PLEDGE OF A

ROLL CALL

NOTICE OF REGULAR MEETING OF THE

BOARD OF POLICE COMMISSIONERS OF THE
BROADMOOR POLICE PROTECTION DISTRICT

The regular March 2024 meeting of the

Board of Police Commissioners will be held on

Tuesday, March 12, 2024, at 7:00 p.m.

at the District offices of the

Broadmoor Police Protection District at
388 88th Street
Broadmoor Vlg., California 94015

NO FOOD OR BEVERAGES WILL

BE PERMITTED IN THE MEETING ROOM

NO ANIMALS EXCEPT REGISTERED SERVICE ANIMALS

WILL PERMITTED IN THE MEETING ROOM

RULES OF ORDER AND DECORUM SET FORTH

IN RESOLUTION 2022/23-07 WILL BE ENFORCED
 BROADMOOR COMMISSIONERS
Hon. James Kucharszky
Hon. Ralph Hutchens
Hon. Marie Brizuela

AGENDA

REGULAR MEETING

Meeting to be held:

Tuesday, March 12, 2024, at 7:00 p.m.

Broadmoor Police Department

388-88th Street
Broadmoor, Vlg., California 94015-1717

Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-
related modification or accommodation to participate in this meeting, or who have a disability and wish to
request an alternative format for the agenda, meeting notice, agenda packet or other writings that may be
distributed at the meeting should contact Lisa Hernandez [Administrative Assistant of the Police Department]
at least 2 working days before the meeting at (650) 755-3840 and/or [email protected].
Notification in advance of the meeting will enable the District to make reasonable arrangements to ensure
accessibility to this meeting and the materials related to it. Attendees to this meeting are reminded that other
attendees may be sensitive to various chemical-based products.

NO FOOD OR BEVERAGES WILL

BE PERMITTED IN THE MEETING ROOM

NO ANIMALS EXCEPT REGISTERED SERVICE ANIMALS

WILL PERMITTED IN THE MEETING ROOM

RULES OF ORDER AND DECORUM SET FORTH

IN RESOLUTION 2022/23-07 WILL BE ENFORCED

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

3. PUBLIC COMMENTS

This time is provided for people to address the Commission or submit written communications on matters not
on the Agenda. Anyone wishing to present oral comments on matters not on the agenda must approach the
podium, state his or her name, and will have up to three minutes to present his or her oral comments. At the
conclusion of all public comments on matters not on the Agenda, the Commission may respond to the public
comments. Any request that requires Commission action will be set by the Commission for a future agenda or
referred to staff.
4. CONSENT AGENDA

PREVIOUS MINUTES

(a) Approval of minutes from regular meeting on February 13, 2024.

TREASURER’S REPORT

(b) Approval of March 2024 Warrants and Deposits.

5. CHIEF OF POLICE REPORT

Chief Connolly will deliver his report.

6. CLOSED SESSION

(a) Personnel matter. Performance evaluation of Interim Chief of Police / Interim District Manager
Michael P. Connolly. (Government Code §§54954.5(e) and 54975(b)) Continued from
February 13, 2024.

(b) Personnel matter. Discussion and action on renewing the employment contract of Interim
Chief of Police / District Manager Michael P. Connolly. (Government Code §§54954.5(e) and
54975(b)) Continued from February 13, 2024.

(c) Pending / Threatened Litigation. Four cases - Former employees Bandino, Johnson, Melville
and Nakiso. (Government Code §54954.5(c))

7. OPEN SESSION

(a) Report on all reportable action taken in Closed Session.

(b) Discussion and public comment on proposal of Stephen Daughters of BPM Accountancy to
prepare FY 2024/25 District Budget, a five year financial strategic plan and the basis for a
ballot measure in November 2024 to adopt a special parcel tax. No action will be taken on
this item at this time.

(c) Further public discussion on formulating a records retention and purging policy. (Government
Code §60200, et seq.) No action will be taken on this item at this time.

8. ADJOURNMENT

Motion to adjourn.

POSTED AT: WWW.BROADMOORPOLICE.COM

BROADMOOR POLICE DEPARTMENT
COLMA FIRE DEPARTMENT
BROADMOOR COMMUNITY CENTER

MEMBERS OF THE PUBLIC ARE WELCOME TO ATTEND

 March 6, 2024

Michael P. Connolly, MS
Chief of Police
Broadmoor Police Department
388 Eighty-Eight Street
Broadmoor, CA 94015
[email protected]

Paul M. Davis, Esq.

1 Blackfield Dr., Suite 193
Tiburon, CA 94920-2053
[email protected]

VIA EMAIL

Re: Consulting Engagement

Dear Chief Connolly:

Thank you for allowing BPM, LLP (“BPM”) to provide the Broadmoor Police Department (“Department” or “Client”)
with this engagement letter for consulting services. We appreciate the opportunity to be of service to the
Department. We believe this letter accurately summarizes the significant terms of our engagement. BPM requires
written agreements with all our clients and this letter shall serve as our agreement.

The general nature of our services will include advisory services regarding the fiscal year budget for 2024/2025, in
addition to forecasting revenues and expenses for the next five (5) fiscal years. Based on our conversations, we
expect our work will conclude with an effort to estimate the required per parcel amount for the upcoming November
2024 ballot measure to provide the necessary financial support for the Department’s effort to achieve fiscal stability
for the next five years.

Steve Daughters, CPA, MBA, will oversee this engagement. Mr. Daughters’ discounted hourly rate is $650. BPM’s
policy is to use the lowest cost professionals available, while still insuring outstanding quality. As a result, you can
expect different BPM staff members to contribute to this engagement as appropriate. You will find our 2024 rate
schedule attached as Exhibit B. Professional services are charged based on our professionals’ hourly rate times
the number of hours worked (calculated to the nearest .1 hour).

We will require a retainer of $25,000 to commence work. The retainer is held and applied to the final invoice at the
conclusion of the engagement. Any unused portion of the retainer after application to the final invoice is fully
refundable. BPM has a monthly billing cycle. BPM invoices are due and payable upon presentation.

COMMENCEMENT OF WORK

This engagement letter, including the terms and conditions in Exhibit A and any other attachments, reflects the
entire agreement between us relating to the services covered by this letter. It replaces and supersedes any previous
proposals, correspondence, and understandings, whether written or oral. The agreements contained in this
engagement letter shall survive the completion or the termination of this engagement. In the event the Client files
for bankruptcy protection, to the extent any portion of this agreement conflicts with or is superseded by the
Bankruptcy Code, it shall not apply.

bpm.com
Broadmoor Police Department
March 6, 2024
Page 2 of 9

If you agree with the terms of our engagement as described in this letter, please sign, date, and return the executed
copy. By signing this letter, you agree that our communications with your Counsel is permitted and will discharge
any client communication responsibilities.

Very truly yours,

BPM LLP

The terms set forth above and on the attached are agreed to and acknowledged on behalf of the Client and Counsel.

_____________________________________ _____________________
By: Michael P. Connelly, Chief of Police Date

_____________________________________ _____________________
By: Paul M. Davis, Esq. Date
Broadmoor Police Department
March 6, 2024
Page 3 of 9

Exhibit A: Consulting Engagement Letter Terms & Conditions

Agreement
These Terms and Conditions, together with the engagement letter (“Engagement Letter”) to which these Terms and
Conditions are attached, including any exhibits and appendixes thereto, constitute the entire agreement between
the parties pertaining to the Services (this “Agreement”). Hence, references to this Agreement mean the
Engagement Letter with all attachments thereto including these Terms and Conditions.

All capitalized terms used in these Terms and Conditions and not otherwise defined herein shall have the meanings
given them in the Engagement Letter. In the event of a conflict among the provisions of the Engagement Letter and
these Terms and Conditions, the Engagement Letter shall be given controlling effect. BPM may be referred to herein
as “we”, “our” or “us” or in a similar manner, and Client may be referred to as “you” or “your” or in a similar manner,
and such references shall be read in context.

Commencement and Term

This Agreement is effective upon execution of the Engagement Letter by both parties and shall remain in full force
and effect until the earlier of (i) completion of the Services (as reasonably determined by BPM) to be delivered
under this Agreement, (ii) termination of this engagement by either party as provided in the Agreement.

Payment of Fees
Our billings are due and payable upon receipt and will be considered past due after 30 days. We will assess a
finance charge on any balances that are more than 45 days past due at the rate of 12% per annum (1% per month).
If the Client fails to meet any payment obligation under this engagement, we may immediately suspend performance
of the Services to be performed or terminate this engagement. If we elect to suspend performance due to
nonpayment, the Services will not be resumed until your account is paid as agreed, including any retainer that we
may require to continue the Services under this arrangement. Alternatively, if we elect to terminate the engagement
due to nonpayment, you will be obligated to compensate us for all time and expenses incurred through the date of
such termination.

Our rates are subject to change each November 1 of the calendar year.

Waiver of any Actual or Perceived Conflict of Interest

BPM receives the preponderance of its business through referrals from financial institutions, private equity
sponsors, venture capital firms, attorneys, and other professionals. The firm has no exclusive relationships with any
referral source. The firm does not receive any referral fees nor pay any referral fees from/to any referral source.

By execution of this Agreement, the Company specifically waives any actual or perceived conflict of interest with
respect to this engagement.

Records Retention
It is our policy to keep records related to this engagement for seven years. However, we do not keep any original
client documents, so we will return those to you upon completion of the Services rendered under this engagement.
When records are returned to you, it is your responsibility to retain and protect your records for possible future use,
including potential examination by any governmental or regulatory agencies. By your signature on this letter, you
acknowledge and agree that upon the expiration of the seven-year period, we shall be free to destroy our records
related to this engagement without further notification.

Company management is responsible for maintaining all records under a retention policy that meets Federal and
state guidelines. We do not keep any original Company documents, so we will return those to you upon completion
of the services rendered under this engagement, if any. When records are returned to you, it is your responsibility
to retain and protect your records for possible future use, including potential examination by any governmental or
regulatory agencies. Our copies of your records and documents are not a substitute for your own records and do
not mitigate your record retention obligations under any applicable laws or regulations.
Broadmoor Police Department
March 6, 2024
Page 4 of 9

Workpapers and other documents created by us are our property and will remain in our control. Copies are not to
be distributed without your written request and our written consent. Our workpapers will be maintained by us in
accordance with our firm’s record retention policy and any applicable legal and regulatory requirements.
Limitations on Oral and Email Communications

We may discuss with you our views regarding the treatment of certain items or decisions you may encounter. We
may also provide you with information in an email. Any advice or information delivered orally or in an email (rather
than through a memorandum delivered as an email attachment) will be based upon limited research and a limited
discussion and analysis of the underlying facts. Additional research or a more complete review of the facts may
affect our analysis and conclusions.

Due to these limitations and the related risks, it may or may not be appropriate for you to proceed with a decision
solely based on any oral or email communication from us. You accept all responsibility, except to the extent caused
by our gross negligence or willful misconduct, for any liability, including but not limited to additional tax, penalties or
interest resulting from your decision (i) not to have us perform the research and analysis necessary to reach a more
definitive conclusion and (ii) to instead rely on an oral or email communication. The limitation in this paragraph will
not apply to an item of written advice that is a deliverable of a separate engagement. If you wish to engage us to
provide formal advice on a matter on which we have communicated orally or by email, we will confirm this service
in a separate agreement.

Electronic Data Communication and Storage

In the interest of facilitating our services to you, we may send data over the Internet, temporarily store electronic
data via computer software applications hosted remotely on the Internet or utilize cloud-based storage. Your
confidential electronic data may be transmitted or stored using these methods. In using these data communication
and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts
to keep such communications and electronic data secure in accordance with our obligations under applicable laws,
regulations, and professional standards. You recognize and accept that we have no control over the unauthorized
interception or breach of any communications or electronic data once it has been transmitted or if it has been subject
to unauthorized access while stored, notwithstanding all reasonable security measures employed by us. You
consent to our use of these electronic devices and applications during this engagement and such use will not
constitute a breach of any confidentiality obligation.

Intellectual Property Rights

Client acknowledges that BPM owns all intellectual property rights, title, and interest to all materials and information
produced or developed by BPM throughout the duration of this engagement, excluding any pre-existing ownership
right of Client and without implying any ownership interest in any Client materials, data or other information, all of
which shall remain the property of Client. Upon completion of and full payment for the services contemplated by the
Engagement Letter, BPM grants to Client a perpetual paid-up license to use or modify, for internal purposes only,
any deliverable produced by BPM and delivered to Client, provided that any use or modification of such deliverable,
other than for the stated purposes in the Engagement Letter, is not authorized.

In addition, Client shall not alter or remove any of BPM’s trademarks, copyright registration marks, patent, or other
intellectual property notices applicable to any of BPM’s goods, marketing material, or advertising media and shall
not in any way alter any of BPM’s products. Client shall promptly notify BPM in writing of any infringement of BPM’s
intellectual property by third parties of which Client becomes aware. Neither party shall acquire any right, title, or
interest in or to the other party’s code, data, business processes, or other information to which such party may have
access during the term of the engagement hereunder. All such code, data, business process, and other information
shall be solely and exclusively the property of the originating party.
Broadmoor Police Department
March 6, 2024
Page 5 of 9

Confidentiality
As your professional advisor, we collect information provided by you as well as information that we develop as part
of the engagement. We are required to keep all information about our engagement confidential; so, we will not
disclose any information about you unless we have your approval (such as your approval in the Engagement Letter
of our disclosure of certain tax return information to assist with the preparation of tax returns) or are
required/permitted by law. We are committed to safekeeping your confidential information and we maintain physical,
electronic, and procedural safeguards to protect your information. This applies even if you are no longer a client.

Subject to prior consent, BPM may elect to use the Client’s name and/or logos in proposals or customer lists that
we distribute to potential clients for marketing purposes. Unless you request otherwise, this communication confirms
our understanding regarding such use. In addition, your email address will be added to relevant marketing mailing
lists to receive emails regarding free resources, events, and trends in your industry. Should you find the information
provided irrelevant, you will have the opportunity to unsubscribe at any time.

If we are asked to disclose any privileged communication, unless we are required to disclose the communication
by law, we will not provide such disclosure until you have had an opportunity to argue that the communication is
privileged. You agree to pay all reasonable expenses that we incur, including legal fees, that are a result of attempts
to protect any communication as privileged. In addition, your confidentiality privilege can be inadvertently waived if
you discuss the contents of any privileged communication with a third party, such as a lending institution, a friend,
or a business associate.

Working Papers Access Requests by Regulators and Others

State, federal and foreign regulators may request access to or copies of certain workpapers pursuant to applicable
legal or regulatory requirements. Requests also may arise with respect to peer review, an ethics investigation, or
the sale of our accounting practice. If requested, access to such workpapers will be provided under the supervision
of firm personnel. Regulators may request copies of selected workpapers to distribute the copies or information
contained therein to others, including other governmental agencies.

If we receive a request for copies of selected workpapers, if we are not prohibited from doing so by applicable laws
or regulations, we agree to inform you of such request as soon as practicable. You may, within the time permitted
for our firm to respond to any request, initiate such legal action as you deem appropriate, at your sole expense, to
attempt to limit the disclosure of information. If you take no action within the time permitted for us to respond, or if
your action does not result in a judicial order protecting us from supplying requested information, we may construe
your inaction or failure as consent to comply with the request. If we are not a party to the proceeding in which the
information is sought, you agree to reimburse us for our professional time and expenses, as well as the fees and
expenses of our legal counsel, incurred in responding to such requests.

Summons or Subpoenas
If we receive a summons or subpoena which our legal counsel determines requires us to produce documents from
this engagement or testify about this engagement, if we are not prohibited from doing so by applicable laws or
regulations, we agree to inform you of such summons or subpoena as soon as practicable. You may, within the
time permitted for our firm to respond to any request, initiate such legal action as you deem appropriate, at your
sole expense, to attempt to limit discovery. If you take no action within the time permitted for us to respond, or if
your action does not result in a judicial order protecting us from supplying requested information, we may construe
your inaction or failure as consent to comply with the request. If we are not a party to the proceeding in which the
information is sought, you agree to reimburse us for our professional time and expenses, as well as the fees and
expenses of our legal counsel, incurred in responding to such requests.

Dispute Resolution
If any dispute arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by
mediation before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.
It is understood that any mediation or arbitration shall be held in San Francisco, California. The parties agree that
Broadmoor Police Department
March 6, 2024
Page 6 of 9

any litigation concerning this Agreement must be submitted to the State or Federal Courts in San Francisco,
California. We also agree that the law of the state of California, excepting its rules as to conflicts of law, shall govern
all such disputes.

Notwithstanding the foregoing, we both agree that any dispute solely over fees charged will be submitted for
resolution by confidential arbitration to Judicial Arbitration and Mediation Service (“JAMS”) in San Francisco,
California in accordance with the Code of Civil Procedure Sections 1280 to 1294.2. In agreeing to arbitration, we
both acknowledge that in the event of a dispute over fees charged by BPM, each of us is giving up the right to have
the dispute decided in a court of law before a judge or jury and instead we are accepting the use of arbitration for
resolution.

Limitation of Liability
To the fullest extent of the law, BPM’s liability for all claims, damages and costs of the Client arising from this
engagement is limited to the total amount of fees paid by the Client to BPM for services rendered under this
agreement. Notwithstanding anything to the contrary in this agreement BPM shall not be liable for any lost profits,
indirect, special, incidental, punitive, or consequential damages of any nature even if we have been advised by you
of the possibility of such damages.

Limitation on Actions
No action, regardless of form, whether arbitration or litigation, relating to the Services performed under this
Agreement, may be brought by either party more than one year after the cause of action has accrued under
applicable law, except that an action for non-payment of BPM invoices may be brought at any time.

Indemnification
You agree to indemnify, defend, and hold harmless us and any of our partners, principals, shareholders, officers,
directors, members, employees, agents or assigns with respect to all claims made by third parties arising from this
engagement, regardless of the nature of the claim, and including the negligence of any party, excepting claims
arising from our gross negligence or intentionally wrongful acts.

Conflicts of Interest
If we, in our sole discretion, believe a conflict has arisen affecting our ability to deliver services to you in accordance
with either the ethical standards of our firm or the ethical standards of our profession, we may be required to suspend
or terminate our services without issuing our work product. Any work already completed on the engagement at the
time of termination will be billed based on our hourly rates in effect at the time services are rendered and you are
responsible for paying these fees. Any other fees reflected in the Engagement Letter will be nullified upon
termination of the engagement.

Force Majeure
Neither party shall be held liable for any delays resulting from circumstances or causes beyond their reasonable
control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence,
epidemics or pandemics as defined by The Centers for Disease Control and Prevention, or any law, order or
requirement of any governmental agency or authority. However, no Force Majeure event shall excuse you of any
obligation to pay any outstanding invoice or fee or from any indemnification obligation under this Agreement.

Independent Contractor
When providing services to you, we will be functioning as an independent contractor and in no event will we or any
of our employees be an officer of you, nor will our relationship be that of joint venturers, partners, employer and
employee, principal and agent, or any similar relationship giving rise to a fiduciary duty to you.

Our obligations under this Agreement are solely obligations of BPM LLP, and no partner, principal, employee or
agent of BPM LLP shall be subjected to any personal liability whatsoever to you or any person or entity.
Broadmoor Police Department
March 6, 2024
Page 7 of 9

Disclaimer of Legal and Investment Advice

Our services under this Agreement do not constitute legal or investment advice unless you have specifically
engaged us to provide investment advice in writing in the Engagement Letter portion of this Agreement. We
recommend that you retain legal counsel and investment advisors to provide such advice.

Third Party Service Providers or Subcontractors

In the interest of enhancing our availability to meet your professional service needs while maintaining service quality
and timeliness, we may use a third-party service provider to assist us. This may include provision of your confidential
information to the third-party service provider. We require our third-party service providers to have established
procedures and controls designed to protect client confidentiality and maintain data security. As the paid provider
of professional services, BPM remains responsible for exercising reasonable care in providing such services, and
our work product will be subjected to our firm’s customary quality control procedures.

By accepting the terms and conditions of our engagement, you are providing your consent and authorization to
disclose your confidential information to a third-party service provider, if such disclosure is necessary to deliver
professional services or provide support services to our firm.

Hiring of Personnel
Client acknowledges that the value of the services provided by BPM results from the experience and knowledge of
its employees and/or agents. Client agrees not to solicit, recruit, contract or otherwise engage the services of BPM’s
employees engaged in providing services under this engagement, in any capacity, either during the term of this
agreement or for a period of one (1) year following the termination of this agreement. BPM agrees not to solicit,
recruit or hire any present employees of the Client without their prior approval. Nothing in this paragraph shall
prevent employment resulting from such personnel’s response to general solicitations or advertisements.

Referrals
While providing services to you, you may request referrals to attorneys, brokers, investment advisors or other
professionals. We may identify a professional or professionals for your consideration. However, you are responsible
for evaluating, selecting, and retaining any professional and determining if the professional can meet your needs.
You agree that we will not oversee the activities of and have no responsibility for the work product of any
professional to whom we refer you or that you separately retain. Further, we are not responsible for any services
we perform that fail to meet the intended outcomes because of relying on work completed by other professionals
you may retain.

Electronic Signatures and Counterparts

Each party hereto agrees that any electronic signature is intended to authenticate a written signature, shall be valid,
and shall have the same force and effect as a manual signature. For purposes hereof, “electronic signature”
includes, but is not limited to, a scanned copy of a manual signature, an electronic copy of a manual signature
affixed to a document, a signature incorporated into a document utilizing touchscreen capabilities, or a digital
signature. This agreement may be executed in one or more counterparts, each of which shall be considered an
original instrument, but all of which shall be considered one and the same agreement.

Termination and Withdrawal

We reserve the right to withdraw from the engagement without completing services for any reason, including, but
not limited to, non-payment of fees, your failure to comply with the terms of this Agreement, or as we determine
professional standards require. If our work is suspended or terminated, you agree that we will not be responsible
for your failure to meet governmental and other deadlines, or for any liability, including but not limited to, penalties
or interest that may be assessed against you resulting from your failure to meet such deadlines.

If this Agreement is terminated before services are completed, you agree to compensate us for the services
performed and expenses incurred through the effective date of termination.
Broadmoor Police Department
March 6, 2024
Page 8 of 9

Assignment
All parties acknowledge and agree that the terms and conditions of this Agreement shall be binding upon and inure
to the parties’ successors and assigns, subject to applicable laws and regulations.

Severability
If any portion of this Agreement is deemed invalid or unenforceable, said finding shall not operate to invalidate the
remainder of the terms set forth in this Agreement.

Entire Agreement
This Agreement encompasses the entire agreement of the parties and supersedes all previous understandings and
agreements between the parties, whether oral or written, including without limitation any non-disclosure or
confidentiality agreement between the parties dated prior to the date of the Engagement Letter. Any modification to
the terms of this Agreement must be made in writing and signed by both parties. This Agreement has been entered
into solely between you and BPM LLP, and no third-party beneficiaries are created hereby.
Broadmoor Police Department
March 6, 2024
Page 9 of 9

Exhibit B: 2024 Rates re Forensics & Litigation Support

New Rate as Discounted

Employee Level of 11.01.2023 Project Rates

Partner $950.00 $760.00

Managing Director $800.00 $650.00
Of Counsel $800.00 $650.00
Director $560.00 $450.00
Senior Manager $535.00 $425.00
Manager $475.00 $380.00
Supervisor $410.00 $325.00
Senior $355.00 $280.00
Associate II $300.00 $240.00
Associate I $245.00 $195.00
Intern – Staff $150.00 $150.00