City Council Chambers
3300 Capitol Avenue
Fremont, CA
Fremont City Council
Lily Mei, Mayor
Teresa Cox, Vice Mayor
Teresa Keng, District 1
Desrie Campbell, District 2
Jenny Kassan, District 3
Yang Shao, District 4
Raj Salwan, District 5
City Staff
Karena Shackelford, City Manager
Rafael Alvarado, Jr., City Attorney
Christina Briggs, Assistant City Manager
Brian Stott, Assistant City Manager
Allen DeMers, Deputy City Manager
Geneva Bosques, Communications and
Legislative Affairs Director
Zoraida Diaz, Fire Chief
Tina Gallegos, Human Resources Director
Susan Gauthier, City Clerk
Hans Larsen, Public Works Director
Donovan Lazaro, Economic Development Director
David Persselin, Finance Director
Dan Schoenholz, Community Dev. Director
Suzanne Shenfil, Human Services Director
Sanford Taylor, Information Technology Director
Sean Washington, Chief of Police
Suzanne Wolf, Community Services Director
Fremont City Council Agenda and
Report
November 07, 2023
General Order of Business
1. Preliminary
• Call to Order
• Salute to the Flag
• Roll Call
• Announcements-Mayor and/or City Manager
• Report Out of Closed Session (if applicable)
2. Consent Calendar
3. Ceremonial Items
4. Public Communications
5. Scheduled Items
• Public Hearings
• Appeals
• Reports from Commissions, Boards and
Committees
6. Other Business
7. Items Referred by Councilmembers
• Council Referrals
• Appointments to Boards, Commissions,
Committees
• Legislative Actions
• Report on Committee Assignments
8. Adjournment
Order of Discussion
Generally, the order of discussion after introduction of an item by the Mayor will include comments and
information by staff followed by City Council questions and inquiries. The applicant, or their authorized
representative, or interested citizens, may they speak
on the item; each speaker may only speak once to each
item. At the close of public discussion, the item will be considered by the City Council and action taken. Items
on the agenda may be moved from the order listed.
Consent Calendar
Items on the Consent Calendar are considered to be
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
citizen so requests, in which case the item will be
removed from the Consent Calendar and considered
separately. Additionally, other items without a “Request to Speak – Speaker Card” card in opposition may be
added to the consent calendar. The City Attorney will
read the title of ordinances to be adopted.
Spoken Public Communications and/or
Public Comment is limited to speakers
attending the meeting in-person in
City Council Chambers.
Agenda and Report - Fremont City Council Meeting - November 07, 2023
November 7, 2023 Fremont City Council Agenda Page 2
IMPORTANT NOTICE REGARDING THE CITY COUNCIL MEETING.
The live stream of the meeting may be viewed on the City of Fremont’s website at www.Fremont.gov/Channel27, which provides a link to the live stream; or, via Comcast Channel 27.
Please note at this time, Channel 27 is only available to Comcast cable subscribers. The public may also view the meeting via Zoom, or attend in-person in the Council Chamber. The lobby doors open approximately 15 minutes prior to the start of the meeting. The public is strongly encouraged but not required to wear masks.
Attending November 7, 2023 Council meeting online via Zoom https://us06web.zoom.us/j/83003259768 Webinar ID: 830 0325 9768.
Addressing the Council
Spoken Public Communications / Public Comment is limited to persons attending the Council Meeting in the City Council Chambers.
How to submit Public Communications / Public Comment by email prior to the meeting:
Send an email to [email protected] by 4:00 p.m. the day of the meeting. Please identify the agenda item number & letter, and meeting date in the subject line of your email or specify that it is not related to an agenda item. Emails will be compiled into files by agenda item number/letter, distributed to the City Council and staff, and published in the City's Agenda Center on www.fremont.gov. If you wish to share an attachment/exhibit, submit the pdf formatted document(s) to the email above by the noted deadline.
Electronic comments on agenda items for the City Council meeting may only be submitted by email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.
How to provide Spoken Public Comment during the meeting for items on the agenda:
Attend meeting in-person in the Council Chamber, fill out a “Request to Speak – Speaker Card” with the agenda item number & letter, and submit to the City Clerk. When the Mayor calls for the item on which you wish to speak, step to the podium to address the City Council. Please limit your remarks on matters related to the agency and to the time limit allotted.
How to provide Spoken Public Comment during the meeting for items not on the agenda (Oral Communications):
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under the Oral Communications section of Public Communications. Attend the meeting in-person in the Council Chamber and submit your speaker card to the City Clerk prior to the commencement of Oral communications. Only those who have submitted cards prior to the beginning of Oral Communications will be permitted to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor may limit the time allotted for public speakers, and each speaker may only address the Council once on each agenda item.
The City Council Agendas may be accessed online: https://www.fremont.gov/government/agenda-center
Availability of Public Records
All disclosable public records relating to an open session item on this agenda that are distributed by the City to all or a majority of the City Council less than 72 hours prior to the meeting will be available for public inspection in specifically labeled binders located in the lobby of Fremont City Hall, 3300 Capitol Avenue during normal business hours, at the time the records are distributed to the City Council.
Information about the City or items scheduled on the Agenda and Report may be referred to:
Address: City Clerk
City of Fremont
3300 Capitol Avenue, Bldg. A
Fremont, California 94538
Telephone: (510) 284-4060
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act, or if you do not have access to email or the internet, please contact the City Clerk’s Office at (510) 284-4060 or [email protected] at least two working days prior to the meeting for assistance.
Your interest in the conduct of our City’s business is appreciated.
November 7, 2023 Fremont City Council Agenda Page 3
Agenda
Fremont City Council Regular Meeting
November 07, 2023
City Council Chambers, 3300 Capitol Avenue, Building A
7:00 PM
1. Preliminary
A. Call to Order
B. Salute the Flag
C. Roll Call
D. Announcements-Mayor and/or City Manager
E. Report Out of Closed Session (if applicable)
2. Consent Calendar
Items on the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. Additionally, other items without a “Request to Address Council” card in opposition may be added to the consent calendar. The City Attorney will read the title of ordinances to be adopted.
A. Motion To: Waive Further Reading of Proposed Ordinances (This permits reading the title only in lieu of reciting the entire text.) B. Approval of Minutes - None.
C. ACCEPTANCE OF BSCC ORT GRANT - Adopt a Resolution Accepting the California Board of State and Community Corrections (BSCC) Organized Retail Theft (ORT) Grant and Authorizing the City Manager or Designee to Execute the Grant Agreement and Take Any Necessary Implementing Actions
Contact Persons:
Name: Johanna Canaday Sean Washington
Title: Manager - Criminal
Intelligence & Analysis
Police Chief
Dept: Police Department Police Department
Phone: 510-790-6976 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or her designee, to accept the Board of State and Community Corrections Organized Retail Theft Prevention grant in the amount of $2,453,958, recognize the revenue in the Miscellaneous Operating Grants Fund, appropriate the funds to the Police Department, and execute the Grant Agreement and take any and all necessary implementing actions required by the BSCC.
November 7, 2023 Fremont City Council Agenda Page 4
D. SOCIAL SERVICE AGREEMENTS FOR OLDER ADULTS - Authorization to Enter into an Agreement with Alameda County Social Services to Provide Services to Older Adults and Making Findings of CEQA Exemption Contact Persons:
Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services
Administrator
Director
Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]
RECOMMENDATIONS:
1. Authorize the City Manager, or her designee, to execute four contracts with the Alameda County Social Services Agency totaling $1,393,500 for the period of three fiscal years: July 1, 2023 through June 30, 2026, including:
a. A contract not to exceed $136,000 to provide Age Well Center activities, b. A contract not to exceed $473,000 to provide Family Caregiver Support, c. A contract not to exceed $460,000 to provide Information and Assistance, and
d. A contract not to exceed $324,000 to provide senior Case Management; and
2. Appropriate an additional $229,593 for FY 2023/24 including $198,911 to fund 173 and $30,682 to fund 106.
E. STREET SIGN INVENTORY - Approval of a Service Agreement with Mandli Communications, Inc. for a Street Sign Inventory and Condition Assessment in an Amount Not-to-Exceed $481,250.
Contact Persons:
Name: Monica Mathiesen Hans Larsen
Title: Management Analyst II Public Works Director
Dept: Public Works Public Works
Phone: 510-979-5702 510-494-4722
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or designee to execute a Service Agreement with Mandli Communications, Inc. for a Street Sign Inventory and Condition Assessment in an amount not to exceed $481,250.
F. APPROVE AND AUTHORIZE CITY MANAGER TO PURCHASE A TYPE 3 FIRE ENGINE - Approve and Authorize City Manager to Execute a Purchase Order Using the Houston-Galveston Area Council (HGACBuy) Cooperative Purchasing Program for One Wildland Fire Apparatus in an Amount Not To Exceed $599,945.29.
Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or designee to issue a purchase order to Golden State Fire Apparatus for a BME Type 3 Wildland Engine in an amount not to exceed $599,945.29 using the HGACBuy cooperative purchase program.
November 7, 2023 Fremont City Council Agenda Page 5
G. SPECTRUM CANINE, LLC AGREEMENT – Authorize the City Manager or her designee to enter into a Service Agreement with Ricardo Rivera, dba Spectrum Canine, LLC, for Police Canine Team Training
Contact Persons:
Name: Jared Morrison Sean Washington
Title: Special Operations Division
Lieutenant
Police Chief
Dept: Police Department Police Department
Phone: (510) 790-6906 510-790-6969
E-Mail: [email protected] [email protected]
RECOMMENDATION: Authorize the City Manager or her designee to execute a service agreement with Ricardo Rivera, dba Spectrum Canine, LLC, in an annual not-to-exceed amount of $80,000 through June 30, 2026, for a total of $240,000.
3. Ceremonial Items
A. Certificate of Recognition: Immigration Institute of the Bay Area, Celebrating Ten Years of Service in Fremont and Southern Alameda County
B. Proclamation: Diwali Festival of Lights
C. Presentation to Chief of Police Sean Washington by POST Law Enforcement Consultant Gary Clark
D. Proclamation: Native American Heritage Month
4. Public Communications
A. Oral and Written Communications
INDUSTRIAL DEVELOPMENT AUTHORITY - None.
PUBLIC FINANCING AUTHORITY - None.
CONSIDERATION OF ITEMS REMOVED FROM CONSENT
CALENDAR
5. Scheduled Items - None.
November 7, 2023 Fremont City Council Agenda Page 6
6. Other Business
A. FISCAL YEAR 2022/23 YEAR-END REPORT - Informational Report and Presentation of Year-End Results for FY 2022/23
Contact Persons:
Name: David Persselin
Title: Finance Director
Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
RECOMMENDATION: Accept the report and presentation.
7. Items Referred by Councilmembers
A. Councilmember Referrals - None.
B. Appointments to Boards, Commissions, Committees - None.
C. Legislative Actions - None.
D. Report on Committee Assignments
8. Adjournment
November 7, 2023 Fremont City Council Agenda Page 7
ACRONYMS
ABAG Association of Bay Area Governments GIS Geographic Information System ACE Altamont Commuter Express GPA General Plan Amendment ACFCD Alameda County Flood Control District HARB Historical Architectural Review Board ACTC Alameda County Transportation
Commission
HBA Home Builders Association
HRC Human Relations Commission
ACWD Alameda County Water District ICMA International City/County Management Association ARB Art Review Board
BAAQMD
BART
Bay Area Air Quality Management
District
Bay Area Rapid Transit District
JPA Joint Powers Authority
LLMD Lighting and Landscaping Maintenance
District
BCDC Bay Conservation & Development
Commission
LOCC League of California Cities
LOS Level of Service
BMPs Best Management Practices MOU Memorandum of Understanding BMR Below Market Rate MTC Metropolitan Transportation
Commission
CALPERS California Public Employees’ Retirement
System
NEPA
NLC
National Environmental Policy Act
National League of Cities
CBC
CDD
California Building Code
Community Development Department
NPDES National Pollutant Discharge Elimination
System
CC & R’s Covenants, Conditions & Restrictions NPO Neighborhood Preservation Ordinance CDBG Community Development Block Grant PC Planning Commission CEQA California Environmental Quality Act PD Planned District CERT Community Emergency Response Team PDA Priority Development Area CIP Capital Improvement Program PUC Public Utilities Commission CNG Compressed Natural Gas PVAW Private Vehicle Accessway COF City of Fremont PWC Public Works Contract
COPPS Community Oriented Policing and Public
Safety
RFP Request for Proposals
RFQ Request for Qualifications
CSAC California State Association of Counties RHNA Regional Housing Needs Allocation CTC California Transportation Commission ROP Regional Occupational Program dB Decibel RRIDRO Residential Rent Increase Dispute
Resolution Ordinance DEIR Draft Environmental Impact Report DU/AC Dwelling Units per Acre RWQCB Regional Water Quality Control Board EBRPD East Bay Regional Park District SACNET
Southern Alameda County Narcotics
Enforcement Task Force EDAC Economic Development Advisory Commission (City)
EIR
EIS
Environmental Impact Report (CEQA)
Environmental Impact Statement
STIP State Transportation Improvement
Program
ERAF
(NEPA)
Education Revenue Augmentation Fund
TCRDF Tri-Cities Recycling and Disposal Facility
TOD Transit Oriented Development
EVAW
FAR
Emergency Vehicle Accessway
Floor Area Ratio
TS/MRF Transfer Station/Materials Recovery
Facility
FEMA Federal Emergency Management Agency UBC See CBC
FFD Fremont Fire Department VTA Santa Clara Valley Transportation Authority
FMC Fremont Municipal Code WMA Waste Management Authority FPD Fremont Police Department
FRC Family Resource Center ZA Zoning Administrator
FUSD Fremont Unified School District ZTA Zoning Text Amendment
November 7, 2023 Fremont City Council Agenda Page 8
UPCOMING MEETING AND CHANNEL 27
BROADCAST SCHEDULE
Date Time Meeting Type Location
Cable
Channel
27 November 7, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 14, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 21, 2023 7:00 p.m. City Council Meeting Council Chambers Live
November 28, 2023 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
December 5, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 12, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 19, 2023 7:00 p.m. City Council Meeting Council Chambers Live
December 26, 2023 CANCELLED: CC/FUSD
Liaison Committee Meeting
January 2, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 9, 2024 7:00 p.m. City Council Meeting Council
Chambers Live
January 16, 2024 7:00 p.m. City Council Meeting Council Chambers Live
January 23, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting FUSD Hosts Live
January 30, 2024 No City Council Meeting (5th
Tuesday)
February 6, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 13, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 20, 2024 7:00 p.m. City Council Meeting Council Chambers Live
February 27, 2024 5:30 p.m. CC/FUSD Liaison Committee
Meeting City Hosts Live
Fremont City Council Meeting: 11/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Grants
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5009) DOC ID: 5009
Updated: 11/2/2023 5:34 PM by Susan Gauthier Page 1
ACCEPTANCE OF BSCC ORT GRANT - Adopt a Resolution Accepting the California Board of State and Community Corrections (BSCC) Organized Retail Theft (ORT) Grant and Authorizing the City Manager or Designee to Execute the Grant Agreement and Take Any Necessary Implementing Actions Contact Persons:
Name: Johanna Canaday Sean Washington
Title: Manager - Criminal Intelligence &
Analysis
Police Chief
Div/Dept: Police Department Police Department
Phone: 510-790-6976 510-790-6969
E-Mail: [email protected] [email protected]
Executive Summary: The California Board of State and Community Corrections (BSCC) has awarded the Fremont Police Department $2,453,958 to establish a Real Time Information Center (RTIC) under the Organized Retail Theft (ORT) Prevention Grant Program. Staff recommends that the City Council adopt a resolution to accept and appropriate the grant funds and to authorize the City Manager or designee to execute the Grant Agreement and take any necessary implementing actions.
BACKGROUND: The State Budget Act of 2022 (Senate Bill 154, Chapter 43, Statutes of 2022) established the Organized Retail Theft Prevention Grant Program. Funding in the amount of $242,250,000 is available to California city police, sheriff, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle theft, motor vehicle accessory theft, or cargo theft.
Fremont Police Department submitted a grant proposal in July 2023 for approximately $2.5 million dollars and was one of 27 agencies granted an award in the medium-scope funding category. The grant reporting period runs from October 1, 2023, to December 31, 2026.
DISCUSSION/ANALYSIS: The expansion of technology and data-driven crime strategies will improve the Fremont Police Department’s efficiency and effectiveness in mitigating ORT - related crime trends. The confluence of Fremont’s significant business and housing growth, Police staffing dynamics, and increases in ORT-related crime, the Fremont Police Department anticipates needing additional resources to address this issue. The RTIC will increase support to officers, provide investigative assistance, and expand analytical and technological capacity throughout the department.
The grant application articulated the requests listed below to fulfill the Police Chief’s pledge to stand up a Real Time Information Center to mitigate ORT-related crime. The following requested items were awarded funding:
• Salaries and benefits for two full-time RTIC personnel; • Subscriptions and services will include an investigative platform that searches and analyzes online data in various publicly available data sources, and an agreement extension of our existing real-time data analytics platform, Peregrine, which
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Council Staff Report (ID # 5009) Meeting of November 7, 2023 Updated: 11/2/2023 5:34 PM by Susan Gauthier Page 2
integrates all our internal data systems for ease of use and synthesis of information ; and
• Equipment will include a video wall to provide critical visual technology of video feeds and communications; property tracking devices providing GPS location information; two laptop computers; and two handheld radios.
With the funding from the ORT grant for the RTIC, Fremont Police will be able to significantly enhance our department’s ability to deter, detect, and respond to criminal activity more effectively and efficiently. We will use a range of integrated technologies to provide real-time intelligence to responding officers through our extensive camera network, a real-time data integration platform, and various other resources. We believe this will help prevent and reduce ORT in support of our community, officers, and the region. Fremont Police Department will provide quarterly reports of clearly defined and measurable objectives for this grant. A few measurables include reduced ORT incidents, collaboration with store/property managers, providing crime prevention information to the community, and internal effectiveness of RTIC response.
The policy of the Fremont Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy and civil rights of the public. All data and images gathered by the ALPR cameras are for law enforcement use only. The use of cameras and license plate readers will adhere to state law and established Fremont Police Department policies publicly available at the below links.
Community Camera System:
https://public.powerdms.com/FremontPD/tree/documents/1478435
Automated License Plate Readers (ALPRs):
https://public.powerdms.com/FremontPD/tree/documents/1556880
FISCAL IMPACT: The ORT grant funds are available from October 1, 2023, to December 31, 2026, and must be spent in accordance with the budget proposal in the Fremont Police Department application, which includes salary and benefits for two RTIC Specialists for the reporting period, three years of various software subscriptions to support data analysis, a video wall for the RTIC, and related technology hardware and software.
Certain equipment and/or software procured with these funds could have ongoing service/maintenance costs, such as annual software licenses and monthly cloud storage fees. Depending on the purchase and the amount supported, the costs will vary. At the end of the grant period, these service costs will be requested in the Police Department General Fund budget to the extent new funding becomes available.
ENVIRONMENTAL REVIEW: The recommended action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
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Council Staff Report (ID # 5009) Meeting of November 7, 2023 Updated: 11/2/2023 5:34 PM by Susan Gauthier Page 3
ATTACHMENTS:
• 2023.11.07 - Draft Resolution BSCC ORT Grant
• 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 • Attachment-E-2-Organized-Retail-Theft-Prevention-Grant-Funding-Award- Recommendations
• Attachment-E-4-Senate-Bill-154-Organized-Retail-Theft-Prevention-Grant-Program • Attachment-E-3-Organized-Retail-Theft-Prevention-Grant-Project-Summaries
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or her designee, to accept the Board of State and Community Corrections Organized Retail Theft Prevention grant in the amount of $2,453,958, recognize the revenue in the Miscellaneous Operating Grants Fund, appropriate the funds to the Police Department, and execute the Grant Agreement and take any and all necessary implementing actions required by the BSCC.
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Resolution 2023-XX Page 1 of 2
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
ACCEPTING THE CALIFORNIA BOARD OF STATE AND COMMUNITY
CORRECTIONS ORGANIZED RETAIL THEFT PREVENTION GRANT
PROGRAM
WHEREAS the State Budget Act of 2022 established the Organized Retail Theft Prevention Grant Program that allocated funding in the amount of $242,250,000 to California city police, sheriff, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle theft, motor vehicle accessory theft, or cargo theft.
WHEREAS the City of Fremont desires to participate in the Organized Retail Theft (“ORT”) Prevention Grant Program funded through the State Budget Act and administered by the Board of State and Community Corrections (hereafter referred to as the “BSCC”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Manager, or her designee, is authorized on behalf of the City Council of the City of Fremont to submit the grant proposal for approximately $2.5 million to create a real time information center to mitigate ORT and sign the Grant Agreement with the BSCC, including any amendments thereto and any other implementing actions.
SECTION 2. The grant funds received hereunder shall not be used to supplant expenditures controlled by the City of Fremont Police Department.
SECTION 3. The City of Fremont agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.
SECTION 4. The City of Fremont hereby accepts the $2,453,958.00 allocated to the City from the BSCC.
ADOPTED November 7, 2023, by the City Council of the City of Fremont by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
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Attachment: 2023.11.07 - Draft Resolution BSCC ORT Grant (5009 : ACCEPTANCE OF BSCC ORT GRANT) Resolution 2023-XX Page 2 of 2
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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Attachment: 2023.11.07 - Draft Resolution BSCC ORT Grant (5009 : ACCEPTANCE OF BSCC ORT GRANT) STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC- 1152-23 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1152- 23
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
Fremont Police Department
2. The term of this Agreement is:
START DATE
OCTOBER 1, 2023
THROUGH END DATE
JUNE 1, 2027
3. The maximum amount of this Agreement is:
$2,453,958.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D
Special Terms and Conditions 5
Attachment 1* Organized Retail Theft Prevention Grant Program Request for Proposals * Attachment 2 Organized Retail Theft Prevention Grant Program Grant Proposal 43 Appendix A
Organized Retail Theft Grant Program Scoring Panel Roster 1 Appendix B Grantee Assurance for Non-Governmental Organizations 2 * This item is hereby incorporated by reference and can be viewed at: https://www.bscc.ca.gov/organized-retail-theft-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) Fremont Police Department
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
3300 Capitol Avenue Fremont CA 94538
PRINTED NAME OF PERSON SIGNING TITLE
Brian Stott Assistant City Manager
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT A: SCOPE OF WORK
1. GRANT AGREEMENT – Organized Retail Theft Grant Program This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter refer red to as BSCC) and Fremont Police Depar tment (hereafter referred to as the Grantee).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The Organized Retail Theft Grant Program was established in Senate Bill 154 (SB 154) (Chapter 43, Statutes of 2022). Organized Retail Theft Grant Program funds shall be used to support local law enfor cement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
B. Grantee agrees to adm inister the project in ac cordance with Attachment 1: Or ganized Retail Theft Grant Progr am Request for Proposals (incorporated by refer ence) and Attachment 2: Organized Retail Theft Gr ant Program Grant Proposal, which is attac hed and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representativ e for administration of the Gr ant Agreement and s hall have authority to make deter minations relating to any controver sies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Brian Stott
Title: Assistant City Manager
Address: 3300 Capitol Avenue, Fremont CA 94538
Phone: 510-494-4664
Em
ail: [email protected]
Designated Financial Officer authorized to receive warrants:
Name: Deirdre Ramsey
Title: Police Business Manager
Address: 2000 Stevenson Boulevard, Fremont CA 94538
Phone: 510-790-6991
Email: [email protected]
Project Director authorized to administer the project:
Name: Matt Snelson
Title: Captain
A
ddress: 2000 Stevenson Boulevard, Fremont CA 94538
Phone: 510-790-6874
Email:[email protected]
C. Either party may change its project representatives upon written notice to the other party.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT A: SCOPE OF WORK
D. B y signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
4. DAT
A COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.
5. RE
PORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027 B
. E
valuation Documents Due no later than:
1. Local Evaluation Plan April 1, 2024
2. Final Local Evaluation Report June 1, 2027
C. O
ther Due no later than:
Financial Audit Report June 1, 2027
G
rantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to a withholding of funds.
6. P
ROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
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BSCC 1152-23
EXHIBIT A: SCOPE OF WORK
B. T he Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.
Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Organized Retail Theft Grant Program Scoring Panel from receiving funds awarded under the Organized Retail Theft Grant Program RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Organized Retail Theft Grant Program Scoring Panel roster (Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Organized Retail Theft Grant Program Scoring Panel.
B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. I NVOICING AND PAYMENT
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 1, 2023 to December 31, 2023 February 15, 2024
2. January 1, 2024 to March 31, 2024 May 15, 2024
3. April 1, 2024 to June 30, 2024 August 15, 2024
4. July 1, 2024 to September 30, 2024 November 15, 2024
5. October 1, 2024 to December 31, 2024 February 15, 2025
6. January 1, 2025 to March 31, 2025 May 15, 2025
7. April 1, 2025 to June 30, 2025 August 15, 2025
8. July 1, 2025 to September 30, 2025 November 15, 2025
9. October 1, 2025 to December 31, 2025 February 15, 2026
10. January 1, 2026 to March 31, 2026 May 15, 2026
11. April 1, 2026 to June 30, 2026 August 15, 2026
12. July 1, 2026 to September 30, 2026 November 15, 2026
13. October 1, 2026 to December 31, 2026 February 15, 2027 Fi
nal Invoicing Periods*: Due no later than:
14. January 1, 2027 to March 31, 2027 May 15, 2027
15. April 1, 2027 to June 1, 2027 August 15, 2027
*Note: Project activity period ends December 31 , 2026 . The period of January 1, 2027, to J
une 1, 2027, is for completion of Final Local Evaluation Report and financial audit only.
B. All project expenses must be incurred by the end of the project activity period, December 31, 2026, and included on the final invoice due February 15, 2027. Project expenditures incurred after December 31, 2026 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The Financial Audit Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the financial audit during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
F. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
expenditures on the project site for the life of the grant and make it readily available for r
eview during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.
Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. In no event shall changes be authorized for the Administrative Salaries and Benefits line item that would result in that item exceeding ten percent (10%) of the grant award.
3. BUDG
ET CONTINGENCY CLAUSE
A. This grant agreement is valid through Organized Retail Theft funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Senate Bill 154 (Chapter 43, Statutes of 2022), also known as the California Budget Act of 2022 . It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
B. If Organized Retail Theft funding is reduced or falls below estimates contained within the Organized Retail Theft Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. P
ROJECT COSTS
A. The Grantee agrees to comply with the BSCC Grant Administration Guide requirements as posted on the BSCC website (currently the BSCC Grant Administration Guide July 2020) including any updated version that may be posted during term of the grant
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
agreement. BSCC will notify grantees whenever an updated version is posted. T he BSCC Grant Administration Guide is available at:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose.
Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-2 2 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
8. PROJECT BUDGET
BSCC Budget Line Item A.
Grant Funds
1. Salaries and Benefits $1,152,131
2. Services and Supplies $678,299
3. Professional Services or Public Agency Subcontracts $0
4. Non-Governmental Organization (NGO) Subcontracts $0
5. Data Collection and Evaluation $75,000
6. Equipment/Fixed Assets $548,528
7. Financial Audit (Up to $25,000) $0
8. Other (Travel, Training, etc.) $0
9. Indirect Costs $0
TOTALS $2,453,958
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access t o such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in a ny subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. This obligation shall survive any termination of this agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
8. I NDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RE
CYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NO
N-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractor s shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CE
RTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 ( https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action aros e and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
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BSCC 1152-23
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall b e subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defi ned in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1. G RANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC is solely for the purpose of proper administration of grant funds, and shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.
2. G
RANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. P
OTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
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BSCC 1152-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the ARG Rehabilitation of Existing Property or Building Project RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant of the project.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
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BSCC 1152-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consi der a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal. Changes shall not be implemented by the project unt il authorized by the BSCC.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
material and substantial breach of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal , or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in ac cordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.
Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division D eputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a deci sion adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Divi sion Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.
Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. A ny final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
10. UNI
ON ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
11. W
AIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) BSCC Powered by Submittable
Title
Fremont Police Department
by
Deirdre Ramsey
in
Organized Retail Theft Prevention
Grant Program
[email protected]
07/07/2023
id. 41328553
Original Submission
07/07/2023
The Organized Retail Theft (ORT) Prevention Grant Program Application is divided into five (5) sections as identified below: Background Information Contact Information Program Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions requiring a response.
Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses. Applicants will not be able to submit the application until all questions with a red asterisk have been completed. Applicants may reference the ORT Prevention Grant Program Proposal Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the ORT Prevention Grant Program Application. The ORT Prevention Grant Proposal Instruction Packet is available on the Board of State and Community Corrections (BSCC) website. NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.
SECTION I -
BACKGROUND
INFORMATION
This section requests information about the applicant’s name, location, mailing address, and tax identification number.
Name of Applicant (i.e.,
Police Department,
Sheriff’s Department,
or Probation
Department)
Fremont Police Department
Multi-Agency
Partnerships
Information (if
applicable)
Applicants may apply for funding as part of a multi-agency partnership (two [2] or more agencies). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous. One (1) Lead Public Agency must be identified on behalf of the partnership.
Multi-Agency
Partnerships
No: This is not a Multi-Agency Partnership Application
Lead Public Agency
Information
All applicants are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The LPA is a governmental agency with local authority within the applicant's city or county. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with other local government agency partners and non-governmental organizations to ensure successful implementation of the grant program. The LPA is responsible for data collection and management, invoices, meeting coordination (virtual and/or in-person), and will serve as the primary point of contact with the BSCC.
Lead Public Agency
Fremont Police Department
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Applicant's Physical
Address
2000 Stevenson Blvd
Fremont
CA
94538
US
Applicant's Mailing
Address (if different
than the physical
address)
n/a
Mailing Address for
Payment
2000 Stevenson Blvd
ATTN: Business Services
Fremont
California
94538
US
Tax Identification
Number
94-6027361
SECTION II -
CONTACT
INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.
Project Director
Johanna
Canaday
Project Director's Title
with
Agency/Department/Organization
Criminal Intel & Analysis Manager
Project Director's
Physical Address
2000 Stevenson Blvd
Fremont
California
94538
US
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+15107906976
Financial Officer
Deirdre
Ramsey
Financial Officer's Title
with
Agency/Department/Organization
Police Business Manager
Financial Officer's
Physical Address
2000 Stevenson Blvd
Fremont
California
94538
US
Financial Officer's
Email Address
[email protected]
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Financial Officer's
Phone Number
+15107906991
Day-To-Day Program
Contact
Johanna
Canaday
Day-To-Day Program
Contact's Title
Criminal Intel & Analysis Manager
Day-To-Day Program
Contact's Physical
Address
2000 Stevenson Blvd
Fremont
California
94538
US
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+15107906976
Day-To-Day Fiscal
Contact
Deirdre
Ramsey
Day-To-Day Fiscal
Contact's Title
Police Business Manager
Day-To-Day Fiscal
Contact's Physical
Address
2000 Stevenson Blvd
Fremont
California
94538
US
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+15107906991
Name of Authorized
Officer
Brian
Stott
Authorized Officer's
Title
Assistant City Manager
Authorized Officer's
Physical Address
3300 Capitol Avenue
Fremont
CA
94538
US
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+15104944664
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Authorized Officer
Assurances
checked
SECTION III -
PROGRAM
INFORAMTION
This section requests a Project Title, Proposal Summary description, Program Purpose Area(s) selection, and Scope Funding Category selection.
Project Title
Real Time Information Center Addresses ORT
Proposal Summary
The Fremont Police Department is highly motivated to stand up an operational Real Time Information Center (RTIC). Our strong foundation includes an extensive camera network, a real-time data integration platform, an upstart Drone as First Responder program, a specialized technology detective, and a supportive city council. With a newly assigned ORT detective and numerous technology assets, we look forward to applying intelligence-led and data-driven methods to serve our community in preventing and reducing ORT. We are pursuing funds to help us execute this plan to support our officers, community, and the region.
PROGRAM PURPOSE
AREAS
Applicants must propose activities, strategies, or programs that address the Program Purpose Areas (PPAs) as defined on pages 5 - 8 in the ORT Prevention Grant Proposal Instruction Packet. A minimum of one (1) PPA must be selected; applicants are not required to address all three (3) PPAs. All proposed activities, strategies, or programs must have a link to the ORT Prevention Grant Program as described in the authorizing legislation and the ORT Prevention Grant Proposal Instruction Packet.
Program Purpose
Areas (PPAs):
PPA 1: Organized Retail Theft
Funding Category
Information
Applicants may apply for funding in a Medium Scope OR Large Scope Category.
The maximum an applicant may apply for is up to $6,125,000 in the Medium Scope category OR up to $15,650,000 in the Large Scope category. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category. Multi-agency partnerships (determined as Medium Scope OR Large Scope) may apply for up to the maximum grant award in that category, multiplied by the number of partnering eligible applicants. For Example: Four (4) eligible applicants in the Medium Scope category may submit one (1) application for up to $24,500,000
o
$6,125,000 (Medium Scope Max) x 4
(# of Agencies) = $24,500,000 Two (2) eligible applicants in the Large Scope category may submit one (1) application for up to $31,300,000 o
$15,650,000
(Large Scope Max x 2 (# of Agencies) = $31,300,000 Please reference pages 10- 12 in the ORT Prevention Grant Proposal Instruction Packet for additional information.
Funding Category
Medium Scope (Up to $6,125,000)
SECTION IV -
PROPOSAL
NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the ORT Prevention Grant Program Application Instruction Packet.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the ORT Prevention Grant Instruction Packet (refer to pages 20-24). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not may not exceed 6,711 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately three (3) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing.
The Project Description narrative may not may not exceed 11,185 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately five (5) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit". Applicants will be prohibited from submitting the ORT Prevention Grant Program Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section, however as a guide, the percent of total point value for each section is provided in the ORT Prevention Grant Proposal Instruction Packet (refer to page 15).
Project Need
The Fremont Police Department’s (FPD) Goal is to implement a fully operational Real Time Information Center (RTIC). The greatest need is filling two RTIC Specialist positions and acquiring a video wall and software subscriptions.
Fulfilling these needs will provide significant analytical and technology resources to benefit our community and officers.
Staffing Shortage:
Like many agencies across the state, FPD faces significant challenges with recruiting, hiring, and retaining officers. Despite substantial investment in numerous strategies, staffing remains a major challenge.
FPD’s current authorized staffing level is 204 full-time sworn positions of which 29 are vacant. The 175 filled sworn positions include executive command staff and supervisors. Our dispatch team is down by one-third and has been operating under mandated overtime since 2014. The Investigations team has 28 detective positions, 14 are either vacant or non-deployable.
According to the FBI, the national average rate of sworn officers to population is 2.4 per 1,000. Serving the fourth largest city in the San Francisco Bay Area, FPD has a rate of 0.75 per 1,000 compared to the three largest Bay Area cities:
San Francisco (2.5), Oakland (1.7) and San Jose (1.2). (1) FPD’s 0.75 figure includes all officers, not just patrol.
Use of technology and alternative resources will improve FPD’s efficiency and effectiveness in mitigating ORT related crime trends despite staffing increases.
Increased Crime:
In 2017, FPD designated 16 small geographic areas as “ILP hotspots.” According to the data analysis, crime was frequent and predictable in these
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) areas. These hotspots were used for this submission’s data analysis and plays a significant role in our current Intelligence-led Policing (ILP) strategies.
Hotspots Policing is known as an Evidence-Based practice associated with crime reduction. (2)
Analyzing Fremont’s most recent ORT data (theft, grand theft, shoplifting and robbery) in retail hotspots increased by 87% (435 from 233, respectively) comparing the first six months of 2023 to the same period in 2022. From 2022 to 2021, there was a 24% increase. When the often retail adjacent crimes of auto burglary and auto theft are added, the total increase is 55%.
According to the National Retail Federation (NRF), retail stores nationwide increased in ORT by approximately 26% in 2021 compared to 2020. (3) FPD data showed crime increased last year from the year prior amongst many Fremont retailers.
Many big box stores, national retail and grocery stores experienced dramatic spikes in crime; ten retailers experienced increases of 100% or more and five stores increased 300-400%.
The NRF asserts that suspects are becoming more brazen, aggressive, and violent. (5) Fremont has also seen increased violence and aggressive acts with potential for harm, death, and/or destruction.
• Suspects intentionally set a fire in a large retail store to distract customers and staff while they smashed through cases and stole $35K of jewelry. Incurred losses were over $7m in repairs and liquidation of goods due to contamination • Suspects stole $15K worth of goods from another major store. The crew fled our city which ultimately culminated in an officer-involved shooting when suspects attempted to strike officers with their car
• Numerous retail robberies involved pepper spray or a stun gun Combatting catalytic converter theft (CCT) has also been a challenge. Utilizing an internal database created specifically for CCT, numbers show that in 2022, CCT increased 22% from the year prior. Comparing 2021 to 2020, we saw a 112% increase with 807 incidents.
• Over 80 Fremont residents have been victimized two to five times • Seven CCTs involved guns or shots fired; one crew committed 20+ in Fremont and more across the region
Despite limited resources and the inherent challenges of preventing, investigating and prosecuting this crime, FPD executed a coordinated operation resulting in the closure of a local recycling business that had knowingly purchased hundreds of stolen catalytic converters. Thefts decreased for a few months afterward. (6)
All data analyzed is from CAD/RMS by FPD’s Crime Analyst.
Geographic Location and Regional Assistance:
Fremont has over 230,000 people and is 90 square miles. Fremont is situated between the highway thoroughfares connecting several major Bay Area cities.
We understand that ORT crimes are a widespread issue impacting many cities.
However, due to Fremont’s location, we have experienced crime trends fueled by offenders and groups from outside of Fremont. In 2019, a comprehensive review of FPD arrest data showed that of the 2,165 individuals arrested, 47% of those resided in a jurisdiction other than Fremont. (7) Due to the transitory nature of offenders, FPD has long invested in partnerships with other agencies in the region to counter these criminals. As longstanding members of a regional task force and having spearheaded numerous multi-agency operations, we have played an important and valued role in mitigating regional crime.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) After a successful and extensive multi-jurisdiction investigation, a District Attorney involved in the investigation said, “It really is the tireless commitment of FPD to these issues that sets the bar for smart and collaborative investigations.” (8)
Our partnerships are not limited to major investigations but continue in day-to- day police work.
Summary:
Fremont is growing with significant business and housing development initiatives to include thousands of new housing units and millions of commercial square feet planned adjacent to our largest retail center (8.3m SF.) (9) Investment in our Downtown District is creating a retail hub. This growth, coupled with low staffing and increases in property crimes, specifically ORT and CCT, affirms our need to significantly increase capacity to support our officers, provide investigative assistance, and expand analytical and technological capacity.
FPD is a sound investment. We have an extensive community camera network, six retail centers providing camera access, ALPR cameras and other technology assets. Coupled with integrated data sources, established partnerships, and innovative staff, we are ready to develop an RTIC to leverage current assets and the opportunities the BSCC grant provides. We are committed to ensuring we do all we can to support our community as well as our department and allied agencies.
Project Description
Standing up an RTIC will support the mitigation of ORC and CCT and was selected as our Project for these reasons:
• RTIC’s have been successful in many agencies, locally and nationally:
o Leading RTIC’s (i.e., Cobb County, GA; Ft. Worth, TX; Elk Grove, CA) report frequent successes in enhanced safety, suspect apprehension, and lead development. Some agencies, such as Chicago, report crime reductions of select crimes of up to 40% due to their technology, resources, and trained specialists. (10)
• FPD had significant success when operating our RTIC on a temporary basis o A light-duty officer identified the suspect vehicle of a home invasion robbery via community cameras, entered the license plate into a hotlist and was alerted hours later when it entered a retail hotspot. He advised patrol with the setup of an optimal perimeter, resulting in the arrest of multiple violent offenders. • FPD has the framework in place to include key technologies, data resources, trained staff, familiarity with best practices, and regional alliances • FPD uses Peregrine, a technology platform with integrated data sources such as CAD/RMS, ALPR, AVL, video feeds, and GIS layers, as a foundation for real- time operations and robust analytics
• FPD has the support of city council for this endeavor and our community supports our existing technology tools. (11)
We intend to leverage many existing and yet to be procured resources to mitigate crime issues and make patrol response safer through data-driven and intelligence-led decision making.
In support of public safety objectives, the target population served will be our community. and our Patrol, Special Operations, and Dispatch teams will also receive critical operational and analytical support in real-time.
Collaboration to implement and maintain this project includes the above-listed teams and Information Technology (ITS), Crime Analysis, ORT, and technology detectives. Internally, RTIC will work with officers on in-field response, investigative lead development, and video preservation.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) There are also many opportunities for external collaboration:
• Outreach to retailers and property managers to assist with education, crime prevention and opportunities to set up FPD accessible security camera systems
• Coordination and networking with neighboring agencies, particularly fellow Peregrine user agencies which border Fremont
• Future opportunities exist to regionalize RTIC following the lead of several other RTIC’s. Essentially, embedding specialists from other agencies to capitalize on shared resources and increase the reach of response and support • Leverage existing partnerships as members of National Real Time Crime Center Association (NRTCCA) and various analyst and ORT associations Hiring two RTIC Specialists fulfills our primary need. They will directly serve the Department and the community in crime reduction and community safety efforts. They will work under the direction of the Strategic Intelligence and Analysis Unit (SIU) Manager. They will support patrol by capitalizing on a wide range of technologies and resources in real-time for efficient and effective policing. This includes monitoring and operating a range of integrated technologies. Their mission is to enhance our overall ability to impact crime, increase situational awareness, and improve public safety and efficiency for responding officers.
Upon hire, the Specialists will have an extensive onboarding of our technology resources and training on the mission, expectations, and goals of the RTIC.
The Specialists will be deployed upon satisfactory training in data resources, Peregrine, video/ALPR resources, and radio use.
Specialists will monitor all technological resources, including CAD calls for service (CFS), ALPR hits, video feeds and radio traffic to support informed decision making and awareness for officers. Some duties may include:
• Monitor radio traffic and CAD calls to provide pertinent information for officer safety and situational awareness
• Monitor our camera network including those in and adjacent to retail centers • Monitor in-field technology assets such as vehicle and asset trackers • Utilize FPD’s ALPR custom hotlist to alert on suspect vehicles • Assist FPD’s upstart Drone as First Responder operators with developing intelligence to support response
• Use crime analysis and intelligence products for awareness of significant crime trends, patterns, and offenders; and provide intelligence to patrol officers in retail hotspots to counter ORT activity
• Provide investigative follow-up (i.e., analyzing video and booking evidence) to free up time for officers to address ORT/CCT issues
• Drive ORT/CCT information sharing amongst our neighboring agencies using Peregrine and other forms of communication
The RTIC equipment described below will establish our centralized and comprehensive hub to deliver high-quality service. We will submit an RFP for vendor selection for video wall equipment, installation, and maintenance services if funded. Acquisition of a video wall will provide critical visual technology. A large-scale interface will deliver real-time video feeds and instant communications throughout Fremont and, potentially, the region.
We will seek a turnkey solution for video wall displays, including materials/equipment to install, software, processors, training for end-users, and on-going technical support.
The video wall can display incoming data from cameras, reporting systems, analytical tracking tools, intelligence from the field, vehicle GPS and BWC footage. This multi-source display can identify important details and improve
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) overall awareness.
FPD also lacks access to an open-source intelligence tool. Criminal groups use social media platforms with a highly opportunistic open marketplace to include peer-to-peer payment systems. (12) It is reported that ORT merchandise is widely resold online through third-party platforms. (13) Cobwebs is a unique investigative platform that searches online data in various publicly available data sources and analyzes information to create actionable intelligence. It can be queried by geolocation or keywords and provides automated real-time alerts from data requests. Access to Cobwebs is an ORT/CCT investigative tool and may identify new activities and groups.
A key objective of RTIC is crime reduction of ORT and CCT. Peregrine’s platform supports crime reduction opportunities, providing immediate situational awareness of incidents occurring throughout the jurisdiction with a live picture of incidents, police response and advanced analytics.
RTIC Specialists will contribute to crime reduction with their real-time response in the retail hotspots, leveraging technologies, and investigative follow-up.
Their observations will serve as “first on scene” providing critical information to responders, such as suspect and vehicle descriptions, direction of flight, and at times, supporting apprehension.
FPD’s new ORT detective will engage with property and store managers and loss prevention to encourage increased crime reporting to improve investigative, arrest and prosecution opportunities.
The ORT and other detectives will be most affected by having additional investigative follow-up and more actionable crime and intelligence products from RTIC and our analyst. Also, officers in the field will be given more actionable intelligence in the retail hotspots by RTIC and our crime analyst.
Our crime analyst will emphasize ORT/CCT analysis, making case and suspect connections and creating and sharing analytical products.
Measurement and evaluation are fundamental to ILP. Peregrine will be used to generate comparative data analysis reports of designated hotspots to measure and evaluate crime and policing efforts. We will leverage this weekly to assess our efforts. We expect that the operational support provided by RTIC and our analyst will positively impact the persistent and escalating ORT and CCT crime in Fremont.
A key objective of RTIC is to enhance and expand internal and external information sharing. Initially, FPD will communicate the BSCC’s grant goals, personnel roles, evaluation metrics and anticipated outcomes to our department members.
Peregrine provides a real-time picture of Fremont activity, and as a collaborative platform any output can be shared with individuals or teams. Data and analytical products are easy to share with neighboring law enforcement agencies. Peregrine customers can work collaboratively in the workspace; non- customers can receive static work products via email, such as crime maps, reports, or a network analysis of a criminal group.
Currently, we assess crime weekly and present at our weekly Investigations briefings and share findings daily with patrol. These findings are often communicated over our internal electronic communication platform for detailed information sharing of special information bulletins, suspects and vehicle images, crime analysis products, etc. In previous years, we allowed external agency access to select detectives and analysts to work collaboratively on
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) various initiatives/operations. There was significant allied partner participation, facilitating and improving timely, actionable information sharing and providing investigative leads for our partners. We will revitalize this valuable tool for regional ORT/CCT efforts with vetted partners.
Increased communications and information sharing will deliver valuable information to our officers and retail partners. This may have a significant impact on officer safety and community relations.
A key objective of RTIC and the ORT detective is developing and strengthening partnerships. FPD has contacts with local businesses and global companies and their loss prevention teams, property managers and ORT-focused investigative teams. FPD will aim to:
• Communicate goals, desired outcomes, and crime prevention information to retail partners
• Solicit support and cooperation from retail staff and loss prevention • Promote crime prevention meetings for our retail partners and create social media content for crime prevention and trend alerts
• Collaborate with retail in investigations to reduce ORT and identify those responsible
We aim to increase collaboration and build trust by creating new partnerships and investing in existing ones. Our outreach, as well as our proactive enforcement and crime prevention efforts, may enhance police legitimacy.
FPD has attached our policies for biased-based policing and surveillance technologies. In addition, SIU is certified in and adheres to 28 CFR Part 23, guidelines for intelligence collection, storage, and dissemination.
Project Organizational
Capacity and
Coordination
FPD is well-positioned to successfully implement this project. FPD has endeavored to establish RTIC since 2020. Temporarily placed officers have performed “real-time” duties on an ad hoc basis, but the lack of regular staffing has been the most significant obstacle.
Our Police Chief strongly supports the RTIC Specialist job classification. In 2021, the chief clearly articulated his goal to support crime mitigating technology, staffing and full implementation of RTIC in his Transition Plan. The Chief was clear with his desire to finalize the RTIC as one of his priority objectives.
The staff and equipment requested will be managed by the department’s Strategic Intelligence & Analysis Unit (SIU) Manager who will directly supervise the Specialists. Her team includes a Sergeant, Senior Technology Detective, Intelligence Detective and Crime Analyst.
She managed the Peregrine data
integration and implementation. She will be responsible for the recruitment, training, and supervision of RTIC personnel, as well as the decision-making process for the project, via the chain of command to the Special Operations Captain. The SIU Sergeant, Investigations Lieutenant, Dispatch Manager, and other stakeholders will also influence and participate in the project.
The Specialist(s) will partner with the technology detective, who has specialized experience managing the camera network, technical surveillance, and all ALPR cameras. He has provided real-time support on an ad hoc basis for over three years.
In addition, our analyst has a wealth of knowledge and experience in data, analysis, intelligence, and collaboration to support the Specialist(s).
FPD’s ORT Detective, working closely with RTIC and SIU, will conduct retail outreach and investigation. His strong investigative skills, experience with criminal groups, knowledge of tactics and modus operandi, and professional network will significantly contribute to this project.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) The Business Services Manager will be essential for procurement, technology acquisition, budgeting, and overall management of the grant. She has extensive grant management experience, including state and federal grant reporting requirements.
FPD’s ITS staff will be involved in the planning and procurement process. ITS will oversee equipment installation, system set-up and configuration. Post- installation, ITS will be the first line of technical support, consulting the vendor’s support team as needed.
In addition, FPD has many key assets essential for effective real-time operations:
• An extensive network of community cameras to include 17 ingress/egress locations, six retail centers providing camera access, traffic cameras, mobile trailers and over 60 ALPR cameras
• Peregrine’s integrated data sources are optimal for real-time situational awareness
• Many data resources such as public records, regional ALPR, pawns/resale goods, GIS layers, etc.
Peregrine, a key partner, has detailed their involvement and commitment to FPD in a letter of support. We will work closely with our neighboring agencies who have data sharing agreements in place for Peregrine.
Sustaining the proposed project after grant funds expire:
Video wall: One-time expenses related to hardware and related components, software, and software maintenance and support. Estimated at $560k including installation. Ongoing maintenance/support for Year 2 and 3 estimated at $40k each. Ongoing expenses would be requested through the budgetary process for the FPD general fund budget
RTIC Specialist positions: Three years of salary/benefits for 2.0 FTE. Years 2 and 3 have a 5% estimated salary increase along with 5% step increases.
Estimated at $1.2m. Future years’ salary/benefits will be requested through the budgetary process for the FPD general fund budget
Years 4, 5 & 6 for Peregrine at $149,500 each year. The first 3 years paid with grant and donation funds and currently have no other planned budgetary funding source. Ongoing expenses would be requested through the budgetary process for the FPD general fund budget
Cobwebs: One-time expense with setup and first year ($31k), plus ongoing subscription cost of $27k for 2 years. Ongoing expenses through the budgetary process for the FPD general fund budget
Two Laptops Stations/Monitors: One-time expense. Estimated at $15k total Trackers: 3 years for $24,625, then ongoing expenses through the budgetary process for the FPD general fund budget
Two Handheld Radios: One-time expense. Estimated at $13.6k total Project Evaluation and
Monitoring
The FPD staff who will evaluate the project and monitor activities are designated based on their involvement in this project from proof of concept to envisioned completion and will be involved in this project through all phases.
Most important is their experience as subject matter experts in technology, data analysis, ILP and familiarity with RTIC concepts and tools. Data analysis and feedback will be critical throughout each progression.
The Peregrine platform has proven to be very effective in analyzing crime hotspots with deliverables of comparative analysis, crime maps, and offender
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) networks; it will be essential for prevention efforts and evaluation.
FPD will develop process measures to ensure the RTIC delivers meaningful services and products. FPD expects that the activities of the RTIC will become so ingrained in day-to-day operations that it will seamlessly become part of FPD culture. To do so, we must establish understandable processes, communicate clear expectations, and strive for positive outcomes.
Process measures may include:
• Staff and equipment have been deployed as intended
• Review of RTIC-related policies to ensure understanding and demonstrate good stewardship of appropriate use of technology
• Develop RTIC Standard Operating Procedures
• Communicate to field personnel the role of RTIC and services offered to set clear expectations
• Create templates to standardize products and services, such as a daily log to document RTIC response; including call type, teams involved, resources used, call disposition, etc. It allows for tracking and evaluation of efforts but also provides accountability
• Create standardized reports, maps, and dashboards for crime analysis of ORT/CCT incidents and officers’ proactivity
• Deploy in-field technologies for vehicle/asset tracking • Increased social media messaging for crime prevention and trend alerts • Prioritize fingerprint evidence in Crime Lab
• Schedule regular outreach to retail partners
Outcome measures will be both qualitative and quantitative to evaluate the results of RTIC and ORT detective efforts.
For RTIC outcomes, we will measure:
• Ability to provide consistent RTIC operations and service • RTIC response efforts via daily log and feedback
• Effectiveness of ALPR through the number of hits and dispositions • Evaluating efficiency of RTIC; for example, frequency RTIC is “first on-scene” • Investigative leads provided
• Officers’ perception of increased support and safety as provided by RTIC’s real-time response
• Officers’ perception of improved decision making based on real-time information from RTIC
For ORT/CCT-related outcomes, we will measure:
• Reduced ORT/CCT activity in hotspots
• Reduced overall crime in hotspots
• Time spent by patrol in hotspots
• Quality of new retail contacts/partners
• Engaged collaboration from retail stores and property managers • Provide meaningful information to the community
Monitoring the project will include monthly reports of RTIC activity to ensure engagement and deliverables meet expectations. Our analyst will analyze data monthly to evaluate crime in retail hotspots, officer activity and any significant events. This work product may include a crime map, comparative report, and brief narrative section.
The analyst’s reports will be used against the baseline data of CCT/ORT-related statistics submitted in the Project Need. Data collection is sourced from RMS/CAD via Peregrine to compare activity in the designated retail hotspots.
Also, feedback will be collected from the RTIC Specialists, Patrol and Dispatch to evaluate their experience and perceptions.
We currently have a data sharing MOU in place with Peregrine and neighboring customer agencies. As Peregrine’s customer base grows, we will have access to additional data and more opportunities to mitigate ORT/CCT.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) FPD’s research design is both quantitative and qualitative. We will use Peregrine for crime data analysis. We will also place considerable value in officers’ described experience engaging with the RTIC, as well as FPD leadership and other beneficiaries. We will periodically request feedback from retail stakeholders on their experience and if any FPD strategies or activity changes their experience or perception. If we do not see positive outcomes in quarterly reports, we will reassess our strategy and consider new efforts.
Budget Instructions
Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission the Budget Attachment will become Section 5: Budget (Budget Tables & Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately.
Applicants are solely responsible for the accuracy and completeness of the information entered in the Proposal Budget and Budget Narrative. The Proposal Budget must cover the entire grant period. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website.
Budget Attachment
FPD-ORT-Grant-Program-Budget-Attachment-Final.xlsx
SECTION V -
ATTACHMENTS
This section list the attachments that are required at the time of submission, unless otherwise noted. Project Work Plan (Appendix B) - Mandatory Grantee Assurance for Non-Governmental Organizations (Appendix D) - Mandatory Local Impact Letter(s) (Appendix E) - Mandatory Letter(s) of Commitment (Appendix F) - If Applicable Policies Limiting Racial Bias - Refer to page 9 of the Proposal Instruction Packet - Mandatory Policies on Surveillance Technology - Refer to page 9 of the Proposal Instruction Packet - If Applicable Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G) - Mandatory Governing Board Resolution (Appendix H) - Optional Project Work Plan (Appendix B)
Appendix_B_-_Project-Work-Plan-ORT.docx
Grantee Assurance for Non-Governmental Organizations (Appendix D) Appendix_D.docx.pdf
Local Impact Letter(s) (Appendix E)
Appendix_E_-_Local_Impact_Letter_FINAL.docx
Letter(s) of Commitment, (Appendix F)
Appendix_F_-_Peregrine_-_Fremont_ORT_ON_LETTERHEAD.docx Policies Limiting Racial Bias
Bias-Based_Policing.pdf
Policies on Surveillance Technology
Automated_License_Plate_Readers__ALPRs_.pdf
Community_Camera_System.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G) Appendix_G-Certification-of-Compliance-with-BSCC-Policies-on-Debarment_-Fraud_-Theft_-and- Embezzlement-ORT.docx.pdf
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) OPTIONAL: Governing
Board Resolution
(Appendix H)
n/a
OPTIONAL:
Bibliography
Bibliography
1. “Police Employee Data.” FBI, www.ucr.fbi.gov/crime-in-the-u.s/2017/crime-in- the-u.s.-2017/topic-pages/police-employee-data.
2. Braga, A. A., Papachristos, A. V., & Hureau, D. M. (2012). Hot spots policing effects on crime. Campbell Systematic Reviews, 8(1), 1–96. https://doi.org/10.4073/csr.2012.8
3. National Retail Federation. “Organized Retail Crime.” NRF, www.nrf.com/advocacy/policy-issues/organized-retail-crime. Accessed June 22, 2023
4. Asset Protection Coordinator, “Re: Fremont ORCT- Old Navy.” Received by
Detective Jamil Roberts.
23 June 2023. Email Interview.
5. National Retail Federation. “Organized Retail Crime.” NRF, www.nrf.com/advocacy/policy-issues/organized-retail-crime. Accessed June 22, 2023
6. Barmann, Jay. “Fremont Recycling Firm Implicated in Purchase of Hundreds of Stolen Catalytic Converters.” SFist - Aug. 2022,
sfist.com/2022/08/09/fremont-recycling-firm-implicated-in-purchase-of- hundreds-of-stolen-catalytic-converters. Accessed June 22, 2023
7. 2019 Review of Priority Crimes, Fremont Police Department, 2019. www.fremontpolice.gov/home/showpublisheddocument/392/637452998548270000
8. Comment on “Detectives finish seven-month investigation by arresting several suspects in large-scale fencing operation.” Facebook. November 8, 2019 www.facebook.com/FremontPoliceDepartment/posts/2536725083063656
9. City of Fremont.
https://www.fremont.gov/government/departments/economic-development/real- estate-development-investment
10. Taylor, Michelle. Real-time Crime Centers Can Reduce Crime by 40 Percent. www.forensicmag.com/558871-Real-time-Crime-Centers-Can-Reduce-Crime-by- 40-Percent.
11. Real Time Data Visualization Platform –- Fremont City, California. fremontcityca.iqm2.com/Citizens/Detail_LegiFile.aspx?
ID=4278&highlightTerms=peregrine.
12. Organized Retail Crime - State of California Department of Justice, Attorney General. www.oag.ca.gov/bi/retail-crime
13. “The Crime and Terror Threat on Social Media — ACCO.” ACCO, 20 Jan. 2022, www.counteringcrime.org/crime-and-terror-threat-on-social-media-fact- sheet.
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Organized Retail Theft Prevention Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Organized Retail Theft Prevention Grant Program
Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified.
Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application.
(1) Goal: > Establish a full-time operational Real Time Information Center (RTIC) Objective A > Hire, train and deploy two full -time RTIC Specialists to support patrol by capitalizing on a wide range of technologies and resources in real -time for efficient and effective policing. They will support crime reduction and community safety efforts, with a specific emphasis on ORT and catalytic converter thefts > Acquire and utilize video wall for critical visual optimization and increased overall awareness > Acquire and utilize open-source intelligence software
Process Measures
> Staff have been hired, trained and deployed as intended > Technology equipment is performing at a high standard > Create templates to standardize products and services, such as a daily log to document RTIC response; includes call type, teams involved, resources used, call disposition, etc. Allows for tracking and evaluation of efforts, but also provides accountability
> Develop and review RTIC Standard Operating Procedures > Review of RTIC- related policies to ensure understanding and demonstrate good stewardship of appropriate use of technology
> Request log for video and evidentiary items on behalf of officers > Utilize crime analysis and intelligence products, review all regional bulletins > Schedule regular outreach to retail stakeholders
Appendix B: Project Work Plan
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE Organized Retail Theft Prevention Grant Program
Outcome Measures: > Assessment of RTIC-assisted CFS
> Effectiveness of ALPR through number of hits and dispositions > Evaluating efficiency through analysis of calls adjudicated due to RTIC response (no patrol response needed) and frequency RTIC is “first on-scene”
> Investigative leads shared with responders
> Understanding of current crime patterns, series, trends and offenders having an impact > Officers’ perception of improved decision making based on real-time information from RTIC > Officers’ perception of increased support and safety based on real-time information from RTIC > Community satisfaction
> Improved police legitimacy through efficient police response, enhanced safety
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> Create and foster a cohesive, informed and capable team > Monitor radio traffic and CAD calls
> View live video feeds
> Utilize databases for supplemental information
> Share information in real -time to responders as well as post - incident for awareness
> Expanded use of custom ALPR hotlist to identify local and regional ORT/CCT suspects and crews
> Attend Patrol and Investigations briefings to provide awareness > Review of crime analysis products and regional bulletins for attention to increased activity of ORT/CCT
> Provide investigative follow-up to officers and detectives
> RTIC Specialists,
Intel/Analysis Manager,
Sergeant, Investigations
Lieutenant, Technology
Detective, Crime Analyst,
Info. Technology Services
> Oct 2023 >2027 funded, then
will pursue
budgetary process
for the FPD general
fund budget
List data and sources to be used to measure outcomes:
> Analysis of daily call log for activity, efforts and dispositions > Feedback from officers on experience with RTIC (i.e., improved safety, decision making) through interviews, briefings and surveys > Tracking log of case/suspect connections made by analyst > Analysis of RMS/CAD data of reports and calls to evaluate crime activity
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE Organized Retail Theft Prevention Grant Program
Objective B > Crime reduction of ORT related crime and catalytic converter thefts Process Measures
Outcome Measures:
> Create standardized reports, maps and dashboards for crime analysis of ORT/CCT incidents > Create actionable products to direct attention to offenders and locations > Recommendations for focused patrols (“ILP”) in retail hotspots > Prioritization of fingerprint evidence in Crime Lab
> Schedule regular outreach to retail stakeholders
> Deploy in-field technologies for vehicle/asset tracking
> Reduced overall crime activity in hotspots
> Reduced ORT/CCT activity in retail hotspots
> Increase in arrests and/or suspect identifications
> Time spent by patrol on “ILP” in retail hotspots
> Quantify and assess new retail contacts/partners
> Provide meaningful information to the community
> Community safety
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> Provide effective real-time response to activity in the retail hotspots or other crime locations
> Efforts by ORT detective and crime analyst to identify offenders, crime patterns and series, and produce actionable intelligence > Analyst to identify peak times, days of week and specific locations for focused hotspot patrols and disseminate to teams
> Patrol efforts to provide high visibility in hotspots > Deploy “decoy cars” in front of major retailers
> Relentless investigation and pursuit of offenders
> RTIC Specialists,
Intel/Analysis Manager,
Sergeant, Crime Analyst,
Tech and ORT Detective;
Patrol and Detectives,
Community Engagement;
Crime Lab supervisor
> Oct 2023 >Indefinitely
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE Organized Retail Theft Prevention Grant Program
> Develop leads and provide them to appropriate detectives; communicate applicable findings to patrol
> Investigative focus on fencing operations; illegal recyclers > Use of social media intelligence to identify suspects, organizations, resellers of stolen goods
> Collaboration with FPD’s crime lab to prioritize the processing of any evidence related to ORT
> Outreach efforts by ORT and Community Engagement to
provide crime prevention information, both to retailers and the community re catalytic converter theft
List data and sources to be used to measure outcomes:
> Weekly and monthly crime statistics in designated hotspots will be analyzed for increase/decrease/static activity; evaluation of any needed adjustments to patrol activities to impact ORT incidents. > Measure time spent by officers in designated hotspots using CAD data > Analysis of arrest data and attention to court disposition > Track print submissions and hits for to advance investigations and apprehension > Track arrests with multiple clearances
> Feedback from property managers/retailers on FPD patrol 911 response and proactive policing
Objective C > Enhance and Expand Information Sharing
Process Measures
> Clear communication to field personnel the role of RTIC and services offered to set clear expectations as to what information they may receive
> Promotion of increased use of internal communications platform for crime incidents, investigative leads and analytical products
> Workspace collaboration and product sharing via the Peregrine platform > Consider allowing partner agency access to our internal electronic communication platform ; proven to increase information sharing from past crime mitigation initiatives > Increased contact with retail and property managers
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE Organized Retail Theft Prevention Grant Program
Outcome Measures:
> Post crime and safety information via social media platforms to the community
> Improved overall communications and understanding of concepts, issues, strategies, etc. > Understood roles and expectations by involved personnel > Increased sharing of analytical and crime intelligence products > Increased communications with retailers
> Meaningful information exchange with community members > Increased communications via social media for crime prevention information and crime trend alerts > An informed community
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> Attend patrol briefings to provide information and encourage communication
> Creation and dissemination of analytical products
> In-person and social media communications with Neighborhood Crime Watch teams and community at-large
> Expand access to vetted partners to our internal platform to share crime analysis recommendations, suspect information, crime statistics, and outcomes
> External information sharing to include crime information dissemination via APBnet; regional monthly crime analyst and investigator meetings
> Schedule meetings or presentations to property managers with ORT detective
> RTIC Specialists,
Intel/Analysis Manager,
Sergeant, Crime Analyst,
Tech and ORT Detective,
Patrol and Detectives,
Community Engagement
team; PIO
> Oct 2023 >Indefinitely
List data and sources to be used to measure outcomes:
> Number of outreach efforts to retail partners
> Quantify new partners – corporate, retail and loss prevention staff > Retail and community feedback
> Number of presentations; crime analysis work products shared > Number of partner agency users accessing and sharing information on our platform
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE Organized Retail Theft Prevention Grant Program
Objective D > Developing and Strengthening Partnerships
Process Measures
Outcome Measures:
> Establish contacts and develop relationships with regional RTIC/RTCC’s and learning/sharing best practices > Consistent networking through regional associations and crime meetings > Sharing best practices with other analysts at Peregrine agencies > Focus on regional analyst and detective meetings
> Outreach to and consistent communication with retail stakeholders > Increased communication and interactions with community
> Positive feedback from law enforcement partners and community members > Increased information sharing from law enforcement partners > Engaged collaboration from retail store staff and property managers > Assess if partners established recommended measures
> Improved police legitimacy through engagement
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> Communicate to retail partners goals, desired outcomes, crime prevention information
> Collaborate with loss prevention on mitigation strategies as well as provide direct contact information for increased, detailed, and direct information sharing to ORT detective and police in general > Ongoing connection through in- person and virtual meetings, community events and social media (i.e., coffee with a cop, weekly posted crime stats)
> Attend regional crime meetings to share information and build connections with analysts, detectives and loss prevention agents > Plan an agency sponsored collaborative event with Peregrine users in the Bay Area
> Attend inaugural National Real-Time Crime Center conference in October for learning and networking
> RTIC Specialists,
Intel/Analysis Manager,
Sergeant, Crime Analyst,
Tech and ORT Detective,
Patrol and Detectives; PIO
> Oct 2023 >Indefinitely
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE Organized Retail Theft Prevention Grant Program
> Visit regional RTCC’s
List data and sources to be used to measure outcomes:
> All qualitative data illustrating new connections and strengthened partnerships with various FPD teams, the retail community, community at-large, and law enforcement partners
> Feedback will come from meetings, discussions, site visits and outreach efforts, such as surveys.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE Total
$1,152,131.00
$678,299.00
$0.00
$0.00
$75,000.00
$548,528.00
$0.00
$0.00
$0.00
$2,453,958.00
Total
$77,715.00
$77,715.00
$189,120.00
$189,120.00
$200,882.00
$200,882.00
$108,348.50
$108,348.50
$1,152,131.00
Total
$80,174.00
$25,000.00
$448,500.00
$31,000.00
$54,000.00
$15,000.00
$24,625.00
$678,299.00
1.0 FTE - step 3 plus estimated 5% salary increase per MOU from year prior RTIC Specialist (Year Three) FY25/26 1.0 FTE - step 4 plus estimated 5% salary increase per MOU from year prior TOTAL
1b. Salaries & Benefits Narrative:
RTIC Specialist(s) will support patrol by capitalizing on a wide range of technologies and resources in real-time for efficient and effective policing. This includes monitoring and operating an integrated technology platform for calls for service (CFS), ALPR hits, video feeds and various databases. Specific to ORT/CCT, they will monitor police radio and CAD calls to provide supplemental information for officer safety and situational awareness; monitor cameras adjacent to retail centers, as well as in-field technology assets; use FPD’s ALPR custom hotlist to alert on suspect vehicles; use intelligence products for awareness of significant ORT/CT crime trends, patterns and offenders; and provide intelligence to patrol officers in retail hotspots to counter ORT activity. In addition to supporting crime prevention and reduction efforts, they will play a key role in increasing our information sharing, both internally and beyond our PD.
Calculations are based on hiring a specialist by January, 2024 which is six months into the fiscal year for the PD which runs July 1 - June 30th. Therefore, six additional months are calculated in FY26/27 to make up three years worth of funding. Figures includes all salary, benefits and employer costs for employees.Haivision Visual Intelligence Wall Additional installation services Haivision Visual Intelligence Wall Ongoing maintenance and support Year 2 and Year 3 @ $40,087 each year 2b. Services and Supplies Narrative:
1. Salaries & Benefits
4. Non-Governmental Organization (NGO) Subcontracts
6. Equipment/Fixed Assets
7. Financial Audit (Up to $25,000)
8. Other (Travel, Training, etc.)
1a. Salaries & Benefits
Description of Salaries & Benefits (% FTE or Hourly Rate) & Benefits RTIC Specialist (Year One) FY23/24 - 6months 1.0 FTE - step 2 plus 4% MOU increase RTIC Specialist (Year One) FY23/24 - 6months 1.0 FTE - step 2 plus 4% MOU increase RTIC Specialist (Year Two) FY24/25
2. Services and Supplies
3. Professional Services or Public Agencies
5. Data Collection and Evaluation
9. Indirect Costs
Cobwebs Intelligence Investigations Platform software Initial Purcase and Implementation TOTAL
Description of Services or Supplies Calculation for Expenditure Subscription for Year 2 and 3 @ $27,000 each year
Laptop stations/Monitors & Arms for RTIC Specialists @ $7,500 each Qty 15 4XG ESO GPS tracking devices @ $400 each and $300 annual subscription plus replacements for 3 years TOTAL
Organized Retail Theft Prevention Grant Program - Project Budget and Budget Narrative 44-Month Budget: October 1, 2023 to June 1, 2027
Fremont Police Department
2a. Services and Supplies
Name of Applicant:
(i.e., County Sheriff's Office, County Probation Department, or City Police Department) Subscription for Year 4, Year 5 and Year 6 @ $149,500 each year Budget Line Item
Note: Rows 7-16 will auto-populate based on the information entered in the budget line items (Salaries and Benefits, Services and Supplies, etc.) Cobwebs Intelligence Investigations Platform software
Peregrine Advanced Data Analystics software
Covert Tracking Devices
Dell Laptops/Docking Station/Monitors
RTIC Specialist (Year Three) FY25/26 1.0 FTE - step 4 plus estimated 5% salary increase per MOU from year prior RTIC Specialist (Year Four) FY26/27 - 6 months 1.0 FTE - step 5 plus estimated 5% salary increase per MOU from year prior RTIC Specialist (Year Four) FY26/27 - 6 months 1.0 FTE - step 5 plus estimated 5% salary increase per MOU from year prior
1.0 FTE - step 3 plus estimated 5% salary increase per MOU from year prior RTIC Specialist (Year Two) FY24/25
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Description of Professional Service(s) Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
3b. Professional Services Narrative
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$75,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Calculation for Expenditure
4a. Non-Governmental Organization (NGO) Subcontracts
Calculation for Expense
TOTALS
4b. Non-Governmental Organization (NGO) Subcontracts Narrative Enter narrative here. You may expand cell height if needed.
Description of Non-Governmental Organization
(NGO) Subcontracts
Description of Data Collection and Evaluation
5a. Data Collection and Evaluation
Data Evaluation Efforts Crime Analysts and Manager staff time to do evaluation efforts in relation to the grant TOTAL
The Haivision video wall will provide critical visual technology. A large-scale interface will deliver real-time video feeds and instant communications throughout Fremont and, potentially, the region.This multi-source display can identify important details and improve overall visual awareness when supporting officers engaged in ORT/CCT mitigation.
Peregrine enables FPD to synthesize data quickly and accurately from a wide variety of sources within the department including CAD, RMS, video feeds, digital evidence, FPD vehicle locations, ALPR, and geospatial information layers. We intend to use this as our real-time operational platform responding to ORT/CCT, but it is also essential to our day-to-day analysis. We currently use this for weekly deployment recommendations and to create many types of analytical products. Peregrine supports ORT/CCT crime reduction with in-depth analysis of ORT/CCT and crime maps of hotspot activity. It measures officer proactivity in these retail hotspots; allows for keyword search of license plates, monikers, etc to identify suspects; and streams video from select retail centers. It also facilitates information sharing as we can collaborate in shared workspaces with other users or disseminate crime analysis and intelligence products via the platform.
Cobwebs will assist ORT/CCT intelligence collection, analysis and investigation as a platform that searches and analyzes online data in various publicly available data sources. Data can be queried by keyword or geolocation and provide real-time alerts. Cobwebs may identifiy new ORT/CCT incidents and activity, suspects and criminal groups.This resource will support RTIC's objective of crime reduction, specifically focused on ORT/CCT.
Dell laptops (2), power efficient data processing laptops specially equipped for displaying multiple live video feeds. These are integral for fast and efficient searches of data and real-time video, in particular, that streaming of ORT/CCT related incidents often involves jumping from one camera location to the next.
Covert asset trackers can be inserted into various products at key retail locations and, if stolen, tracked by RTIC Specialists once the tracker breaks a designated geofence. GPS locations will display on a map. This could lead to ORT apprehension and returning inventory to retailers.
Enter narrative here. You may expand cell height if needed. 3a. Professional Services
Calculation for Expense
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) $0.00
$75,000.00
Description of Equipment/Fixed Assets Total
$535,000.00
$13,528.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$548,528.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
8a.Other (Travel, Training, etc.)
The Haivision video wall will provide critical visual technology. A large-scale interface will deliver real-time video feeds and instant communications throughout Fremont and, potentially, the region.This multi-source display can identify important details and improve overall visual awareness when supporting officers engaged in ORT/CCT mitigation.
The Motorola radios will provide necessary radio communications to the two RTIC Specialists so that they can communicate with officers and Dispatch, and be listening to the radio for traffic related to organized retail theft or catalytic converters.
TOTAL
7b. Financial Audit) Narrative:
Enter narrative here. You may expand cell height if needed. 8b. Other (Travel, Training, etc.) Narrative:
TOTAL
Visual Intelligence Wall
TOTALS
6b. Equipment/Fixed Assets Narrative
All one-time expenses for initial installation of hardware, software, and related components 6a. Equipment/Fixed Assets
Calculation for Expense
APX600 portable radios with encryption and programming - Qty 2 @ $6764 each 7a.Financial Audit
Description Calculation for Expense
Description Calculation for Expense
Motorola Portable Radios
5b. Data Collection and Evaluation Narrative
The ORT/CCT crime data analysis submitted for this application was conducted by FPD's crime analyst and will serve as a baseline for this project. The process included querying CAD/RMS data in designated retail hotspots via Peregrine. This query of 36 polygons bounding retail hotspots produced the number of incidents of ORT-related crime. This includes petty theft (PC 484A), grand theft (PC 487), shoplifting (459.5) and robbery (PC 211) Year over year comparisons of 2021 and 2022 were calculated as well as the first six months of 2022 to 2023. This work product is a saved report that can be queried anytime and will be used for weekly analysis and deployment recommendations. Also, this will be used for quarterly deliverables to the project for evaluation.
The Analyst also mainains a custom database exexclusively for catalytic converter thefts. This provides an accurate count of CCT theft as well as the frequency of repeat victims. Also noted is when firearms were used during the crime. Year over year comparisons of 2021 and 2022 were calculated as well as the first six months of 2022 to 2023.
Beyond statistical data, we plan to collect extensive qualititative data on RTIC operations to include the quality and effectiveness of deliverables to our officers in the field; perception of improved safety and enhanced decision making; value of investigative leads developed. We will seek feedback from our retail partners on engaged collaboration efforts and perception of safety. These data sets will assist with measuring ORT/CCT crime reduction, enhanced support to officers and increased ORT/CCT analysis and intelliigence, and strengthening our retail partherships, and community at large.
TOTALS
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Grant Funds Total
$0 $0
$0
$0 $0
$0
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9b. Indirect Costs Narrative:
Enter narrative here. You may expand cell height if needed. If using a federally approved indirect cost rate, please include the rate in the narrative.
Please see instructions tab for additional information regarding Indirect Costs. If the amount exceeds the maximum allowed and/or turns red , please adjust it to not exceed the line-item noted.
For this grant program, indirect costs may be charged using only one of the two options below:
1) Indirect costs not to exceed 10 percent (10%) of the total grant award. Applicable if the organization does not have a federally approved indirect cost rate.
If using Option 1) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs not to exceed 20 percent (20%) of the total grant award. Applicable if the organization has a federally approved indirect cost rate. Amount claimed may not exceed the organization's federally approved indirect cost rate.
If using Option 2) grant funds allocated to Indirect Costs may not exceed:
9a. Indirect Costs
Enter narrative here. You may expand cell height if needed.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Local Impact Letter
July 6, 2023
The Fremont Police Department does NOT anticipate that the Organized Retail Theft Prevention Grant Program project will have an impact on our various partners.
Respectfully Submitted,
Fremont Police Department
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT)
To: Board of State and Community Corrections
RE: The Organized Retail Theft Prevention Grant Program Date: June 22, 2023
This letter is being submitted to document that Peregrine Technologies, Inc. (“Peregrine”) agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by the Fremont Police Department.
As part of this grant, Peregrine agrees to support the Fremont Police Department to achieve its goals related to combatting Organized Retail Theft through the following capabilities and activities.
According to the National Retail Federation, organized retail theft (ORT) consists of large-scale, targeted thefts using methods of coordinated and planned attacks on retailers, along with fencing operations that convert large quantities of goods to cash. These criminal enterprises plan and execute these thefts across geographic areas, and the fencing of these goods occurs both in-person and online.
Investigating, arresting, and prosecuting the perpetrators—especially those leading the enterprises—requires advanced data operations, investigations and analytics tools. The Fremont Police Department (FPD) needs the ability to synthesize data quickly and accurately from a wide variety of sources within the department including CAD, RMS, various video feeds, digital evidence, FPD vehicle locations, Automated License Plate Readers (ALPR), and geospatial information layers. FPD also needs the ability to easily share information and collaborate in real-time with neighboring law enforcement agencies as individuals and groups engaged in ORT often operate regionally. Lastly, FPD analysts need modern technologies to proactively identify trends and patterns in ORT activity to better inform early FPD intervention and prevention strategies.
FPD seeks to utilize grant funding under this effort to fund a modern data integration, analysis, and collaboration platform from Peregrine. Peregrine provides a unified software platform, with included training and 24/7 customer support, from which a department can run its coordinated strategic response to ORT. Peregrine is a proven solution and is widely used by other California Law Enforcement agencies today for similar purposes.
Peregrine will enable all roles within FPD to better utilize data to tackle ORT activity:
• Real Time Information Center Staff will be able to have full, immediate situational awareness of incidents occurring throughout the jurisdiction and unified access to CAD, video, ALPR, FPD vehicle locations, and other information that provide a live picture of an incident and the FPD response. FPD is in the early stages of standing up its Real Time Information Center and Peregrine provides a critical capability that will be needed to mature and operationalize the department’s vision for that center.
• Patrol and dispatch will have real-time, streamlined access to vital information regarding involved people, premises, and vehicles, as disparate and siloed systems are integrated into a single platform that is also available on all mobile devices. Given how quickly these operations can move to commit these large-scale thefts and fence the stolen items, delays in retrieving vital information from disparate systems are extremely costly.
• Investigations will be able to develop leads more quickly as data is integrated and connected automatically. ORT enterprises operate within networks and repeat offenders are common.
Peregrine will help uncover hidden connections between individuals and groups through universal
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) 2 search, geospatial analysis, and network analysis that will lead to more cases closed quickly with greater confidence.
• Analysts will be able to spend less time gathering, cleaning, and linking data and more time on valuable analysis that can inform counter-ORT strategy. As FPD implements ORT prevention and intervention strategies, criminals will adjust - analysts will be able to quickly customize and modify crime maps, reports, and other analytical products within Peregrine to adjust rapidly to changes in ORT activity.
• Command Staff will be able to measure the results of decisions and strategies enacted, and pivot to put scarce resources toward the most impact approaches. The reporting functions within Peregrine will give them the information they need at their fingertips to make these difficult decisions in a data-driven manner.
• Interagency coordination and collaboration will be enabled and accelerated. Peregrine provides a single platform where we can share data with partner agencies, collaborate on investigations, and plan targeted enforcement in real-time.
Furthermore, Peregrine will provide the FPD a flexible foundation that can be used to understand and combat other significant criminal activity such as vehicle and catalytic converter theft, theft at commercial businesses, grand theft, and other crimes that impact commercial enterprise and economic activity within Fremont. Peregrine will provide a digital backbone that will allow FPD to tackle ORT and other high priority crimes today and align our technology investments with the departments long-term strategy and vision for improving quality of life for Fremont’s citizens.
Project Measurement:
In addition to providing a single platform for running FPD’s ORT response strategy, Peregrine will also provide the tools to measure the impact of this grant. The data sources and measurement criteria put forth in this application can be monitored and evaluated using the reporting and dash-boarding functions within the Peregrine software platform. For example, Peregrine can be used to develop comparative analysis reports of designated retail hotspots to measure and evaluate the impact of changes in policing activity and other strategies on ORT activity and other crime.
This will allow FPD to measure in real-time the impact of actions taken by the department, allowing us to ensure we are utilizing our scarce resources in the most efficient and effective manner possible.
Thank you,
Nick Noone
Co-Founder/CEO
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Policy
402
Fremont Police Department
Fremont PD CA Policy Manual
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Bias-Based Policing - 1
Bias-Based Policing
402.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Fremont Police Department's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). 402.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4).
Detention – a seizure of a person by an officer by means of physical force or show of authority that would result in a reasonable person believingthey are not free to leave or disregard the officer.
Explicit Bias – Conscious belief or attitude toward an individual, based on prejudice and stereotype, that may lead an individual to act in a discriminatory way.
Implicit Bias – Unconscious belief or attitude toward an individual, based on prejudice and stereotype, that may lead an individual to unknowingly act in discriminatory way.People are generally unaware of their implicit biases.Some may even hold contradictory conscious beliefs.
Stop – a detention by a peace officer of a person or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control. In addition to vehicle and pedestrian stops, this includes all calls for service resulting in a detention. 402.2 POLICY
The Fremont Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group.
Impact - External procedural justice focuses on the way the criminal justice system interactswith the community and how these interactions shape public trust.Fair and impartial policing is premised on understanding and acknowledging that human biases exist (President’s Task Force on 21st Century Policing, 2015). The impact of implicit and explicit bias policing, however, raises questions about equity and fair policing (Spencer et al., 2016).Further, it challenges the
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Fremont PD CA Policy Manual
Bias-Based Policing
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Bias-Based Policing - 2
tenets of procedural justice which includes voice, neutrality, respectful treatment to others and trustworthiness (Procedural Justice & Police Legitimacy Defined, n.d.). 402.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes.
402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
(a) In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity. 402.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.
402.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 402.4.2 REPORTING OF STOPS
Effective January 1, 2022, an officer conducting a stop of a person shall collect the data elements required by 11 CCR 999.226 for every person stopped and prepare a stop data report. When multiple officers conduct a stop, the officer with the highest level of engagement with the person shall collect the data elements and complete the report pursuant to this policy (11 CCR 999.227).
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Fremont PD CA Policy Manual
Bias-Based Policing
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Published with permission by Fremont Police Department
Bias-Based Policing - 3
If multiple agencies are involved in a stop and the Fremont Police Department is the primary agency, the Fremont Police Department officer shall collect the data elements and complete the report pursuant to this policy (11 CCR 999.227).
The stop data report should be completed by the end of the officer’s shift or as soon as practicable (11 CCR 999.227).
The reporting of data to the California Department of Justice shall begin on or before April 1, 2023.
An officer shall report data by selecting from an extensive list of responses for each of the categories of information, using check boxes to ensure the data collected is uniform for all officers.
When providing the reason for the stop and basis for the search (if one is conducted), the officer will be required to complete an explanatory field of no more than 250 characters to explain the reason for the stop. The regulations require the explanation to include details beyond those referenced in the general check boxes section. No personal identifying information for any parties should be included in this narrative.
402.5 DATA COLLECTED
The information required to be collected on each stop and reported to the Department of Justice (DOJ) includes information about the stop itself, the person stopped, and the officer making the stop. Specifically, the officer must report the following:
(a) Date, time, location and duration of the stop;
(b) Reason for the stop;
(c) Whether the stop was in response to a call for service (yes/no answer); (d) Result of stop (e.g., no action, warning, citation, property seizure, or custodial arrest, etc.),
1. If an arrest was made, the offense charged;
2. If a warning or citation was issued, the warning provided or violation cited; or
3. If an arrest was made, the offense leading to arrest. (e) "Actions Taken"
by officer during the stop including, but not limited to the following:
1. Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided;
2. Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any;
3. Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property; or
4. The following are examples of actions taken by the officer that require reporting:
(a) pointing a firearm at the person;
(b) handcuffing or flex cuffing;
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Fremont PD CA Policy Manual
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Bias-Based Policing - 4
(c) making an arrest.
(d) using a canine to bite/hold the person, etc.;
(e) using chemical spray on the person;
(f) using a baton or other impact weapon;
(g) using an impact projectile;
(h) using an electronic control device; or
(i) discharging or using a firearm.
5. When officers are executing warrants or search conditions or are on home detention or house arrest assignments, they shall only report stops of people in the home who are not the subject of the warrant. Etc., whom the officer takes action against as listed in this section.
6. When an officer stops a vehicle with a passenger in the car, the officer is required to report a stop of a passenger if the officer:
(a) observed or suspected the passenger of violating the vehicle code or any other applicable law or ordinance;
(b) obtained identifying information by requesting or demanding identifying information from a passenger who was not observed or suspected of violating the vehicle code or any other applicable law or ordinance; (c) handcuffed or flex cuffed the passenger;
(d) asked for consent to search the passenger;
(e) removed the passenger from the vehicle by order; or (f) any other action taken as listed in this section.
With respect to the person stopped. the officer must report their own perception, based upon personal observation only (and not through any other means. such as asking the person or referring to identification). regarding the following:
(a) Perceived race or ethnicity of the person stopped
(b) Perceived age of the person stopped;
(c) Perceived gender of the person stopped;
(d) Whether the person stopped is perceived to be lesbian, gay, bisexual, or transgender; (e) Whether the person stopped is perceived to have limited or no English fluency; and (f) Whether the person stopped is perceived or known to have a disability.
With respect to the officer making the stop, the officer must report:
(a) Years of experience;
(b) Type of assignment during the stop (e.g., patrol, traffic enforcement, field operations. narcotics/vice, investigative/detective, etc.); and
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Fremont PD CA Policy Manual
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Bias-Based Policing - 5
(c) An identification number assigned by DOJ to each officer which enables the State to analyze the stops made by the officer while protecting his/her identity.The Department is required to maintain a log of each officer and his/her identification number. 402.5.1 STOPS THAT ARE NOT REPORTABLE FOR RIPA PURPOSES The following is a list of contacts that are NOT reportable unless any specific actions are taken falling within the category of "Actions Taken" requiring reporting as defined in the "Data Collected" section of this policy:
(a) Stops made during public safety mass evacuations;
(b) Stops made during active shooter events;
(c) Stops made as the result of routine security screenings required of all people to enter a building or special event;
(d) Stops made of a person at their residence who is the subject of a warrant. search condition. home detention or house arrest;
(e) Passengers of vehicles who are not observed or suspected of violating the vehicle code or any other applicable law or ordinance
AND identifying information is not
obtained by the officer;
(f) Stops made during crowd control events; or
(g) Stops made at checkpoints or roadblocks in which all people are detained or people are being detained based on a neutral formula (e.g., a DUI sobriety checkpoint. where all vehicles are stopped or stops randomly selected vehicles using a neutral formula and not based on individualized suspicion or personal characteristics). 402.5.2 STOPS OF STUDENTS IN A K-12 PUBLIC-SCHOOL
Stops of students in a K-12 public-school are subject to different reporting requirements:
(a) In a K-12 public school, only the following interactions with students are subject to stop data reporting requirements:
1. An interaction resulting in temporary custody citation, arrest, permanent seizure of property as evidence of a criminal offense, or referral to a school administrator because of suspected criminal activity;
2. An interaction in which a student is questioned to investigate whether they committed any violation of law, including offenses listed under Education Code sections 48900, 4800.2, 4800.3, 4800.4, and 4800.7, or to determine whether the student is a truant;
3. Any interaction in which an officer takes any of the actions provided under the category of information entitled "Actions Taken" (as defined in the "Data Collected" section of this policy) excluding "none" and searches applied using a neutral formula.
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Fremont PD CA Policy Manual
Bias-Based Policing
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Bias-Based Policing - 6
402.6 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner. (b) Supervisors should periodically review in-car audio/video recordings, body-worn camera audio/video recordings, Mobile Digital Computer (MDC) data and any other available resource used to document contact between officers and the public to ensure compliance with the policy.
1. Supervisors should document these periodic reviews.
2. Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing.
402.7 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed by the Training Unit.
(a) All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing.
(b) Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c) Each sworn member of this department who received initial bias-based policing training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 402.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Office of Professional Standards and Accountability or Chief designee shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to DOJ for required reporting (Penal Code § 13012; Penal Code § 13020). See the Records Maintenance and Release Policy.
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Fremont PD CA Policy Manual
Bias-Based Policing
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Bias-Based Policing - 7
Supervisors should ensure that required data stop reports are provided to the Records Unit for required annual reporting to the DOJ (Government Code § 12525.5) (See Records Maintenance and ReleasePolicy).
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440
Fremont Police Department
Fremont PD CA Policy Manual
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
440.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 440.2 POLICY
The policy of the Fremont Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy and civil rights of the public.
All data and images gathered by the ALPR are for the official use of this department.
The Fremont Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq). 440.3 ADMINISTRATION
The ALPR technology allows for the automated detection of license plates. It is used by the Fremont Police Department to convert data associated with vehicle license plates for official law enforcement purposes; including identifying stolen or wanted vehicles, stolen license plates, wanted and missing persons. It may also be used to gather information related to active warrants, homeland security, suspect interdiction and stolen property recovery All installation and maintenance of ALPR equipment, as well as user access, shall be overseen by the Special Operations Division Commander. The Special Operations Division Commander will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and user access.
440.3.1 ALPR ADMINISTRATOR
The Special OperationsDivision Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
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Fremont PD CA Policy Manual
Automated License Plate Readers (ALPRs)
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Automated License Plate Readers (ALPRs) - 2
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's website.
440.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53)
(a) ALPR shall only be used for official law enforcement purposes. (b) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(c) ALPR data is accessible to Fremont police officers, community service officers, analysts, and dispatchers who have been trained by the designee of the Special Operations Division Commander.
(d) ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(e) While mobile ALPR-equipped cars may be used to canvass license plates around any crime scene, particular consideration should be given to canvass areas around homicides, shootings and other major incidents.
(f) Designation of hot lists to be utilized by the ALPR system shall be made by the Special Operations Division Commander or his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this Policy. These sources may include, but are not limited to:
1. DOJ Stolen Vehicles, as available;
2. DOJ Felony Wants, as available;
3. NCIC Wanted persons, as available;
4. NCIC Missing Persons, as available;
5. Fremont records identifying plates associated with criminal activity. (g) Officers should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
(h) To the greatest extent possible, vehicle and subject information will be verified from separate law enforcement information sources to confirm the vehicle or subject's identity and justification for contact. Users of ALPR data must, to the fullest extent possible, visually confirm that the plate characters generated by the ALPR readers correspond with the digital image of the license plate in question. (i) The following uses of the ALPR system are specifically prohibited:
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont Police Department
Fremont PD CA Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Automated License Plate Readers (ALPRs) - 3
1. Privacy: ALPR units may collect data that is within public view, but may not be used for the sole purpose of monitoring individual activities protected by the First Amendment to the United States Constitution.
2. Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.
3. Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.
4. Immigration Enforcement: The Fremont Police Department will, consistent with Government Code § 7284.8 (b), work to ensure that databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the sole purpose of immigration enforcement.
440.5 DATA COLLECTION AND RETENTION
The Special Operations Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from ALPR equipment to the designated storage in accordance with department procedures and the policy of the Northern California Regional Intelligence Center (NCRIC).
All ALPR data transferred to the NCRIC server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the NCRIC policy. Thereafter, ALPR data should be purged. When ALPR data has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records, the applicable data should be downloaded from the server and booked into evidence.
440.6 ACCOUNTABILITY AND SAFEGUARDS
All data will be closely safeguarded and protected by both procedural and technological means.
The Fremont Police Department will observe the following safeguards regarding access to and use of data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).
(b) All ALPR data accessed by a mobile or stationary workstation shall be accessible only through a login/password-protected system, most commonly web-based, capable of documenting all access of information by name, date, time and purpose. (Civil Code § 1798.90.52). In addition, a report number or incident number is required; or in circumstances when that is not available, detailed descriptors associated to the incident.
(c) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont Police Department
Fremont PD CA Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Automated License Plate Readers (ALPRs) - 4
relates to a specific criminal investigation or department-related civil or administrative action.
(d) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies at any time for legitimate law enforcement purposes. (e) ALPR data contains no Personally Identifiable Information (PII) that may be used to connect license plate detection to an individual.It is only with permissible purpose that an investigator may make this connection (using other law enforcement systems) and this access is already governed by the Federal Driver's Privacy Protection Act (DPPA). (f) ALPR system audits will be conducted no less than every twelve months. 440.7 TRAINING
The Special Operations Division Commander’s designee will ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Policy
356
Fremont Police Department
Fremont PD CA Policy Manual
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Community Camera System - 1
Community Camera System
356.1 PURPOSE AND SCOPE
The City of Fremont operates a Community Camera System for the purpose of identifying criminal offenders and creating a safer environment for all those who live, work and visit the City. This policy explains the purpose of the cameras and provides guidelines for the capture, storage and use of the video and images.
356.2 POLICY
Community cameras, which include both IP video cameras and Automated License Plate Reader (ALPR) cameras, may be placed in strategic locations throughout the City with approval of the Chief of Police. These cameras will primarily be positioned at entrance and exit points to the City, such as freeway on-ramps and major roadways. The Community Camera System is designed to identify and alert officers to criminal offenders and their vehicles by positioning an ALPR camera to capture a vehicle’s license plate while also positioning an IP camera to capture physical descriptions of occupants inside the vehicle. Though there maybe instances when these cameras will be monitored in real time, the primary use will be the historical retrieval of video and ALPR images after a crime has been reported.
The ALPR technology allows for the automated detection of license plates. It is used by the Fremont Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. The policy of the Fremont Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. Due to the fact that this data may contain investigative and confidential information, it is not open to public review.
No person shall access any information from the Community Camera System without lawful authority and a valid law enforcement purpose.
356.3 RESPONSIBILITIES
(a) It shall be the responsibility of this department to ensure that the Community Camera System equipment is properly installed according to the manufacturer’s recommendations and is directed to only record areas in the public view.
(b) Community Camera System Project Manager Responsibilities:
1. Establish policy and procedures for the use of the Community Camera System.
2. Oversight of the Community Camera System.
3. Provides users access to the Community Camera System.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont Police Department
Fremont PD CA Policy Manual
Community Camera System
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Community Camera System - 2
4. Shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. g) Ensuring this policy and related procedures are conspicuously posted on the department’s website.
(c) IT/System Administration Responsibilities
1. Work with the vendor, to make changes to the Community Camera System based on policy decisions by the Chief of Police.
2. Document all changes with a Change Control Request Form.
3. Keep Manual and Training tools up to date.
4. Ensure system is up to date and operational with software patches. (d) Supervisor’s Responsibilities:
1. The supervisor is responsible for making sure the Community Camera System is used in accordance with departmental policy.
(e) Officer’s Responsibilities:
1. The officer may review and view video footage or still images only for legitimate law enforcement purposes after being properly trained.
2. The officer is responsible for using the Community Camera System in accordance with department policy.
3. The officer shall report any malfunctions, damage, or problem with the system to his/her supervisor and the Community Camera System Project Manager. (f) Records Unit Responsibilities:
1. The Records Unit will confer with the City Attorney’s office to fulfill Public Records Act requests when it meets the criteria to release the information.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont Police Department
Fremont PD CA Policy Manual
Community Camera System
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Community Camera System - 3
(g) Property Unit Responsibilities:
1. The Property Unit will fulfill requests for recorded video images from other government agencies or by the submission of a court order or subpoena as long as the request falls within the guidelines set forth by the Chief of Police and the City Attorney’s Office. 356.4 PROCEDURE
The following procedures have been established for the effective operation of the Community Camera System.
356.4.1 MONITORING
Video from the IP cameras will be recorded on a 24-hour basis. Still images from the ALPR cameras will be recorded based on motion within the detection range of each camera. The video from the IP cameras will be stored locally on a hard drive for a period of 30 days. Access to the video can be done remotely and will be limited to individuals authorized by the Chief of Police who have been trained in the proper operation of the system. The images from the ALPR cameras will be transmitted to the Northern California Regional Intelligence Center (NCRIC) and will remain within their searchable database for a period of one year. Access to these images is detailed within the policies and procedures set forth by the NCRIC.
The Community Camera System only captures still images and video and does not record audio.
Recorded images and video may only be used for legitimate law enforcement purposes to include, but not limited to:
(a) To assist in identifying, apprehending and prosecuting offenders. (b) To assist in gathering evidence for criminal and civil court actions. (c) To alert law enforcement to the presence of a stolen or wanted vehicle. (d) To assist law enforcement to the presence of a vehicle associated to an Amber Alert. 356.4.2 PROHIBITED ACTIVITY
Video monitoring and retrieval will be conducted in a professional, ethical and legal manner. The Community Camera System will not be used to invade the privacy of individuals, to view private areas or areas where the reasonable expectation of privacy exists. The Community Camera System will not record audio. All reasonable efforts will be taken to protect these rights. Video monitoring shall not be used to harass, intimidate or discriminate against any individual or group.
Department personnel may not possess, send, release, post to the internet, or otherwise utilize images or video captured except for legitimate law enforcement purposes and as authorized by 378.5
356.5 MEDIA STORAGE AND RETENTION
All IP video will be stored on a local hard drive with access restricted to authorized persons.
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont Police Department
Fremont PD CA Policy Manual
Community Camera System
Copyright Lexipol, LLC 2023/02/02, All Rights Reserved.
Published with permission by Fremont Police Department
Community Camera System - 4
Video recordings not otherwise needed for official reasons shall be retained for a period of no more than 30 days before being automatically overwritten by the system. Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures.
The images from the ALPR cameras will be automatically transmitted to the Northern California Regional Intelligence Center (NCRIC) and the information will never be stored by the City. The images will remain within NCRIC’s searchable database for a period of one year before being purged. Access to these images is detailed within the policies and procedures set forth by the NCRIC.
356.6 REVIEW OR RELEASE OF VIDEO IMAGES
The review of the Community Camera System video shall be done only by those with authorization from the Chief of Police. Video images needed for a criminal investigation or other official reason shall be downloaded and booked in accordance with current departmental evidence procedures listed in Lexipol 804.
The review of the Community Camera ALPR data can be accomplished by any employee who has been properly trained and agreed to the rules and regulations established by the Northern California Regional Intelligence Center (NCRIC) in the Memorandum of Understanding. 356.6.1 PUBLIC AND OTHER AGENCY REQUESTS
The Property Unit will be responsible for processing all Public Records Act requests, subpoenas, and District Attorney requests for recorded video images captured by the Community Camera System.
356.7 AUDIT OF THE COMMUNITY CAMERA SYSTEM
Access to the Community Camera system is recorded and subject to periodic audit and review by the system administrator and as otherwise necessary to verify purpose and authority of viewing. 356.8 TRAINING
The Training Sergeant should ensure that members receive department-approved training forthose authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code §1798.90.53).
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
APPENDIX A: Organized Retail Theft Grant Program Scoring Panel Roster Name Title Organization / Agency
1 Ryan Allain Director Government Affairs, California Retailers Association
2 Chesa Boudin Executive Director Criminal Law & Justice Center – UC Berkeley School of Law
3 Michelle Brown Retired Chief Probation Officer San Bernardino County 4 Derek Casebeer Chief Deputy Sacramento County Probation Department
5 Tracie Cone Public Information Officer Board of State and Community Corrections
6 Jason Craven Officer CA Highway Patrol Organized Retail Crime Task Force & Sacramento County
Auto Theft Suppression Task Force
7 Jason Daughrity Retired CHP Captain Commander of Field Support Section 8 Sandra Dinong Associate Governmental Program
Analyst
Board of State and Community
Corrections
9 Evonne Garner Retired Deputy Director Board of State and Community Corrections
10 Mary Jolls Retired Deputy Director Board of State and Community Corrections
11 Nicole Kirkaldy Restorative Justice and Diversion
Program Director
Yolo County District Attorney's Office
12 Mercedes Morales Associate Governmental Program
Analyst
Board of State and Community
Corrections
13 Ryan Okimura Staff Services Manager I Board of State and Community Corrections
14 Nancy O’Malley Retired District Attorney Alameda County
15 Chelsea Paez Staff Services Manager I Board of State and Community Corrections
16 Bao Phan Associate Governmental Program
Analyst
Board of State and Community
Corrections
17 Rodney Rego Captain Elk Grove Police Department
18 Michelle Solorzano Sr. Project Manager City of El Monte 19 Ashley Taylor Associate Governmental Program
Analyst
Board of State and Community
Corrections
20 Eric Taylor Sheriff San Benito County
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont PD
BSCC 1152-23
APPENDIX B: Grantee Assurance for Non-Governmental Organizations The Organized Retail Theft Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations (NGOs) 1 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:
Any non-governmental organization that receives Organized Retail Theft Grant Program Grant funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement; • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and • Have a physical address within California. (An agent for service of process with a California address is insufficient.)
Completing the NGO Assurance (Following Page)
1. Provide the name of the Applicant Agency (the Grantee),
2. List all contracted parties (if known),
3. Check Yes or No to indicate if each contracted part meets the requirements
4. Sign and Submit to the BSCC
NOTE: If the name of the contracted party is unknown or if there will be no contracted parties. Write N/A in the “Name of Contracted Party” field and sign the document.
1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.
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BSCC 1152-23
APPENDIX B: Grantee Assurance for Non-Governmental Organizations Provide your agency name and in the table list information for all contracted parties.
G
rantee:
*Grantees are required to update this list and submit it to BSCC any time a new third- party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A s
ignature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
STREET ADDRESS CITY STATE ZIP CODE
EMAIL ADDRESS
SIGNATURE DATE
X
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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Attachment: 23-27 ORTP Grant Agreement - Fremont Police Department 1152-23 (5009 : ACCEPTANCE OF BSCC ORT GRANT) Attachment E-2
1 ORGANIZED RETAIL THEFT PREVENTION GRANT PROGRAM
PROPOSALS RECOMMENDED FOR FUNDING
Proposals in Rank Order by Scope Category
Total Available Funding: $242,250,000
Large Scope Request Category Proposals in Rank Order for Funding Available Category Funding: $156,500,000
Rank Applicant
Funding
Amount
Requested
Recommended
Funding
Amount
1 San Mateo County Sheriff $15,643,538 $15,643,538
2 Ventura County Sheriff $15,650,000 $15,650,000
3 San Francisco Police Department $15,326,301 $15,326,301 4 Fresno Police Department* $23,663,194 $23,663,194
5 Los Angeles Police Department $15,650,000 $15,650,000 6 Sacramento County Sheriff $9,424,987 $9,424,987
7 San Jose Police Department $8,489,349 $8,489,349
8 Orange County Sheriff $15,127,350 $15,127,350
9 Bakersfield Police Department $6,203,009 $6,203,009 10 Los Angeles County Sheriff $15,650,000 $15,650,000
11 Santa Clara County Sheriff $11,767,578 $11,767,578
Total $152,595,306
*Fresno Police Department is a multi-agency proposal.
Large Scope Category has a total of $3,904,694 in remaining funds. Funds will be used to fund additional qualified applicants in the Medium Scope Category.
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Attachment: Attachment-E-2-Organized-Retail-Theft-Prevention-Grant-Funding-Award-Recommendations (5009 : ACCEPTANCE OF BSCC ORT Attachment E-2
2 Medium Scope Request Category Proposals in Rank Order for Funding Available Category Funding: $85,750,000
Additional Funds from Large Scope Category Funding: $3,904,694 Total Available Funding: $89,654,694
Rank Applicant
Funding
Amount
Requested
Recommended
Funding
Amount
1 Coalinga Police Department $1,745,015 $1,745,015
2 Modesto Police Department $6,003,419 $6,003,419
3 Riverside County Sheriff-
Jurupa Valley Station $2,219,710 $2,219,710
4 Santa Monica Police Department $6,125,000 $6,125,000 5 Roseville Police Department $609,147 $609,147
6 Palm Springs Police Department $4,559,233 $4,559,233 7 Hemet Police Department $2,500,065 $2,500,065
8 National City Police Department $935,100 $935,100
9 Anaheim Police Department $6,104,863 $6,104,863
10 Citrus Heights Police Department $2,752,138 $2,752,138 11 Newark Police Department $986,444 $986,444
12 Delano Police Department $633,761 $633,761
13 Beverly Hills Police Department $4,534,580 $4,534,580 14 Salinas Police Department $3,573,307 $3,573,307
15 Daly City Police Department** $8,033,830 $8,033,830 16 Palo Alto Police Department $5,176,812 $5,176,812
17 Brea Police Department $5,941,357 $5,941,357
18 San Fernando Police Department $494,964 $494,964
19 Garden Grove Police Department $1,302,231 $1,302,231 20 San Ramon Police Department $5,616,613 $5,616,613
21 Costa Mesa Police Department $3,518,133 $3,518,133 22 Chula Vista Police Department $3,037,986 $3,037,986 23 Santa Rosa Police Department $560,653 $560,653
24 Vacaville Police Department $4,432,444 $4,432,444
25 Fremont Police Department $2,453,958 $2,453,958
26 Irvine Police Department $5,403,369 $5,403,369
27 Campbell Police Department^ $5,946,804 $400,561
Total $89,654,694
**Daly City Police Department is a multi-agency proposal. ^Campbell Police Department will be offered partial funding.
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Attachment: Attachment-E-2-Organized-Retail-Theft-Prevention-Grant-Funding-Award-Recommendations (5009 : ACCEPTANCE OF BSCC ORT Attachment E-4
Senate Bill 154
5227-117-0001—For local assistance, Board of State and Community Corrections ........................ 85,000,000
Schedule:
(1) 4945-Corrections Planning
and Grant Programs
........................ 85,000,000
Provisions:
1. The amount appropriated in this item shall be for competitive grants for city police, county sheriffs’ departments, and probation departments. These law enforcement agencies may apply
individually or on behalf of a group of entities that includes other law enforcement agencies or non -law-enforcement entities, including, but not limited to, community -based organizations or prosecutors’ offices.
2. Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Permissible uses of grant funds include, but are not limited to, purchase of technology or other equipment to help deter strategies for preventing or responding to crime. These funds shall be used to supplement and not supplant existing funds for these activities.
3. All entities receiving grant funding shall be required to comply with all applicable privacy laws and regulations.
4. Grants shall be made on a competitive basis to localities that can demonstrate, using data, that organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft pose a significant problem in their jurisdictions.
5. An applicant shall submit a proposal, in a form prescribed by the Board of State and Community Corrections, which shall include, but not be limited to, the following:
(a) Data demonstrating the nature and scale of the specific crime problem, which the applicant proposes to address
using grant funds.
(b) Clearly defined and measurable objectives for this grant.
(c) A description of how the applicant proposes to use the grant funds to achieve the stated objectives, including any plans
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Attachment: Attachment-E-4-Senate-Bill-154-Organized-Retail-Theft-Prevention-Grant-Program (5009 : ACCEPTANCE OF BSCC ORT GRANT) Attachment E-4
to coordinate or collaborate with other entities such as public agencies, community organizations, or retailers.
(d) A discussion of research or other evidence indicating that the proposed activities would likely achieve the intended objectives.
(e) A discussion of how the applicant plans to sustain the proposed activities after grant funds expire or an
explanation of why proposed activities are limited term in nature.
(f) A description of existing or proposed policies to limit racial bias in utilizing these funds.
(g) If proposing an investment in surveillance technologies, a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data collected or stored.
6. The Board of State and Community Corrections shall post to its public website all applications received.
7. In awarding grants, the Board of State and Community Corrections shall give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in reducing organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft.
8. Each grantee shall report to the Board of State and Community Corrections, in a form and at intervals prescribed by the board, their progress in achieving the grant objectives.
9. The Board of State and Community Corrections shall, by no later than 90 days following the close of each grant cycle, prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code regarding the impact of the initiatives supported by the grant. This report, at minimum, shall include: (a) Grant recipients and the amount awarded to each; (b) How the funding was used; (c) What outcomes and objectives were achieved.
10. Upon order of the Director of Finance, up to 5 percent of the amount appropriated in Schedule (1) shall be transferred to Schedule (1) of Item 5227 -001-0001 for costs to administer the grant program. Funds transferred pursuant to this provision are available for encumbrance or expenditure until June 30, 2027.
11. Any unspent funds identified in Schedule (1) shall revert to the General Fund as of June 30, 2027.
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Attachment: Attachment-E-4-Senate-Bill-154-Organized-Retail-Theft-Prevention-Grant-Program (5009 : ACCEPTANCE OF BSCC ORT GRANT) Attachment E-3
1 ORGANIZED RETAIL THEFT VERTICAL PROSECUTION GRANT PROGRAM Project Summaries (in alphabetical order)
Anaheim City Police Department - $6,104,863
The Anaheim Organized Retail Theft (ORT) High Intensity Investigation Project will create a new dedicated ORT Task Force in response to the drastic 47% spike in ORT crimes occurring in Anaheim over the last 18 months. The Task Force will increase the number and intensity of ORT investigations by 500% (from one dedicated staff to six), conduct a formal retailer outreach initiative to strengthen communications between the police department and retailers, and improve public awareness that Anaheim has a new, intense focus on fighting ORT.
Bakersfield City Police Department - $6,203,009
The project aims to reduce organized retail theft (ORT), and motor vehicle and accessory theft. Through targeted enforcement efforts, collaboration with retailers, existing diversion programs, and the use of advanced surveillance technology, the project will reduce ORT incidents, decrease motor vehicle and accessory thefts, and prevent repeat offenses by juvenile and first -time offenders. The project will leverage existing partnerships and employ data-driven strategies while seeking support for staffing, equipment procurement, and training, ensuring the successful implementation and sustainability of the program.
Beverly Hills City Police Department - $4,534,580
This grant will leverage and expand the City of Beverly Hills’ available resources for a regional and statewide benefit. Our goal is to create a dynamic model for other agencies to maximize return on investment for their specific environments. The Real Time Watch Center, utilizing over 35 different technologies, has improved our ability to rapidly respond, apprehend suspects and develop follow-up investigative leads. We have hosted over 60 law enforcement agencies and more than 250 people during our first year of operation. Our success supporting retail flagship stores and brands from around the world can be duplicated by other agencies throughout the state.
Brea City Police Department - $5,941,357
The incidence of retail theft-related crime, motor vehicle theft, and cargo theft are on the rise in the City of Brea. Because of this problem, the City of Brea, in partnership with the Brea City Police Department, seeks to create an Integrated Crime Center which can be used as both an investigative tool to solve reported crimes and a real -time incident monitoring center. The project involves many components including software, office space, video management and storage, automated license plate reader cameras, and unmanned aircraft systems. The goal of the project is to reduce the prevalence of these types of crimes.
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Attachment: Attachment-E-3-Organized-Retail-Theft-Prevention-Grant-Project-Summaries (5009 : ACCEPTANCE OF BSCC ORT GRANT) Attachment E-3
2 Chula Vista City Police Department - $3,037,986
This grant will assist the Chula Vista Police Department to combat vehicle theft and vehicle accessory theft within the city. The City of Chula Vista has a population of over 279,000 people and unfortunately, we experience a high rate of vehicle and accessory theft. Just in the last year, there have been 995 reports of vehicle theft and approximately 180 reports of catalytic converter theft in the city. With the assistance of this grant and the tools we will utilize, we will be able to take a proactive approach at lowering the amount of vehicle and accessory theft occurring. This will provide a positive impact to the community.
Citrus Heights City Police Department - $2,752,138
The Citrus Heights Police Department (CHPD) is seeking funding to install 98 Flock Safety Falcon cameras and 11 Flock Safety Condor PTZ cameras in strategic locations throughout the city to create an enhanced video wall with innovative Live 911 service, and to acquire six mobile security camera trailers to enhance CHPD’s capacity to detect, respond to, and investigate instances of organized retail theft, motor vehicle theft, and motor vehicle accessory theft.
Coalinga City Police Department - $1,745,015
The Coalinga Police Department (CPD) seek s grant funding to implement proven organized retail and motor vehicle theft prevention strategies including: installing 36 video surveillance cameras, including nine cameras with License Plate Capture; hiring two new sworn personnel to ensure full utilization of new camera data; procuring four computers and two vehicles to support new personnel; and implementing community outreach programs. These activities will provide critical force multipliers, strengthening the CPD’s ability to prevent and respond to property thefts, thus protecting lives and property in the city.
,
Costa Mesa City Police Department - $3,518,133
To reduce organized retail theft, vehicle theft and vehicle accessory theft, the Costa Mesa Police Department will use grants funds to implement theft reduction strategies. The proposed program will focus on prevention, apprehension, collaboration, and enhanced law enforcement efforts. These strategies will include increasing directed enforcement, educating the public and retail partners, and acquiring technologies and additional training to increase investigative capabilities.
Daly City City Police Department - $8,033,830 (Multi-Agency Proposal)
The Daly City Police Department (DCPD) is partnering with San Bruno and San Mateo Police Departments. Together, the se agencies will launch a coordinated and strategic effort to address and prevent retail and vehicle/accessory theft in the region. Community Service Officers, an Organized Retail Theft (ORT) Task Force, DCPD Motor Vehicle Theft (MVT) and Motor Vehicle Accessory Theft (MVAT) Operations, Community Awareness
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3 Campaigns, and technologies such as Starchase, C3 investigative tools, and automatic license plate readers will enhance efforts to protect and serve. The initiative will reduce ORT, MVT, and MVAT in partnering jurisdictions, improving the safety and security of residents and retailers alike.
Delano City Police Department - $633,761
The City of Delano and the Delano Police Department (DPD) seek funding to install 25 Flock cameras at retail locations throughout the city. The DPD will also purchase two patrol vehicles equipped with license plate readers and one drone including the hiring, training, and certifying the drone operator. By implementing these proven theft prevention technologies, the proposed project will improve real-time surveillance and response capabilities, resulting in increased deterrence of organized retail and auto theft and higher arrest rates. These investments will strengthen the city's ability to combat organized retail and auto theft, creating a safer Delano.
Fremont City Police Department - $2,453,985
The Fremont Police Department is highly motivated to implement an operational Real- Time Information Center. Our strong foundation includes an extensive camera network, a real-time data integration platform, an upstart Drone as a First Responder program, a specialized technology detective, and a supportive city council. With a newly assigned Organized Retail Theft (ORT) detective and numerous technology assets, we look forward to applying intelligence -led and data-driven methods to serve our community in preventing and reducing ORT. We are pursuing funds to help us execute this plan to support our officers, community, and the region.
Fresno City Police Department - $23,663,194 (Multi-Agency Proposal)
The Fresno Police Department , Clovis Police Department , Fresno County Probation Department, and Fresno County District Attorney's Office will establish the Fresno Metropolitan Area Organized Retail Task Force. This collaborative task force in the Central Valley aims to combat and prevent organized retail theft (ORT), vehicle thefts and catalytic converter thefts through enforcement, education, training, and the implementation of advanced technology. By dedicating and focusing on the most prevalent offenders, the task force endeavors to effectively combat ORT and auto theft, safeguard the community, and reduce the financial and societal impact of these crimes.
Garden Grove City Police Department - $1,302,231
The Garden Grove Organized Retail Theft Grant's purpose includes programs that assist law enforcement agencies with deterring motor vehicle or motor vehicle accessory theft and assist with investigations of motor vehicle and motor vehicle accessory theft. The Garden Grove Police Department is seeking funds for Flock Safety License Plate Readers to be placed throughout the city and for monthly directed enforcement operations to combat vehicle theft and vehicle accessory theft.
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4 Hemet City Police Department - $2,500,065
The Hemet Police Department (PD) will conduct a 4-year wholistic initiative to prevent organized retail theft (ORT). The PD will create a public education/deterrence campaign, train retailers on principles of Crime Prevention Through Environmental Design, establish an anti-ORT task force comprised of law enforcement officers and retail representatives, install 25 more community cameras in key locations, use gateway technology so the PD can view footage from retailers’ private cameras, assign a full time Investigator and Crime Analyst, and provide evidence to the D istrict Attorney’s office while pursing pretrial diversion solutions whenever possible.
Irvine City Police Department - $5,403,369
The Irvine Police Department requests funding to establish a Real -Time Crime Center (RTCC). A RTCC has numerous benefits to law enforcement and community safety. It has been shown to increase apprehension of criminal suspects and reduce the occurrence of future criminal activity. The RTCC will be dedicated to reducing and preventing crime with a focus on current crime trends including organized retail theft, motor vehicle theft, and motor vehicle accessory theft. RTCCs combine state -of-the-art technology, historical data, real-time data, crime series intelligence, analysis, and collaboration to make a substantial impact on these pressing issues.
Los Angeles City Police Department - $15,650,000
The Los Angles City Police Department ’s Project Blue Light will use funds to prevent, mitigate, and investigate organized retail theft (ORT), motor vehicle theft (MVT), and cargo theft (CT). Project Blue Light is an evidence -based strategy that is built on the department’s collaborations with businesses across the city. It will achieve three goals:
reduce crimes, especially ORT, MVT, and CT, through prevention and intervention by implementing Project Blue Light ; solve more ORT, MVT, and CT crimes by improving police investigations through Project Blue Light ; and i ncrease cooperation between business owners, communities, and the police.
Los Angeles County Sheriff’s Department - $15,650,000
The Los Angeles County Sheriff’s Department (LASD) will utilize funds from this grant to create a fully staffed and equipped investigative unit with the ability to specifically focus on organized retail theft, cargo theft, and automobile/automobile accessory theft with an innovative and judicious approach. The goal of the LASD is to reduce and prevent these types of crimes within our policing areas, and to improve the quality of life for the residents and businesses we serve.
Modesto City Police Department - $6,003,419
The Modesto Police Department has developed a program to combat organized retail theft, motor vehicle theft, and motor vehicle accessory theft. The Modesto’s Retail and Motor Vehicle Theft Program implements a 5 -pronged approach: community outreach;
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5 collaboration with retailers; leveraging of equipment and technology; use of social media; and directed enforcement. Modesto’s plan capitalizes on experience, capacity, relationships with key stakeholders including allied agencies and the District Attorney’s Office, strong ties with the community , and the ability to identify current and emerging trends to rapidly deploy resources.
National City City Police Department - $935,100
The National City Police Department will use grant funds to reduce organized retail theft, vehicle theft, and vehicle accessory theft. The goal is to reduce property crime in National City. With the funding, the department will be able to enter into a service contract agreement with Flock Safety, Inc. to utilize their technology which will include automatic license plate readers, live video, integrations ( automotive vehicle locating, computer aided dispatch, and more) that alerts the National City Police Department when incidents occur.
Newark City Police Department - $986,444
The Newark Vehicle and Accessory Theft Prevention Program will leverage technology and community partnerships to provide comprehensive, evidence-based public safety services to prevent vehicle and accessory theft. Efforts will include an increased use of community cameras and automated license plate readers, District Attorney’s Office collaboration, a catalytic converter identification system with outreach prioritized to victims, and a social media campaign to raise program awareness. The program aims to increase the number of cases sent for prosecution, reduce vehicle and accessory theft, and improve community satisfaction of public safety services.
Orange County Sheriff’s Department - $15,127,350
The Orange County (OC) Sheriff's Department proposes implementing a Real -Time Operations Center to increase awareness by encouraging residents to take action to reduce the opportunity for thieves. The goal is to install cameras on the most commonly used roads to analyze theft patterns and implement a catalytic converter etching program to combat the rise of thefts and deter criminals by strengthening the capability for apprehension. The OC Sheriff will coordinate with government officials in operational areas, the District Attorney's Office, and community organizations to allow law enforcement to identify thieves and provide admissible evidence for prosecution.
Palm Springs City Police Department - $4,559,233
PSPD proposes a comprehensive crime prevention model designed to address theft in retail establishments, theft of vehicles and catalytic converters. Our model incorporates a range of activities, services, and interventions aimed at reducing crime and enhancing community safety while not focusing solely on the criminal justice system. PSPD views apprehension as a short -term strategy. Prevention through problem -solving and situational crime prevention is a long-term approach with a proven track record of
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6 sustained reductions in crime. PSPD seeks to prevent crime through enhanced prevention strategies, enhanced community policing, and collaboration.
Palo Alto City Police Department - $5,176,812
The Palo Alto Organized Retail Theft and Motor Vehicle Recovery Project will utilize data driven and field-tested strategies to deter organized retail and vehicle theft and arrest those responsible. The project focuses on two primary components - targeted ORT operations and technology modernization. The Palo Alto Police Department is requesting staffing costs for 10 hours a day of targeted ORT operations at key “hot -spot” locations and the installation of Starchase technology on 25 Palo Alto Police Department patrol vehicles, as well as minor computer equipment, software, and operational costs.
Riverside County Sheriff’s Office - $2,219,710
The Riverside County Sheriff’s Office and the Jurupa Valley Station’s Organized Theft Prevention (OTP) Project will address the increasing organized motor vehicle and retail theft within Jurupa Valley. The project includes installing 60 Flock Cameras, each equipped with License Plate Capture Technology, and creating a Small Business Retail Theft Prevention Campaign. The force multiplier capabilities of the OTP Project will improve operational efficiency and strengthen the department's abilities to investigate, apprehend, and prosecute motor vehicle and retail perpetrators throughout the City of Jurupa Valley.
Roseville City Police Department - $609,147
The Roseville Police Department commits itself to safeguarding our community, protecting life and property , reducing crime, and enforcing the law impartially. To better accomplish this mission, the police department will use Organized Retail Theft Grant funds to purchase investigative tools and conduct additional enforcement activities that would otherwise not be possible through general fund expenditures. By increasing the investigative capacity of the Roseville Police Department, we anticipate achieving a higher level of success in both preventing theft related activities and solving theft related cases.
Sacramento County Sheriff’s Office - $9,424,987
Sacramento County is plagued by retail theft, and retailers report record amounts of lost inventory and dollars. The Sacramento County Sheriff’s Office Property Crimes Unit is aware of the problem and is determined to prevent organized retail theft (ORT). This project approach is two-pronged to address the need to act and deter, enforce, prevent, and respond to ORT through public awareness (social media, community outreach) and deterrence-enforcement-prevention-response (surveillance). Targets include a 20% increase in ORT arrests, training for 80 loss prevention managers, creating an ORT Task Force, and increasing awareness of ORT and ways to respond in Sacramento County.
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7 Salinas City Police Department - $3,573,307
The Salinas Police Department will develop an Organized Retail Crime (ORC) and Motor Vehicle Theft Prevention Program to implement new and enhance current strategies to respond to the growing threat of organized retail crime and continuing high rate of motor vehicle theft. At the heart of the program will be the ORC Team composed of detectives, sworn officers, and civilian Investigative Specialists who will focus on increasing investigations, apprehensions, and recovered property. Their efforts will be technologically supported using merchandise tracking systems, license plate reader cameras, forensic equipment, and data extraction tools.
San Fernando City Police Department - $494,964
The San Fernando Police Department’s Theft Prevention Project is a comprehensive initiative aimed at enhancing public safety, reducing organized theft, and combating the rising theft of catalytic converters in our community. By leveraging advanced technology and community engagement with the installation of Flock Cameras and the implementation of a catalytic converter etching program, we seek to create a sustainable solution that addresses these pressing concerns, empowers our community, reduces crime rates, improves safety and security for residents, increases efficiency in law enforcement, and generates financial savings for individuals and businesses.
San Francisco City/County Police Department - $15,326,301
The San Francisco Police Department will use grant funding to support proactive policing operations targeting organized retail crime and motor vehicle accessory (catalytic converter) theft. Funds will support blitz operations, training, equipment, community engagement, and more, focusing on organized retail crime in the Union Square commercial district, fencing activity supporting organized retail crime in the Mid -Market district, organized retail crime at neighborhood hotspots, and city-wide catalytic converter theft. Efforts will be directed in partnership with the San Francisco District Attorney and California Highway Patrol.
San Jose City Police Department - $8,489,349
The San Jose Police Department (SJPD) program’s goal is to reduce organized retail theft within the City of San Jose, increase prosecution, and collaborate with allied agencies and retail partners. The city has seen a 95% increase in grand theft shoplift from 2021 to 2022. This grant will enable SJPD to direct personnel resources, acquire innovative technology tools, provide training, and other resources to target organized retail theft crime.
San Mateo County Sheriff’s Office - $15,643,538
Together, the Sheriff’s Office, the Northern California Regional Intelligence Center, the Vehicle Theft Task Force, and county law enforcement agencies will execute a strategic effort to prevent and respond to organized retail theft, motor vehicle, and accessory theft,
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8 and cargo theft in San Mateo County as well as the Federal Northern District of California via the following key initiatives: Organized Retail Crime – Incident and Threat Reporting Exchange; Regional Automated License Plate Reader Data Sharing Platform ; Countywide Investigations, Data Sharing and Reporting Platform ; Forensic Laboratory Information Management System ; Digital Forensics ; and Investigative Solutions Technology Sustainment Team.
San Ramon City Police Department - $5,616,613
The San Ramon Police Department is seeking grant funding to implement a comprehensive program to combat organized retail theft. The program will include: adding additional automated license plate readers ; supplementing our current Drone program ; implementing a Drone as a First Responder program; converting vehicles to Silent Sentry vehicles; and implementation of an Organized Retail Theft Suppression Team. Our goal is to deter organized retail theft, identify and apprehend suspects, and recover stolen property to improve the safety of San Ramon businesses, increase economic activity, improve quality of life, and enhance public safety in the city.
Santa Clara County Sheriff’s Office - $11,767,578
The Santa Clara County Office of the Sheriff (SCCSO) combatting organized retail theft (ORT), vehicle theft, and vehicle accessory theft under this grant program. Silicon Valley is in the county and is the epicenter of technological advancement and innovation. It has a population of almost 2 million residents and has an increasing number of retailers to support the demand. SCCSO has responded to countless incidents of ORT and prides itself in providing exceptional community service a s it has aggressively investigated all thefts, commercial burglaries , and organized retail theft rings that plague the local businesses and retailers.
Santa Monica City Police Department - $6,125,000
Santa Monica Police Department's version of the Real-Time Crime Center will be referred to as the Santa Monica Analytical Real-Time Center (S.M.A.R.T. Center). The SMART Center will be the central command and control hub for the fusion of technology and support staff with the objectives to detect, prevent, and rapidly investigate criminal activity in the city of Santa Monica, specifically targeting organized retail theft and motor vehicle theft throughout the city. The SMART Center will produce real-time, actionable information by leveraging, integrating, and synthesizing an array of technologies to include, but not limited to closed circuit television, automated license plate re aders, and geo-location of field assets and analytical software overlay.
Santa Rosa City Police Department - $560,653
The Santa Rosa Police Department (SRPD) will use funding to combat organized retail theft (ORT) in the community. The project aims to reduce ORT through automated license plate reader technology, retailer education, and collaboration with agencies. Focused on high-incidence areas, it aligns with grant goals by preventing theft, improving surveillance,
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9 and fostering collaboration. Objectives include increasing awareness, training staff, and enhancing surveillance. The SRPD will install automated license plate re aders, provide tailored education programs, and collaborate with agencies. The project enhances community safety, protects businesses, and aligns with the grant's intent to improve justice outcomes.
Vacaville City Police Department - $4,432,444
The Vacaville Police Department (VPD) will utilize the Organized Retail Theft Prevention Grant funding to establish a Real -Time Information Center (RTIC). Funding will be used for infrastructure, personnel costs, technology, furniture, and equipment needed to launch a fully operational RTIC. The RTIC will provide the city with an invaluable resource that will aid in effective policing through prediction, prevention, efficient real -time responses leading to apprehensions, and investigations resulting in the prosecution of crimes related to organized retail and motor vehicle thefts.
Ventura County Sheriff’s Office – $15,650,000
The Ventura County Sheriff’s Office Organized Retail Theft Task Force Project will formalize a coordinated effort involving all law enforcement agencies in Ventura County to prevent and combat a $10 million per year loss from organized retail theft, vehicle/parts theft, and partner with the Port of Hueneme to address cargo theft. Every reported case will be assigned to a member of the task force investigative team, representing all agencies, supported by a crime analyst and investigation technology (e.g., automated license plate re aders, cellular communications interception technology). To deter organized retail theft, uniformed officers will conduct overt surveillance at shopping and auto malls.
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Attachment: Attachment-E-3-Organized-Retail-Theft-Prevention-Grant-Project-Summaries (5009 : ACCEPTANCE OF BSCC ORT GRANT) Fremont City Council Meeting: 11/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Human Services Department Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 4989) DOC ID: 4989
Updated: 10/31/2023 9:18 AM by Susan Gauthier Page 1
SOCIAL SERVICE AGREEMENTS FOR OLDER ADULTS - Authorization to Enter into an Agreement with Alameda County Social Services to Provide Services to Older Adults and Making Findings of CEQA Exemption
Contact Persons:
Name: Karen L. Grimsich Suzanne Shenfil
Title: Family Services Administrator Director
Div/Dept: Human Services Department Human Services Department Phone: 510-574-2062 510-574-2051
E-Mail: [email protected] [email protected]
Executive Summary: The Human Service Department has a long-standing partnership with the Alameda County Social Services Agency (ACSSA) to provide services to older adults residing in the Tri-City area. ACSSA proposes to renew this partnership with a three-year contract for four services to be provided by Aging and Family Services Division staff.
Staff recommends the City Council authorize the City Manager to execute four contracts with the ACSSA totaling $1,393,500 for the period of three fiscal years: July 1, 2023 through June 30, 2026, including contracts not to exceed:
1) $136,000 to provide Age Well Center activities,
2) $473,000 to provide Family Caregiver Support,
3) $460,000 to provide Information and Assistance, and
4) $324,000 to provide senior Case Management.
BACKGROUND: ACSSA has a long history of contracting with the Human Services Department (HSD) to provide services to older adults living in the Tri-City Area.
Historically, the contracts have been established on an annual basis. This year, ACSSA is proposing three-year contracts that include FY 2023/24, FY 2024/25 and FY 2025/26.
The contracts are specifically to provide 1) Senior Center Activities through the City’s Age Well Centers; 2) Family Caregiver Support Services to family members who are caring for an older adult; 3) Case Management service to develop individualized assessments and care plans to help guide older adults; and 4) Information and Assistance to provide linkages to programs that support older adults.
DISCUSSION/ANALYSIS: The three cities that comprise the Tri-City area of Southern Alameda County (Fremont, Union City and Newark) have 51,000 residents over the age of 60 years. In Fremont, the largest of the three cities, a full 18% of the population is over the age of 60 years, a percentage that is growing.
HSD has provided services to older adults since 1978. Most clients are older adults who are living with chronic conditions and functional limitations. ACSSA funding supports the following programs:
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Age Well Center Activities: This program enables adults to attain and maintain physical and mental well-being, as well as civic engagement, through the provision of services, classes and volunteer opportunities available at the City’s two Age Well Centers.
Family Caregiver Program: The City of Fremont Family Caregiver Program provides a professional assessment of caregiver needs, individual counseling for caregivers, support groups, and educational workshops, all of which are designed to specifically support family caregivers and reduce caregiver stress. The program provides individual assessment and counseling to 110 caregivers and care receivers each year. Caregiver workshops, which are open to the community, occur several times a year. Dedicated caregiver support groups are offered on a weekly basis at different times and locations, including on-line.
Case Management: This program supports a collaborative process between City staff and community members that assesses, plans, implements, coordinates, and monitors services to meet an individual’s health, financial, and social needs. The program’s goal is to enable individuals 60 years and over to obtain services that promote and maintain their optimal functioning in the least restrictive setting possible. Clients have complex medical conditions, functional limitations, and social challenges.
Information and Assistance: The goal of the Information and Assistance program is to link older individuals who need assistance to the appropriate services.
FISCAL IMPACT: In anticipation of these programs, the City Council appropriated $275,000 in the FY 2023/24 Adopted Operating Budget. The actual total combined FY 2023/24 contract amount is $504,593; therefore, staff is recommending the City Council appropriate an additional $229,593, including $198,911 in Area Agency on Ageing Fund 173 and $30,682 in Adult and Family Services Fund 106. Contract funds offset the cost of staff that provide the contracted services. Collectively, over the three-year period (FY 2023/24, FY 2024/25, and FY 2025/26), the contracts will not exceed $1,393,500.
FY 23/24
Adopted
Budget
FY 23/24
Contract
Amount
FY 23/24
Additional
Appropriation
3-Year
Contract
Total
Senior Center 32,000 47,363 15,363 136,000
Family Caregiver 110,000 189,745 79,745 473,000
Info & Assistance 53,000 156,803 103,803 460,000
Fund 173 195,000 393,911 198,911 1,069,000
Case Management 80,000 110,682 30,682 324,500
Fund 106 80,000 110,682 30,682 324,500
Total: $275,000 $504,593 $229,593 $1,393,500
ENVIRONMENTAL REVIEW: This action is exempt from the California Environmental Quality Act pursuant to, without limitation, CEQA Guidelines Sections 15378(b)(2), (4), and/or (5) and/or Section 15061(b)(3), as an administrative or fiscal activity of a
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government agency for which it can be seen with certainty that will result in no significant impact on the environment either or indirectly.
ATTACHMENTS: None.
RECOMMENDATIONS:
1. Authorize the City Manager, or her designee, to execute four contracts with the Alameda County Social Services Agency totaling $1,393,500 for the period of three fiscal years: July 1, 2023 through June 30, 2026, including:
a. A contract not to exceed $136,000 to provide Age Well Center activities, b. A contract not to exceed $473,000 to provide Family Caregiver Support, c. A contract not to exceed $460,000 to provide Information and Assistance, and d. A contract not to exceed $324,000 to provide senior Case Management; and
2. Appropriate an additional $229,593 for FY 2023/24 including $198,911 to fund 173 and $30,682 to fund 106.
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Fremont City Council Meeting: 11/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5018) DOC ID: 5018
Updated: 11/1/2023 8:38 AM by Susan Gauthier Page 1
STREET SIGN INVENTORY - Approval of a Service Agreement with Mandli Communications, Inc. for a Street Sign Inventory and Condition Assessment in an Amount Not-to-Exceed $481,250.
Contact Persons:
Name: Monica Mathiesen Hans Larsen
Title: Management Analyst II Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-979-5702 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate creation of a computerized maintenance management system for the City of Fremont’s inventory of street signs, to enable more timely replacement of missing and faded signs and to comply with federal standards for sign conditions.
BACKGROUND: To provide cost effective and timely maintenance of the City’s infrastructure assets, the Public Works Department uses computerized maintenance management systems. Such systems are currently used for pavement, traffic signals, streetlights, City buildings, and fleet vehicles. The City Council approved a funding action in June 2023 as part of the Fiscal Year 2023-2024 Operating Budget to add a Geographic Information System (GIS) component for street signs to the City’s existing maintenance management system. Having well maintained signs helps contribute toward improved traffic safety.
It is noted that the Federal Highway Administration (FHWA) has established compliance standards that require agencies to maintain a list of all traffic and road signs within their jurisdiction and take action to ensure signs meet minimum retroreflectivity requirements.
DISCUSSION/ANALYSIS: Staff has identified the need for an outside contractor to perform a street sign inventory and condition assessment throughout the City. The inventory and condition assessment would be a living tool to help manage assets and comply with FHWA requirements for minimum levels of sign retroreflectivity, as outlined in the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD).
Retroreflectivity helps improve safety at night by bouncing light off road signs from vehicle headlights back toward drivers’ eyes, making signs appear brighter and easier to read.
Retroreflective properties deteriorate over time, so there is a need to monitor and maintain signs to ensure that they remain clearly visible at night.
This inventory will serve as a mechanism for documenting conformance standards and logging updates as signs are added, removed, or replaced. It will also capture the total number of signs; location coordinates and type of sign; the color, shape, age, mount and/or post type; and retroreflective performance. Staff will then spatially locate each sign on a GIS layer and track the related maintenance within the maintenance management software system (CityWorks). It will allow staff to forecast sign maintenance and replacement to proactively plan work to meet industry standards.
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The City issued a Request for Proposals (RFP) on July 24, 2023, for Street Sign Inventory services. The City received proposals on August 22, 2023, from the following five contractors: Teleqo Technical Solutions, Inc.; Mandli Communications, Inc.; Mark Thomas & Company, Inc.; National Data & Surveying Services, Inc.; and Haley & Aldrich, Inc.
A panel comprised of City staff from Public Works and Information Technology Services evaluated the proposals based on project scope and understanding, overall experience to perform the required services, and proposal feasibility. Based on the results of the evaluation process, staff recommends approval of the service agreement with Mandli Communications, Inc. to provide the services outlined in the RFP.
FISCAL IMPACT: The total not to exceed amount for this Agreement is $481,250. There is sufficient funding in the Maintenance Division’s General Fund (Fund 001) budget to cover the cost of this Agreement.
ENVIRONMENTAL REVIEW: This project is categorically exempt under Section 15061 9(b)(3) of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or designee to execute a Service Agreement with Mandli Communications, Inc. for a Street Sign Inventory and Condition Assessment in an amount not to exceed $481,250.
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Fremont City Council Meeting: 11/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Fire Department
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5020) DOC ID: 5020
Updated: 11/1/2023 8:40 AM by Susan Gauthier Page 1
APPROVE AND AUTHORIZE CITY MANAGER TO PURCHASE A TYPE 3 FIRE ENGINE - Approve and Authorize City Manager to Execute a Purchase Order Using the Houston-Galveston Area Council (HGACBuy) Cooperative Purchasing Program for One Wildland Fire Apparatus in an Amount Not To Exceed $599,945.29.
Contact Persons:
Name: Corina Campbell Heather Mozdean
Title: Business Manager Deputy Fire Chief
Div/Dept: Fire Department Fire Department
Phone: 510-494-4200 (510) 494-4281
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is to facilitate the use of the Houston Galveston Area Council (HGAC) Buy Program contract to acquire one BME Type 3 Wildland Fire Engine for the Fire Department in an amount not to exceed $599,945.29 through Golden State Fire Apparatus.
BACKGROUND: The replacement schedule for Fire Department vehicles has been established based on service life, reasonable maintenance costs, technology advancement and safe operations. Currently, Fire Department engines have a first-line service life of 15 years. A vehicle may be replaced earlier or later, however, if safety and maintenance so warrant.
The Fire Department’s Type 3 Engine is widely used in wildland urban interface fire response because of its versatility, maneuverability, off-road abilities, and its fire suppression capabilities. The vehicle has the capability to drive with the pump engaged so that a firefighter can spray water on a fire while the vehicle is rolling. The specifications for the Type 3 match the platform used for Cal Fire and Cal OES. The engine will have access to major component compatibility and incident ground support on California fires which makes finding parts and making repairs easy.
The Type 3 Engine to be replaced was purchased in 2008 and has exceeded its recommended service life. There is an estimated 18-month construction process to build the Type 3 from the time the chassis is received from BME, which means it will be placed in service in FY 2025/26. The replacement cost includes radios, in-cab communications systems, light bars, sirens and all other emergency response equipment.
DISCUSSION/ANALYSIS: Pursuant to the City’s Purchasing Ordinance, Section
3.20.310(b), the City is authorized to “piggyback” and enter into a contract to buy equipment or services based on the terms of an existing contract between the contractor and another public agency without competitive bidding. To qualify, the terms of purchase in the City’s proposed contract must be materially the same as those of the existing contract, and the contract must have resulted from procurement methods similar to those required by the Purchasing Ordinance.
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Council Staff Report (ID # 5020) Meeting of November 7, 2023 Updated: 11/1/2023 8:40 AM by Susan Gauthier Page 2
The Cooperative Purchasing Program (HGACBuy) of the Houston-Galveston Area Council of Governments is a national cooperative procurement program offering its member agencies access to publicly solicited contracts. As a member of HGACBuy, the City has the opportunity to realize cost savings by utilizing existing HGACBuy contracts.
Pursuant to a public solicitation in 2019, HGACBuy entered into a contract with Golden State Fire Apparatus (GSFA) for the purchase of fire apparatus, including BME engines. The solicitation method was similar to that required by the City’s Purchasing Ordinance and the terms of purchase in the recommended City contract with GSFA are materially the same as those of the GSFA contract with HGACBuy. As specified in the Purchasing Ordinance, the Finance Director and the City Manager have approved the proposed use of the HGACBuy contract with GSFA.
Staff recommends that the City purchase the replacement Type 3 Fire Engine using the terms of the HGACBuy contract with GSFA as the City will receive a savings of $7,206 by using those terms.
FISCAL IMPACT: The budget allocation for this purchase was included in the FY 2023/24 adopted budget for the Fire Capital Replacement Fund. The allocation includes contingency funds in the event that unanticipated modifications need to be made to the vehicle before it can be put into service.
The total price quote of $599,945.29 from GSFA includes an HGACBuy discount of $7,206.
The sales/use tax for the purchase of the apparatus will be paid directly by the City to the State of California though a direct use tax payment upon delivery of the apparatus. This direct payment will benefit the City because the total amount of the City’s share of the sales tax will be allocated back to the City, rather than being shared with all Alameda County cities through the countywide sales tax pool.
ENVIRONMENTAL REVIEW: The actions recommended in this report are not projects subject to review under the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378(b)(2) as they are administrative activities of government.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or designee to issue a purchase order to Golden State Fire Apparatus for a BME Type 3 Wildland Engine in an amount not to exceed $599,945.29 using the HGACBuy cooperative purchase program.
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Fremont City Council Meeting: 11/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5031) DOC ID: 5031
Updated: 11/2/2023 1:35 PM by Susan Gauthier Page 1
SPECTRUM CANINE, LLC AGREEMENT – Authorize the City Manager or her designee to enter into a Service Agreement with Ricardo Rivera, dba Spectrum Canine, LLC, for Police Canine Team Training
Contact Persons:
Name: Jared Morrison Sean Washington
Title: Special Operations Division
Lieutenant
Police Chief
Div/Dept: Police Department Police Department
Phone: (510) 790-6906 510-790-6969
E-Mail: [email protected] [email protected]
Executive Summary: The Fremont Police Department has utilized Ricardo Rivera, dba Spectrum Canine, LLC, for police canine team decoy training since 2021 in combination with a primary training provider located in Colorado. Spectrum Canine has recently increased its capabilities and is now able to take over as the Fremont Police Department’s primary training provider for the canine unit. Under the recommended agreement, Spectrum Canine will provide weekly training for our canine teams, ensuring compliance with the California Police Officers Standards and Training (POST) mandates.
BACKGROUND: The canine program continues to be an integral part of the Police Department patrol function and aids in the safety of our community members and officers alike. Canine teams have a multitude of functions, from de-escalation tactics to less lethal use of force, aid in the search and apprehension of suspects, and frequently participate in community events and demonstrations. Due to the inherent liability and safety concerns associated with law enforcement canine units, ensuring our canine teams are operating at an optimal performance level is vital.
Weekly training and advanced training opportunities are essential in ensuring we continue to uphold industry standards and best practices. The continuous training and advanced training courses enhance officers’ decision-making regarding canine deployments and potential use of force incidents. Additionally, training also allows for identification and correction of any concerns with a specific canine or canine team.
DISCUSSION/ANALYSIS: The Fremont Police Department has utilized Spectrum Canine since 2021 to fulfill the required 16-hour POST-mandated training for patrol service dogs and teams. These trainings primarily focus on obedience and decoy/search techniques to ensure our teams are operating at the highest level and remain “street ready.” Spectrum Canine also utilizes these training days to identify potential areas for improvement, which could be dog or team-specific. If an area for improvement is identified, Spectrum Canine provides additional training at an hourly rate until the issues in question have been resolved.
Over the past year, Spectrum Canine demonstrated its capability to become the City’s primary canine trainer and has provided an 8-week canine handler course to no less than four new canine teams. This course is designed to ensure maximum effectiveness and
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efficiency of the handler and canine, ensuring both are operating as a highly proficient team within the patrol and detection aspect. Because Spectrum Canine is local, staff believes it is advantageous to the City to shift responsibility for primary training to Spectrum Canine from the current training provider located in Colorado.
The recommended agreement with Spectrum Canine would provide for canine handler courses for new teams, as well as weekly and advanced training opportunities. The term of the recommended agreement would run through June 30, 2026, with an annual not-to- exceed amount of $80,000, for a total contract of $240,000.
FISCAL IMPACT: The current year cost of this agreement was included in the FY 2023/24 Adopted Operating Budget for the Police Department service dog team.
ENVIRONMENTAL REVIEW: The purchase of canine training is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS: None.
RECOMMENDATION: Authorize the City Manager or her designee to execute a service agreement with Ricardo Rivera, dba Spectrum Canine, LLC, in an annual not-to-exceed amount of $80,000 through June 30, 2026, for a total of $240,000.
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Fremont City Council Meeting: 11/07/23 07:00 PM
3300 Capitol Avenue Div/Dept: Finance Department
Fremont, CA 94538 Category: Presentations
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5021) DOC ID: 5021
Updated: 11/2/2023 1:32 PM by Susan Gauthier Page 1
FISCAL YEAR 2022/23 YEAR-END REPORT - Informational Report and Presentation of Year-End Results for FY 2022/23
Contact Persons:
Name: David Persselin
Title: Finance Director
Div/Dept: Finance Department
Phone: 510-494-4631
E-Mail: [email protected]
Executive Summary: The FY 2022/23 Year-End Report provides a summary of actual operating results for the General Fund, makes a recommendation for allocating the General Fund ending fund balance of $21.9 million, and identifies appropriation actions taken by the City Manager in accordance with Resolution No. 2022-29, a Resolution of the City Council of the City of Fremont Approving and Adopting a Budget for the Fiscal Year July 1, 2022 through June 30, 2023 (the “Budget Resolution”).
BACKGROUND: The FY 2022/23 operating budget was adopted by the City Council on June 14, 2022, and year-end estimates for General Fund revenues, expenditures, and ending fund balance were included with the FY 2023/24 Proposed Operating Budget presented to the City Council on May 16, 2023.
The audit of the City’s FY 2022/23 financial statements by an independent certified public accounting firm is underway, and the annual comprehensive financial report, including the audited financial statements, is expected to be available by December 31, 2023. To provide the City Council with more timely information about the year just completed, staff has prepared the following information using unaudited amounts. Staff will report on any material audit adjustments at the time the annual comprehensive financial report is provided to the City Council.
DISCUSSION/ANALYSIS:
General Fund Operating Results: General Fund revenues and transfers in, totaling $296.7 million, are $8.7 million higher than the May estimate of $288.0 million. This is primarily due to higher than anticipated sales tax revenue. Property tax, business tax, and interest earnings also performed better than anticipated.
General Fund expenditures and transfers out of $312.6 million were $0.5 million lower than the May estimate of $313.1 million, largely as a result of savings in the Police and General Government functions. Encumbrances, reflecting the portion of the fund balance that has been contractually obligated, but not yet spent, total $1.2 million.
As part of the FY 2022/23 adopted operating budget, the General Fund Contingency Reserve was increased by $3.1 million to meet the Council-adopted policy requirement of 16.7% of budgeted expenditures and transfers out, or $41.7 million. Additionally, as part of the F Y 2021/22 Year-End Report, the City Council increased the General Fund Budget Uncertainty
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Reserve by $2.5 million to $12.5 million. The resulting net addition to the existing reserves totaled $5.6 million.
The difference between sources of $341.3 million and uses of $313.8 million, along with the increase in General Fund reserves of $5.6 million, yields a FY 2022/23 General Fund ending unreserved fund balance of $21.9 million.
The table below provides a summary of the May estimates and the actual year-end results.
Recommended Allocation of General Fund Ending Fund Balance: Over the past two years the City has received unusually high levels of sales tax revenue, and the City Council has correspondingly increased the General Fund Budget Uncertainty Reserve to offset some of the added risk. As it turns out, that Council action was both wise and well -timed.
The California Department of Tax and Fee Administration (CDTFA) has recently informed staff that a portion of the sales tax revenue we received last year was incorrectly reported by local businesses, and as a result the City was overpaid. The State is still investigating the misreporting, so staff does not yet know how much the City will need to repay, but staff’s current estimate is approximately $28 million. The CDTFA will recover the overpaid amount by reducing our quarterly sales tax remittances, possibly over the next two years.
Consequently, staff is recommending that the City Council leave the ending unreserved fund balance unappropriated so it will be available to absorb the loss of revenue we expect to experience. We anticipate receiving more specific information from the State over the next several months, and as part of the FY 2023/24 Mid-Year Budget Report in March, staff will recommend any necessary budget adjustments for the current fiscal year. Meanwhile, to
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ensure the City does not outspend its resources, staff plans to suspend the $5.5 million of ongoing increases we budgeted this year for street, building, and parks maintenance.
The 2024/25 proposed budget will include any actions necessary to bring City expenditures in line with revenues. That could include a continuation of maintenance spending at last year’s level and could also include drawing on the $15 million accrued leave reserve we established last year.
Appropriation Actions by the City Manager: The Resolution adopted by the City Council to implement the annual operating budget also includes authorization for the City Manager to take additional appropriation actions reflecting the following: (1) carryover of unexpended prior-year encumbrances; (2) cost center revenue increases; (3) grant revenue increases; and (4) increased General Fund revenue directly supported by General Fund expenditures. Included in the Resolution are requirements to report these actions to the City Council at year-end.
The amount of increased appropriations for FY 2023/24 due to unexpended FY 2022/23 encumbrances was $36.7 million as detailed below.
Fund Type Encumbrances
Governmental Funds
General Fund $ 1,226,334
Capital Projects 14,125,710
Gas Tax 1,159,357
Environmental Services 612,509
Development Cost Center 338,382
Miscellaneous 1,029,783
Subtotal 18,492,075
Reimbursement Grant Funds 14,697,633
Internal Service and Custodial Funds 3,490,941
Total $ 36,680,648
Additional grant and fee revenue resulted in increased appropriations by the City Manager as summarized in the following table.
Source Amount Recipient Purpose
Private Grant $ 49,923 Fire Department Radio Equipment Private Grant 7,245 Human Services Housing Support Services State Grant 1,299,572 Human Services Emergency Rental Assistance State Grant 500,000 Human Services Housing Navigation Center Federal Grants 992,875 Human Services Emergency Rental Assistance Development Service Fees 8,437 Community Development Plan Check Staffing Special Events Fees 4,249 General Fund Cost Reimbursement County Service Fees 105,116 Human Services Senior Services State Service Fees 7,641 Human Services Senior Services Federal Service Fees 17,264 Human Services Senior Services Total $2,992,322
FISCAL IMPACT: Holding the $21.9 million ending unreserved fund balance unappropriated leaves it available to offset a portion of the reduction in sales tax revenue anticipated for this year. The $20.0 million Budget Uncertainty Reserve is also available.
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ENVIRONMENTAL REVIEW: Action on this item is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15378(b), as an administrative and/or fiscal activity that does not involve commitment to a specific project that will result in any significant physical impact on the environment.
ATTACHMENTS: None.
RECOMMENDATION: Accept the report and presentation.
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