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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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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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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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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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 Fremont PD
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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 Fremont PD
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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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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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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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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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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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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).) Fremont PD
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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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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.
Fremont PD
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 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.
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.
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
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]
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
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.
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 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.
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.
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 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 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.
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 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.
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
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.)
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
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
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
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
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
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
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.
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
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
$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:
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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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$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
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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
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
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
Policy
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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 Fremont Police Department
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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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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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(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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(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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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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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).
Policy
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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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(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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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 Fremont Police Department
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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).
Policy
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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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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.
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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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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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
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.
Fremont PD
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 ☐