Disclosures and Assurances
No documents have been uploaded for Other Disclosures and Assurances Declaration and Certification to the U. S. Department of Justice as to this Application Submission By [ taking this action], I —
1. Declare the following to the U. S. Department of Justice ( D0. 1), under penalty of perjury: (1) have authority to make this declaration and certification on behalf of the applicant: ( 2) I have conducted or there was conducted ( including by the applicant' slegal counsel as. appropriate, and made available to me) a diligent review of all requirements pertinent to and all matters encompassed by this declaration and certification.
2. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this application submission: (1) I have reviewed this application and all supporting materials submitted in connection therewith ( including anything submitted in support of this application by any person on behalf of the applicant before or at the time of the application submission and any materials that accompany this declaration and certification); (2) The information in this application and in all supporting materials is accurate, true, and complete information as of the date of this request; and ( 3)1 have the authority to submit this application on behalf of the applicant.
3. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: ( 1) I understand that, in taking ( or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact alto either) may be the subject of criminal prosecution ( including under 18 U. S. C. §§ 1001 and/ or 1621, and/ or 34 U. S. C. §§ 10271- 10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U. S. C. §§ 3729-730 and/ or §§ 3801- 3812) orotherwise.
Signed
SlgnerlD
Signing Date / Time
Other
No documents have been uploaded for Other
Certified
Award Letter
July 26, 2022
Dear Jason Huynh,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs ( OJP) has approved the application submitted by CITY OF STANTON for an award under the funding opportunity entitled 2022 BJA FY 22 Invited to Apply — Byrne Discretionary Community Project Funding/ Byrne Discretionary Grants Program 2. The approved award amount is $ 5, 000,00.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters ( e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non- compliance, which may include termination of the award and/ or a requirement to repay
award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative( s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative( s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative( s) must accept allparts of the Award Offer in the Justice Grants System JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven' talready completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs ( OJP), U. S. Department of Justice DOJ) has been delegated the responsibility for ensuring that recipients of federal. financial assistance from the OJP, the Office of Community Oriented Policing Services ( COPS), and the Office on Violence Against Women ( OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https:// ojp. gov/ funding/ Explore/ LegalOverview/ CivilRightsRequirements. htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal - opportunity standards.
If you are a
recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C. F. R. §§ 42. 204( c), . 205( c)( 5).
The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization' scivil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp. usdoj. gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Categorical Exclusion
NEPA Letter
None ofthe following activities will be conducted whether under the Office of Justice Programs federal action or a related third -party action:
1) New construction
2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property ( a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100 - year flood plain, a wetland, or habitat for an endangered species
3) A renovation that will change the basic prior use of a facility or significantly change its size
4) Research and technology whose anticipated• an future application could be expected to have an effect on the environment
5) Implementation of a program involving the use of chemicals ( including the identification, seizure, or closure of clandestine methamphetamine laboratories) Additionally, the proposed action is neither a phase nor a segment of a project that when reviewed in its entirety would not meet the criteria for a categorical exclusion.
Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) ofAppendix D to Part 61 of Title 28 of the Code of Federal Regulations.
Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for the Bureau of Justice Assistance.
NEPA Coordinator
First Name
Orbin
Ne Award Information
Middle Name Last Name
Terry
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. o Recipient Information
Recipient Name
STANTON, CITY OF
UEI
FPXRE3JFQTHB
Street 1
7800 KATELLAAVE
Street 2
City State/ U.S. Territory
STANTON California
Zip/ Postal Code Country
90680 United States
County/ Parish Province
Award Details
Federal Award Date
7/ 26/2
Award Number
15PBJA- 22- GG- 00262- BRND
Federal Award Amount
5, 000,00. 0
Award Type
Initial
Supplement Number
00 Funding Instrument Type
Grant
Assistance Listing Number Assistance Listings Program Title
16. 753
Statutory Authority
Pub. L. No. 117-03, 136 Stat 49, 125; 28 USC 530C
2 / have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2022 BJA FY 22 Invited to Apply — Byrne
Discretionary Community Project
Funding/ Byrne Discretionary Grants Program 2
Application Number
GRANT13651473
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name Phone Number
Elaine Smokes 202- 307- 1611
Email Address
Elaine. Smokes@usdoj. gov
Project Title
North Orange County Public Safety Task Force
Performance Period Start Performance Period End
Date Date
09/1/ 2022 08/ 31/ 2025
Budget Period Start Date Budget Period End Date
09/1/ 2022 08/ 31/ 2025
Project Description
The service planning area of North Orange County, which is made up of eleven cities, proactively draws on its partners and existing resources to work together in violence prevention and intervention. The North Orange County Public Safety Task Force — now known as the North Orange County Public Safety Collaborative ( the " Collaborative") —employs a structured, collaborative and highly leveraged approach which aligns and coordinates the efforts of local law enforcement across a contiguous, manageable geography while also enlisting and funding local community -based organizations ( CBOs) and other community partners with experience and expertise in treating the underlying causes of complex challenges. Operating on a model of unified responsibility that is anchored by three pillars — centralizing resources, integrating data, and coordinating responses — the Collaborative seeks to sponsor the Homeless Outreach and Proactive Engagement Center ( HOPE Center) to align the various scattered efforts in the area of homeless outreach & engagement and manage these efforts in one seamless response driven by a multitude of specialized responders.
As a subrecipient of the funding, the HOPE Center is sponsored by the North Orange County Public Safety Collaborative to take the next step in actualizing the coordination of 11 North Orange County cities, community -based organizations, behavioral health street practitioners, and community health workers by 1) centralizing their service provision so that they are dispatched out of one physical building —regardless of traditional jurisdictions —and 2) getting them all to adhere to one technological communication and data aggregation platform. That technological platform, Outreach Grid, will be utilized by the HOPE Center and its partners will be instrumental to the HOPE Center' s adoption of a concept known as the " Point of Work" data collection.
The " Point of Work" approach entails leveraging technology to eliminate latency —operations are conducted in real- time on a consolidated platform, and data is logged into the system at the exact moment it is collected. Applied to the field of homeless service provision, a system of addressing homelessness can be reduced to four phases ( or points of work): outreach, shelter, housing navigation and case management, and permanent ( supportive) housing. At each point of work, our technology and practices must enable the collection of data pertinent to the type of agency working with the client at the time of engagement, as well as support the communication of that data when they are linked to agencies in the next step in the process. The I-OPE Center and Outreach Grid software will improve the capacity of the homeless services system to effectively plan, manage, and allocate resources so that responses are appropriate and expedient. That means that individuals experiencing homelessness will gain more reliable relief and consistent support —the right resource at the right time from first contact to permanent housing.
have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
The recipient budget is currently under review.
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Compliance with general appropriations - law restrictions on the use of federal funds ( FY 2022) The recipient, and any subrecipient (" subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various " general provisions" in the Consolidated Appropriations Act, 2022, are set out at https:// ojp. gov/ funding/ Explore/ FY22AppropriationsRestrictions. htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient ( or a subrecipient)
would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C. F. R. Part 200, as adopted and supplemented by DOJ in 2 C. F. R. Part 2800 ( together, the " Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number ( e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards (" subgrants"), see the OJP website at
https:// ojp. gov/ funding/ Part200UniformRequirements. htm.
Record retention and access: Records pertinent to the award that the recipient ( and any subrecipient subgrantee") at any tier) must retain — typically for a period of 3 years from the date of submission of the final expenditure report ( SF 425), unless a different retention period applies — and to which the recipient and any subrecipient (" subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C. F. R. 200. 334.
In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 13 Requirement to report actual or imminent breach of personally identifiable information ( PII) The recipient (and any " subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent " breach" (OMB M- 17-2) if it ( or a subrecipient) — (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information PII)" (2 CFR 200. 1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a Federal information system" (OMB CircularA- 130). The recipient' s breach procedures must include. a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
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OJP Training Guiding Principles
Any training or training materials that the recipient — or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https:// www. ojp. gov/ funding/ implement/ training- guiding- principles- granteesand- subgrantees. f
5 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an " OJP financial management and grant administration training" by 120 days after thedate of the recipient' s acceptance of the award. Successful completion of such a training on or after October 15, 2020,
will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an " OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a
training on or after January 1, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider " OJP financial management and grant administration training" for purposes of this condition is available at https:// www. ojp. gov/ training/ fmts. htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold (" freeze") award funds if the recipient fails to comply with this condition. The recipient' sfailure to comply also may lead OJP to impose additional appropriate conditions on this award.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency ( OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements ( or by the terms of this award), or other outstanding. issues that arise in connection with audits, investigations, or reviews of DOJ awards.
Requirements of the award; remedies for non- compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U. S. Department of Justice (" DOS') may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the, award.
Any sucli exceptions regarding enforcement, including any such exceptions made during the period of performance, are ( or will be during the period of performance) set out through the Office of Justice Programs OJP") webpage entitled " Legal Notices: Special circumstances as to particular award conditions" ojp. gov/ funding/ Explore/ LegalNotices- AwardReqts. htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements — whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period — may result in OJP taking appropriate action with respect to the recipient and the award.
Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.
DOJ, including OJP, also may take other legal action as appropriate.
Any materially 'false, fictitious, or fraudulent statement to the federal government related to this award ( or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U. S. C. 1001 and/ or 1621, and/ or 34 U. S. C. 10271- 10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise ( including under 31 U. S. C. 3729-730 and 3801- 3812).
Should any provision of a
requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision. is utterly invalid or - unenforceable, such provision shall be deemed severable from this award.
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Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C. F. R. Part 38 The recipient, and any subrecipient (" subgrantee") at any' tier, must comply with all applicable requirements of 28 C. F. R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C. F. R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a
religious belief, a refusal to hold areligious belief, or refusal to attend or participate in a
religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient (" subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain. to recipients and subrecipients that are faith -based or religious organizations.
The text of 28 C. F. R. Part 38 is available via the Electronic Code of Federal Regulations ( currently accessible at https:// www. ecfcgov/ cgi- bin/ ECFR? page= browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e- CFR "current" data. t
9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C. F. R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with. all applicable requirements of 28 C. F. R. Part 42, specifically including any applicable requirements in Subpart E of 28 C. F. R. Part 42 that relate to an equal employment opportunity program. t10
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C. F. R. Part 54 The recipient, and any subrecipient (" subgrantee") at any tier, must comply with all applicable requirements of 28 C. F. R. Part 54, which relates to nondiscrimination on the basis of sex in certain " education programs." X11
Compliance with 41 U. S. C. 4712 (including prohibitions on reprisal; notice to employees) The recipient ( and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U. S. C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee' s disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipientalso must inform its employees, in writing ( and in the predominant native language of the workforce), of employee rights and remedies under 41 U. S. C. 4712.
Should a question arise as to the applicability of the provisions of 41 U. S. C. 4712 to this award, the recipient is to contact the DOJ awarding agency ( OJP or OVW, as appropriate) for guidance.
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Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient (" subgrantee") at any tier, must comply with all applicable laws, regulations, policies,, andofficial DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences ( as that term is defined by DOJ), including the provision of food and/ or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition, ofconferences and the rules applicable to this award appears in the DOJ Grants Financial Guide ( currently, as section 3. 10 of "Postaward Requirements" in the " DOJ Grants Financial Guide").
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Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner ( including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
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Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the " de minimis" indirect cost rate described in 2 C. F. R. 200. 414( f), and that elects to use the " de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The " de minimis" rate may be applied only to modified total direct costs ( MTDC) as defined by the Part 200 Uniform Requirements.
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Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated — in the application for the award ( as approved by DOJ)( orin the application for any subaward, at any tier), the DOJ funding announcement ( solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award ( whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual' s employment status.
The details of this requirement are posted on the OJP web site at https:// ojp. gov/ funding/ Explore/ InteractMinors. htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
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Requirement to disclose whether recipient is designated " high risk" by a federal grant -making agency outside of DOJ
If the recipient is designated " high risk" by a federal grarit- making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP. ComplianceReporting@ojp. usdoj. gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient' spast performance, or other programmatic or financial concerns with the recipient. The recipient' sdisclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency ( name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. t17
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website ( currently, the " DOJ Grants Financial Guide" available at https:// ojp. gov/ financialguide/ DOJ/ index. htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
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Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 ( October 1, 2009), DOJ encourages recipients and subrecipients (" subgrantees") to adopt and enforce policies banning employees• from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by. distracted drivers.
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Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as " high -risk" for purposes of the DOJ high -risk grantee list.
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Employment eligibility verification for hiring under the award
1. The recipient ( and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded in whole or in part) with award funds, the recipient ( or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U. S. C. 1324a( a)( 1).
B. Notify all persons associated with the recipient ( or any subrecipient) who are or will be involved in activities under this award of both —
1) this award requirement for verification of employment eligibility, and 2) the associated provisions in 8 U. S. C. 1324a( a)( 1) that, generally speaking, make it unlawful, in the United States, to hire ( or recruit for employment) certain aliens.
C. Provide, training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U. S. C. 1324a( a)( 1).
D. As part of the recordkeeping for the award ( including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance• withthis award condition in accordance with Form 1- 9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient' smonitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs ( if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons " who are or will be involved in activities under this award" specifically includes ( without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded ( in whole or in part) with award funds.
B. Employment eligibility confirmation with E -Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www. e- verify. gov), provided an appropriate person authorized to act on behalf of the recipient ( or subrecipient) uses E -Verify and follows the proper E -Verify procedures, including in the event of a " Tentative Nonconfirmation" or a Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded ( in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U. S. C. 1324a( a)( 1).
Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https:// www. e- verify. gov/) or email E -Verify at E- Verify@dhs. gov. E -Verify employer agents can email E -Verify at E- VerifyEmployerAgent@dhs. gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
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Restrictions and certifications regarding non - disclosure agreements and related matters No recipient or subrecipient (" subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting ( in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 ( which relates to classified information), Form 4414 ( which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient —
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns oris notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards (" subgrants"), procurement contracts, or both —
a. it represents that —
1) it has determined that no other entity that the recipient' sapplication proposes may or will receive award funds ( whether through a subaward (" subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expressly authorized to do so by that agency.
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Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U. S. Code were editorially reclassified ( that is, moved and renumbered) to a new Title 34, entitled " Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U. S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U. S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
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All subawards (" subgrants") must have specific federal authorization The recipient, and any subrecipient (" subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements — OJP considers a " subaward" (and therefore does not consider. a procurement
contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https:// ojp. gov/ funding/ Explore/ SubawardAuthorization. htm (Award condition: All subawards (" subgrants") must have specific federal authorization), and are incorporated by reference here.
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Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management SAM), currently accessible at https:// www. sam. gov/. This includes applicable. requirements regarding registration with SAM, as well as maintaining the currency of information, in SAM.
The recipient also must comply with applicable restrictions on subawards (" subgrants") to first -tier subrecipients ( first -tier " subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient' sobligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:// ojp. gov/ funding/ Explore/ SAM. htm (Award condition: System for Award Management SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person ( i.e., unrelated to any business or non- profit organization that he or she may own or operate in his or her name). 1E125
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient (" subgrantee") at any tier, either directly orindirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U. S. C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence ( or attempt to influence) a federal agency, a Member of Congress, or Congress ( or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U. S. C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient ( or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 1E126
Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $ 250, 00
The recipient, and any subrecipient (" subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold ( currently, $250, 00). This condition applies to agreements that — for purposes of federal grants administrative requirements — OJP considers a procurement " contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https:// ojp. gov/ funding/ Explore/ NoncompetitiveProcurement. htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed 250, 00)), and are incorporated by reference here.
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Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient (" subgrantee") at any tier, must comply with all applicable requirements including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients (" subgrantees"), or individuals defined ( for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient' sobligations related to prohibited conduct related totrafficking in persons are posted on the OJP web site at https:// ojp. gov/ funding/ Explore/ ProhibitedConduct- Trafficking. htm (Award condition: Prohibited conduct by recipients andsubrecipients related to trafficking in persons ( including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
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Requirement to report potentially duplicative funding
If the recipient currently ha' s other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used ( in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency ( OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification ( GAM) to eliminate any inappropriate duplication of funding.
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Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients (" subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General ( OIG) any credibleevidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award— (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by --(1) online submission accessible via the OIG webpage at https:// oig. justice. gov/ hotline/ contact- grants. htm (select "Submit Report Online"); (2) mail directed to: U. S.
Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/ or (3) by facsimile directed to the DOJ OIG Investigations Division ( Attn: Grantee Reporting) at ( 202) 616- 9881 (fax).
Additional information is' available from the DOJ OIG website at https:// oig. justice. gov/ hotline., 1E130
The recipient understands' that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 31 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e- mail address. If any information is incorrect or has changed, the award recipient' sEntity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https:// justicegrants. usdoj. gov/ training/ training- entity- management. 1E132
Compliance with 28 C. F. R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient ( and any subrecipient at any tier) must comply with 28 C. F. R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C. F. R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C. F. R. Part 23 occur, the recipient may be fined as per 34 U. S. C. 10231( c) -( d). The recipient may not satisfy such a fine with federal funds. rE133
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C. F. R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
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34 Confidentiality of data
The recipient ( and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U. S. C. 10231 and 28 C. F. R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F. R. Part 22 and, in particular, 28 C. F. R. 22.3.
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Copyright; Data rights
The recipient acknowledges that OJP reserves a
royalty -free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use ( in whole or in part, including in connection with derivative works), for Federal purposes: ( 1) any work subject to copyright developed under an award or subaward ( at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support.
The recipient acknowledges that OJP has the right to ( 1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and ( 2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. " Data" includes data as defined in Federal Acquisition Regulation ( FAR) provision 52. 227- 14 (Rights in Data - General).
It is the responsibility of the recipient ( and of each subrecipient ( at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward ( at any tier) under this award.
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors ( if any) all rights and data necessary to fulfill the recipient' sobligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office.
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Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ' s Global Justice Information Sharing Initiative ( Global) guidelines. The recipient ( and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it. ojp. gov/ gsp_rantcondition. The recipient ( and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
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Body -worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body -worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline. 1E138
Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U. S. C. 10202( c)( 1)( A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https:// nij. ojp. gov/ topics/ equipment- andtechnology/ body- armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a " mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
M39
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (" CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA ( see National Rapid DNA Booking Operational Procedures Manual).
I
40 Any Web site that is funded in whole or in part under -this award must include the following statement on the home page, on all major entry pages ( i.e., pages ( exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web - based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U. S.
Department of Justice. Neither the U. S. Department of Justice nor any of its components operate, control; are responsible for, or necessarily endorse, this Web site ( including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled " Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 1E141
Any written, visual,' or audio publications, with the exception of press releases, whether published at the grantee' sor government' sexpense, shall contain the following statements: " This project was supported by Grant No. <AWARD_ NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice' s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U. S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
T142
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information. requiredfor the assessment or evaluation of any activities within this project.
X43
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first -tier subawards (" subgrants") of 30, 000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier " subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 ( FFATA), are posted on the OJP web site at https:// ojp. gov/ funding/ Explore/ FFATA. htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to— ( 1) an award of less than $ 30, 000, or 2) an award made to an individual who received the award as a natural person ( i.e., unrelated to any business or non- profit organization that he or she may own or operate in his or her name).
M44
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/ or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA' s/ OCFO' s grant
monitoring activities may result in sanctions affecting the recipient' s DOJ awards, including, but not limited
to: withholdings and/ or other restrictions on the recipient' s access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award( s).
1E145
Justification of consultant rate
Approval of this award does -not indicate approval of any consultant rate in excess of $ 650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
S46
Use of program income
Program income ( as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
M47
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
M48
The recipient shall submit semiannual performance reports. Performance reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award.
These reports will be submitted to the Office of Justice Programs, on- line through the Internet at https:// justgrants. usdoj. gov
M49
The recipient agrees that it will submit quarterly financial status reports (the SF 425 Federal Financial Report) to OJP in JustGrants, no later than the deadlines set out in the DOJ Financial Guide and the JustGrants guidance ( typically 30 days after the end of each calendar quarter). Delinquent reports may lead to funds being frozen and other remedies.
igiso
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching https:// www. justice. gov/ olp/ page/ file/ 1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA.
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I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U. S. Department of Justice as to Acceptance By checking the declaration and certification box below, 1— A. Declare to the U. S. Department of Justice ( DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted ( including by applicant' slegal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: ( 1) I understand that, in taking ( or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification ( or concealment or omission of a material fact as to either) may be the subject of criminal prosecution ( including under 18 U. S. C. §§ 1001 and/ or 1621, and/ or 34 U. S. C. §§ 10271- 10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U. S. C. §§ 3729-730 and/ or §§ 3801- 3812) or otherwise.
CAgency Approval
Title ofApproving Official Name of Approving Official Signed Date And Time Deputy Assistant Attorney Maureen Henneberg 7/ 25/2 1: 34 PM General
Authorized Representative
Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
Management Analyst
Name of Authorized Entity Official
Jason Huynh
Signed Date And Time
9/ 13/ 2022 8: 55 PM
s
North Orange County Public Safety Task Force
Proposal Narrative
Operational Philosophy
The service planning area of North Orange County, which is made up of eleven cities, proactively draws on its partners and existing resources to work together in violence prevention and intervention. Many of the issues afflicting California' scities effectively defy efforts to address them on a city -by -city basis, taxing the capacities of municipal leadership and local law enforcement while draining resources allocated for other civic programs and goals. Concurrently, the inherently local nature of these issues also defies straightforward, " top -down" solutions at the state or even county level. The solution is a structured, collaborative and highly leveraged approach which aligns and coordinates the efforts of local law enforcement across a contiguous, manageable geography while also enlisting and funding local community - based organizations CBOs) and other community partners with experience and expertise in treating the underlying causes of these complex challenges. Together, the North Orange County Public Safety Task Force —now known as the North Orange County Public Safety Collaborative ( the Collaborative") —operates on a model of unified responsibility that is anchored by three pillars:
centralizing resources, integrating data, and coordinating responses. Accomplishing this model would mean that the Collaborative is tackling the target issues in the most efficient and effective manner possible.
Background
The Collaborative was established in 2017 by California AB 97, which provided for four years of funding towards community policing for the purposes of violence prevention, intervention, and suppression while reducing use of police force incidents. The Collaborative has since expanded from an initial six cities to eleven cities, and there have been calls to replicate our accountability - driven model in other areas across the state. Now in its fifth year of continued funding ( having received an additional $ 7. 8 million in funding from the state in the 2021/2 budget), the Collaborative has achieved incredible success in the focus areas of youth violence prevention & intervention, post -incarceration re- entry services, and homeless outreach efforts by fostering a strong, unprecedented coalition of law enforcement, CBOs, and the broader communities they both serve. Another key component for the Collaborative' ssuccess is the dedication of a portion of the funds towards building the capacity of the funded organizations to engage in better collaboration, planning, management, board development, fund development, and performance evaluation. These capacity -building programs, workshops, trainings, and symposia ensure that participating CBOs have the tools that they need to continue having maximum impact beyond the lifespan of the Collaborative.
Need and Challenges