DOLETA FY 2022 YouthBuild Grant Program
Richmond YouthBuild-Four Month Planning Timeline
Richmond YouthBuild Timeline for Four-Month Planning Period As documented in the attached letters of commitment, the RWDB has extensive connections with labor, employer, CBO and government partners, and these pre-existing relationships will facilitate the rapid establishment of program operations upon receipt of YouthBuild funding. The ten-year history of operating the RichmondBUILD program and serving more than 700 participants means that the systems and relationships are already in place to operate a successful YouthBuild program.
Time
Period
Activity
Month
One
•Hold initial planning meeting with project partners;
•Establish contract with John Muir Charter School;
•Begin preparation of training and academic classroom site; and •Develop participant outreach and recruitment plan.
Month
Two
•Confirm John Muir Charter School Lead Academic Instructor; •Recruit John Muir Classroom Aide; and
• Initiate participant outreach and recruitment.
Month
Three
• Interview potential participants for eligibility and assessment; •Contract with Project Manager, Fred Lucero
•Contract with Administrative/MIS staff, Gustavo Ceja;
•Contract with Lead Vocational Instructor, Jonathan Brito; •Contract with Assistant Vocational Instructor, Angel Gomez; •Contract with Case Manager, Daniel Mason;
•Contract with Job Developer, Natasha Terry;
•Contract with Mental Toughness trainers;
• Plan and design academic & vocational classroom implementation plan with existing staff;
•Meet with employer partners to obtain input on the curriculum and their hiring needs
•Continue outreach and recruitment.
Month
Four
•Enroll participants for first cohort;
• Interview and hire Lead Credentialed Instructor;
• Interview and hire Classroom Aides;
•Review academic/vocational integration plan with all new staff; • Secure all program materials and supplies; and
•Continue outreach and recruitment.
John Muir Charter Schools
12338 McCourtney Road
Grass Valley, CA 95949
Phone: 530.272.4008
Fax: 530.272.4009
Web: www.johnmuircs.com
December 10, 2021
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
Honorable Secretary Walsh,
John Muir Charter Schools (JMCS) enthusiastically supports the Richmond Workforce Development Board’s (RWDB) application to the U.S. Department of Labor for a YouthBuild grant. JMCS is honored that RWDB has chosen JMCS to provide high school services to your program and students. In this letter, I describe JMCS’s commitment to provide programmatic and fiscal support to the RWDB YouthBuild program.
Background on John Muir Charter School: Fully accredited by the Western Association of Schools and Colleges, JMCS provides high school services exclusively to youth development programs in California like Richmond YouthBuild. Our credentialed teachers and aides provide classroom instruction tailored to the strengths, challenges, interests, and learning styles of each student. JMCS teachers and administrators work closely with YouthBuild staff to coordinate academic, life-skills, and vocational education, as well as community service. JMCS assesses students upon enrollment and periodically thereafter to identify student needs, and to measure student, class, and school-wide progress.
JMCS Commits $11,317 per Richmond YouthBuild Student: JMCS will receive constitutionally guaranteed state funding for each student at Richmond YouthBuild that JMCS serves, as measured by average daily attendance (ADA). Based on Richmond YouthBuild and JMCS’s projection that your program will generate 25 ADA per year during the duration of the YouthBuild grant and subsequent years, JMCS will provide Richmond YouthBuild with a total of $282,925 per year in high school services. This $282,935 per year consists of both direct (direct services to students) and indirect (administrative) services.
In its site budget, JMCS provides Richmond YouthBuild with highly qualified, motivated, and certificated teachers. JMCS typically employs one full-time classroom teacher per 17 ADA, which provides more one-on-one and one-on-few education opportunities than is typical in other high schools. The site budgets also include funds for classroom aides, books and supplies, computer resources, and other items. JMCS managers will work closely with Richmond YouthBuild program managers to allocate JMCS funds most effectively given local needs.
The JMCS indirect costs referenced above include, for example, administrative salary costs, assessment and education software, a student information system, training, insurance, counseling
John Muir Charter Schools
12338 McCourtney Road
Grass Valley, CA 95949
Phone: 530.272.4008
Fax: 530.272.4009
Web: www.johnmuircs.com
services and curriculum support. JMCS also provides various administrative and business services associated with managing the education budget and programs. The Nevada County (a California county) Office of Education provides regulatory oversight of John JMCS Charter School, as required by state law. JMCS’s commitment of education services to Richmond YouthBuild participants is contingent only on their enrollment in JMCS.
On behalf of John Muir Charters Schools’ Board of Directors and staff, thank you for supporting Richmond YouthBuild and its students. Please let me know if I can provide any additional information about our commitment to providing services to Richmond YouthBuild, I may be reached at [email protected] or 530-277-6259.
Sincerely,
R.J. Guess
Chief Executive Officer
John Muir Charter Schools
IQ PERSONNEL
ENVIRONMENTAL STAFFING
December 16th , 2021
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
RE: City of Richmond Application to DOL YouthBuild Program CFDA #17.274 Dear Secretary Walsh,
IQ Personnel is submitting this letter of commitment on behalf of the Richmond Workforce Development Board's (RWDB's) application for funding for the Richmond YouthBuild Program. We believe that the determination of the RWDB to serve at risk youth through this program will have a significant positive impact upon the community.
We have partnered actively with the RWDB's RichmondBUILD program, a nationally recognized construction training program that serves a similar target population to that of YouthBuild. Through that partnership, we have hired numerous graduates from RichmondBUILD. As a partner to the Richmond YouthBuild program, we commit to the following:
• Providing input into the training curriculum to make it as effective as possible in preparing young people for construction industry careers;
• Offering presentations to trainees by our staff on the skills and knowledge necessary to succeed in the construction field; and
• Providing employment opportunities to Richmond YouthBuild graduates through our HouseHold Hazardous Waste and various Contractors.
We look forward to being a partner in this outstanding program. If I can be of further assistance, please feel free to contact me at 562 698 2800.
Sincerely yours,
Richard lavesilla
,
i
eneral Manager
8039 Painter Ave., Ste. 200, Whittier, CA 90602 I Tel (562) 698-2800 I Fax (562) 698-2811
CONCORD OFFICE: 2300 Clayton Road, Suite 1150, Concord, CA 94520 SAN RAFAEL OFFICE: 1125 Tamalpais Avenue, San Rafael, CA 94901 mceCleanEnergy.org
December 14, 2021
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
RE: City of Richmond Application to DOL YouthBuild Program CFDA #17.274 Dear Secretary Walsh,
Marin Clean Energy is submitting this letter of commitment on behalf of the Richmond Workforce Development Board’s (RWDB’s) application for funding for the Richmond YouthBuild Program. We believe that the determination of the RWDB to serve at risk youth through this program will have a significant positive impact upon the community.
We have partnered actively with the RWDB’s RichmondBUILD program, a nationally recognized construction training program that serves a similar target population to that of YouthBuild.
Through that partnership, we have helped with training and recruitment for green collar jobs, particularly in the solar industry. In partnership with RichmondBUILD we led the construction of 35 acre solar facility in the community which created over 350 jobs, many of which were filled by RichmondBuild graduates. As a partner to the Richmond YouthBuild program, we commit to the following:
• Providing input into the training curriculum to make it as effective as possible in preparing young people for construction industry careers;
• Offering presentations to trainees by our staff on the skills and knowledge necessary to succeed in the renewable energy or energy efficiency field; and • Offering any relevant employment opportunities to Richmond YouthBuild graduates.
We look forward to being a partner in this outstanding program. If I can be of further assistance, please feel free to contact me at (415) 464-6020.
Best regards,
Dawn Weisz
CEO
NET ELECTRIC, INC.
ELECTRICAL – ENERGY SOLUTIONS – SOLAR DESIGN-BUILD
LICENSE # 960045 / DIR # 1000006222
5327 Jacuzzi Street, Suite 4D • Richmond, CA 94804 • 866-334-2400 O. • 855-300-0127 F. www.netelectric.biz
December 13, 2021
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
RE: City of Richmond Application to DOL YouthBuild Program CFDA #17.274 Dear Secretary Walsh,
NET ELECTRIC, INC is submitting this letter of commitment on behalf of the Richmond Workforce Development Board’s (RWDB’s) application for funding for the Richmond YouthBuild Program. We believe that the determination of the RWDB to serve at risk youth through this program will have a significant positive impact upon the community.
We have partnered actively with the RWDB’s RichmondBUILD program, a nationally recognized construction training program that serves a similar target population to that of YouthBuild. Through that partnership, we have hired a total of 10 graduates from RichmondBUILD. As a partner to the Richmond YouthBuild program, we commit to the following:
• Providing input into the training curriculum to make it as effective as possible in preparing young people for construction industry careers. • Offering presentations to trainees by our staff on the skills and knowledge necessary to succeed in the construction field; and
We look forward to being a partner in this outstanding program. If I can be of further assistance, please feel free to contact me at 866-334-2400 x 701.
Sincerely yours,
Nathan E Tyler
President
NET ELECTRIC, INC
Richmond Police Department
Office of the Chief of Police
1701 Regatta Boulevard, Richmond, CA 94804-7409
Bus: (510) 621-1802 Fax: (510) 620-6880
January 5, 2021
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
Re: Letter of Commitment in support of City of Richmond application for YouthBuild funding.
Honorable Secretary Walsh,
TheRichmond Police Department enthusiastically submits this letter of commitment detailing our participation in the Richmond YouthBuild Program. We look forward to being part of the implementation activities that are described in the proposal.
The City of Richmond is impacted by disproportionately high levels of juvenile crime, much of it closely tied to the lack of economic opportunity for our young people. Without the avenues for constructive participation in society, many youth will become involved in the criminal justice system, at a considerable cost to both these young people and their communities.
Richmond YouthBuild offers a promising opportunity for at risk young people to receive training for good paying jobs in the construction industry, and to seek a positive future. The Richmond Workforce Development Board has demonstrated its capacity to work successfully with this population through its nationally recognized RichmondBUILD program, and we are pleased to commit to the following activities as a partner in this effort:
• Refer eligible young people for participation in Richmond YouthBuild; • Provide support and guidance for YouthBuild participants who are engaged with the criminal justice system;
• Assist with the reporting of recidivism rates for YouthBuild participants involved in the criminal justice system; and
• Collaborate with program evaluators to evaluate program outcomes.
Please contact me at (510) 620-1802 if I can further clarify our commitment to Richmond YouthBuild.
I am confident that your funding of this proposal will yield a dramatic return, not only for the community of Richmond, but also for the whole region.
Sincerely,
A/Chief of Police
Friends of the Richmond Greenway
Box 70105, Richmond, CA 934801
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
January 4, 2022
Re: Letter of Commitment in support of City of Richmond application for YouthBuild funding.
Honorable Secretary Walsh,
Please accept this letter of support for the Richmond Workforce Development Board's application for YouthBuild grant funding. The Friends of the Richmond Greenway (FORG) has worked closely with the City of Richmond to activate, develop and maintain the Richmond Greenway. Our partnership has resulted in considerable green infrastructure improvements and a variety of innovative educational and recreational opportunities along the Richmond Greenway. As stewards of the Richmond Greenway, we are grateful for the inclusion of the proposed community service projects for their potential to positively impact the Richmond Greenway and the many Richmond residents who rely on it and to see this type of transformative opportunity being extended to our youth.
FORG is coalition of Greenway-serving nonprofits and community members strives to improve health and wellness, safety, beauty, and access to outdoor recreation, by activating the longneglected section of the 3-mile greenway corridor. We have enjoyed many successes in garnering funding for capital improvements, however, we are regularly disappointed that maintenance activity is excluded from the various state grant programs we have secured. The prospect that this YouthBuild application would provide additional training hours for the cohorts in the YouthBuild training program to render community service towards our unfunded park maintenance backlog is welcome.
If awarded, the YouthBuild program would not only provide a much-needed injection of people power into the Richmond Greenway, it would also be a great benefit to the participants to interact with the inspiring programs each of our organizations has created along the Richmond Greenway. We believe we can thus create more environmental awareness on the part of the YouthBuild-ers to become caretakers of the parks. On behalf of the membership of FORG, we respectfully recommend this proposal.
ryl`Maie4, Secretary
Friends of the Richmond Greenway
THE IRON TRIANGLE
NEIGHBORHOOD
COUNCIL
RICHMOND CA
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
Dear Secretary Walsh,
January 6, 2022
The Iron Triangle Neighborhood Council is pleased to offer this letter of support for the proposed Richmond YouthBuild Program. Our Neighborhood Council has the community jurisdiction over this neighborhood and has been actively involved in many YouthBuild projects over the years. Our local community faces significant challenges in helping residents achieve their full potential. We are pleased to have the opportunity to join in this proposal to continue the work of YouthBuild with young people in Richmond.
The opportunity for well-paid employment provides a key component on the pathway to success that is essential for the young people of our community. Our active participation in Richmond YouthBuild will include a commitment to the following:
• Include YouthBuild in community projects that require some skills and a willingness to participate
• Refer eligible young people for participation in Richmond YouthBuild; • Collaborate with other program partners to help make program activities, curriculum, and design responsive to the needs of participants in the program; and • Participate with program evaluators to evaluate program outcomes.
The Iron Triangle Neighborhood Council looks forward to being a partner in this outstanding program. III can be of further assistance, please feel free to contact me at (510) 798 9082.
Sincerely,
Ca( (32re...e____
scar arcia
President
500 B STREET RICHMOND CA 94801 PHONE 510 232 9629 FAX 510 232 9633 Page 1125 of 2219 3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org
COMMUNITY SERVICES DEPARTMENT
December 21, 2021
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
Honorable Secretary Walsh,
Love Your Block is pleased to offer this letter of support for the proposed Richmond YouthBuild Program. Love Your Block is dedicated to working with resident volunteers to revitalize and beautify Richmond one block at a time. We strive to reduce litter, illegal dumping, and blight in Richmond. We are pleased to have the opportunity to join in this proposal to continue the work of YouthBuild with young people in Richmond.
The opportunity for well-paid employment provides a key component on the pathway to success that is essential for the young people in the communities that we serve. Our active participation in Richmond YouthBuild will include a commitment to the following:
• Provide community service-learning opportunities for YouthBuild participants through providing no-cost landscaping for senior citizens;
• Refer eligible young people for participation in Richmond YouthBuild; • Collaborate with other program partners to help make program activities, curriculum, and design responsive to the needs of participants in the program; and • Collaborate with program evaluators to evaluate program outcomes.
Love Your Block looks forward to being a partner in this outstanding program. If I can be of further assistance, please feel free to contact me at (510) 620-6563.
Sincerely,
Stephanie Ny
Associate Administrative Analyst
City of Richmond
Community Services Department
UNITED BROTHERHOOD
CARPENTERS AND JOINERS OF AMERICA Local Union No. 152
January 6, 2022
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
MARTINEZ OFFICE
3780 Alhambra Avenue
Mailing Address
P.O. Box 4040
Martinez, CA 94553
Phone (925) 228-1858
Fax (925) 229-4382
MANTECA OFFICE
1421 Moffat Boulevard
Manteca, CA 95336
Phone (209) 239-3232
Fax (209) 239-5128
Re: Letter of Commitment in support of City of Richmond application for YouthBuild funding.
Dear Secretary Walsh,
The Carpenters and Joiners of America, Local 152, submits this letter of commitment in enthusiastic support of the Richmond Workforce Development Board's proposal to the Department of Labor for funding under the YouthBuild Program. Carpenters and Joiners of America is committed to forming partnerships that provide training and work opportunities to area youth. As one of the major building trade unions in our region, we recognize the critical need of disadvantaged youth for pre-apprenticeship construction skills training that can create opportunities for well-paid employment.
We have partnered actively with the Richmond BUILD program, a nationally recognized preapprenticeship training program that serves a similar target population to those served by YouthBuild. This program has done an outstanding job of integrating the hard and soft skills training that is necessary for successful careers in the construction industry.
In order to help guarantee the success of the Richmond YouthBuild program, the Carpenters and Joiners of America, Local 152, commits to providing the following resources and/or services:
• Provide opportunities for those who have successfully completed the program to enter preapprenticeship training as a carpenter; • Providing input into the training curriculum to make it as effective as possible in preparing young people for construction industry careers; and
• Offering presentations to trainees by our staff on the skills and knowledge necessary to succeed in the construction field.
We are pleased to commit to be part of this exciting project. Please contact me at (925) 228-1858 if I a be • f further assistance.
1 Steve Bell
Senior Field Representative SFS.kb/opou29/01-uo
253 Page 1128 of 2219
IRON WORKERS LOCAL 378
UNION OFFICE OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING 3120 Bayshore Road, Benicia CA 94510 | www.ironworkers378.org P. (707) 746-6100 | F. (707) 746-0979
Jason
December 9 2021
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
Re: Letter of Commitment in support of City of Richmond application for YouthBuild funding.
Dear Secretary Walsh,
The Ironworkers Local 378 submits this letter of commitment in enthusiastic support of the Richmond Workforce Development Board’s proposal to the Department of Labor for funding under the YouthBuild Program. We are committed to forming partnerships that provide training and work opportunities to area youth and understand the critical need of disadvantaged youth for pre-apprenticeship construction skills training that can create opportunities for well-paid employment.
We have partnered actively with the Richmond BUILD program, a nationally recognized preapprenticeship training program that serves a similar target population to those served by YouthBuild. This program has done an outstanding job of integrating the hard and soft skills training that is necessary for successful careers in the construction industry.
In order to help guarantee the success of the Richmond YouthBuild program, the Ironworkers Local 378, commits to providing the following resources and/or services:
Provide opportunities for those who have successfully completed the program to enter preapprenticeship training as an Ironworker; Providing input into the training curriculum to make it as effective as possible in preparing young people for construction industry careers; and
Offering presentations to trainees by our staff on the skills and knowledge necessary to succeed in the construction field.
We are pleased to commit to be part of this exciting project. Please contact me at 707-746 6100 if I can be of further assistance.
Jason Gallia
Business Manager /FST
Jason Lindsey
President/ Business
Agent
Jason Gallia
Business Manager
Financial SecretaryTreasurer
Nicolas Rivera
Business Agent
Ken Miller
Business Agent/
Organizer
CITY OF RICHMOND HOUSING AUTHORITY
450 Civic Center Plaza, 2^0 Floor, Richmond CA 94804
(510) 621-1300 Voice • (510) 237-5230 FAX
January 5, 2022
Martin Walsh
Secretary of Labor
Frances Perkins Building
200 Constitution Ave., NW
Washington, DC 20210
Re: Letter of Commitment in support of City of Richmond application for YouthBuild funding.
Honorable Secretary Walsh:
Richmond Housing Authority is pleased to have the opportunity to partner with the Richmond Workforce Development Board's YouthBuild application to the Department of Labor.
YouthBuild is a program that directly impacts a community by developing the talents and the capacities of our youth and prepares them to be productive and contributing members of the community.
Our commitment and our role in the Richmond Workforce Development Board's YouthBuild application will consist of the following:
• Providing, at no cost, a 15,000 square foot facility located at 360 S. 27' Street, Richmond, California that will host the hands-on training component, training modules for basic welding, basic electrical, and basic plumbing, a computer lab, and office space for project managers and case management staff.
• Promoting the employment of YouthBuild participants through our Section 3 hiring program
If you have any questions about our support and commitment to the YouthBuild project, I can be reached at 510 621-1300.
Re rds,
Nannette J. B c am
Executive Di ctor
Richmond YouthBuild Zip Code Map
JT - 98T36901 - 0 Page 1
RECIPIENT TYPE: Send Payment Request to:
Municipal Contact EPA RTPFC at: [email protected]
RECIPIENT: PAYEE:
GRANT NUMBER (FAIN): 98T36901
JT
PAYMENT METHOD:
ASAP
DATE OF AWARD
MAILING DATE
ACH#
09/16/2022
90251
U.S. ENVIRONMENTAL
PROTECTION AGENCY
Cooperative Agreement
MODIFICATION NUMBER:
PROGRAM CODE: 09/13/2022
TYPE OF ACTION
New
0 EIN:
City of Richmond
330 25th Street
Richmond, CA 94804
94-6000403
330 25th Street
City of Richmond
Richmond, CA 94804
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Fred Lucero
330 25th Street
Richmond, CA 94804
Email: [email protected]
Phone: 510-621-1562
Nova Blazej
75 Hawthorne Street, LND-2-1
San Francisco, CA 94105
Email: [email protected]
Phone: 415-972-3846
Lamont Nowlin
Grants Branch, MSD-6
75 Hawthorne Street
San Francisco, CA 94105
Email: [email protected]
Phone: 415-972-3205
See Attachment 1 for project description.
ENVIRONMENTAL WORKFORCE DEVELOPMENT AND JOB TRAINING
PROJECT TITLE AND DESCRIPTION
$200,000.00
BUDGET PERIOD TOTAL PROJECT PERIOD COST
10/01/2022 - 10/31/2025 10/01/2022 - 10/31/2025 $200,000.00
PROJECT PERIOD TOTAL BUDGET PERIOD COST
NOTICE OF AWARD
Based on your Application dated 10/04/2021 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $200,000.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $200,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.
U.S. EPA, Region 9 , U.S. EPA, Region 9 Grants Branch, MSD-6 San Francisco, CA 94105
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
ORGANIZATION / ADDRESS
75 Hawthorne Street
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
09/13/2022
Carolyn Truong - Grants Management Officer DATE
U.S. EPA, Region 9, Land, Chemicals and Redevelopment Division R9 - Region 9
Digital signature applied by EPA Award Official
JT - 98T36901 - 0 Page 2
EPA Funding Information
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $0 $200,000 $200,000
EPA In-Kind Amount $0 $0 $0
Unexpended Prior Year Balance $0 $0 $0
Other Federal Funds $0 $0 $0
Recipient Contribution $0 $0 $0
State Contribution $0 $0 $0
Local Contribution $0 $0 $0
Other Contribution $0 $0 $0
Allowable Project Cost $0 $200,000 $200,000
66.815 - Brownfields Job Training Cooperative CERCLA: Secs. 104(k)(7) & 104(k)(5)(E) Agreements
Assistance Program (CFDA) Statutory Authority Regulatory Authority 2 CFR 200, 2 CFR 1500, 40 CFR 33 and 40 CFR 45
Fiscal
Site Name Req No FY Approp.
Code
Budget
Oganization
PRC Object
Class
Site/Project Cost
Organization
Obligation /
Deobligation
- 2209QE0076 22 E4 0900BG7 000D79 4115 - - $200,000
$200,000
JT - 98T36901 - 0 Page 3
Total Approved Allowable
Budget Period Cost
Budget Summary Page
$31,500
$200,000
$200,000
$200,000
$31,200
$0
$0
$3,000
$4,000
Table A - Object Class Category
(Non-Construction)
$0
$130,000
$300
$200,000
$200,000
$0
1. Personnel
2. Fringe Benefits
3. Travel
4. Equipment
5. Supplies
6. Contractual
7. Construction
11. Total (Share: Recipient ______ % Federal ______ %)
8. Other
9. Total Direct Charges
12. Total Approved Assistance Amount
13. Program Income
14. Total EPA Amount Awarded This Action
15. Total EPA Amount Awarded To Date
10. Indirect Costs: 0.00 % Base
0.00 100.00
JT - 98T36901 - 0 Page 4
Attachment 1 - Project Description
This assistance agreement provides full federal funding in the amount of $200,000. This project provides funding for City of Richmond RichmondBUILD to recruit, train, and place unemployed and underemployed residents of City of Richmond in environmental careers with skills needed to safely conduct remediation work at solid and hazardous wastecontaminated sites. RichmondBUILD will operate three environmental training cycles of 82 hours in length during the three-year grant period, with 20 participants in each cycle. During the three-year program, a placement rate of 85% will put 51 individuals in jobs directly related to their training. This project will train graduates to earn skills and certifications necessary to enter into environmental careers. Activities to be performed during under this project include the following training program: HAZWOPER certification, OSHA-10, Traffic Control, First Aid/CPR, Refinery Safety and Confined Space entry. These certificates will all be directly useful in relation to the employment opportunities available in the City of Richmond. RichmondBUILD plans to train sixty, fifty-one will complete the training and over thirty-eight will receive employment. This project will provide training to residents of the City of Richmond, CA impacted by solid and hazardous waste sites and facilities. The anticipated deliverables for are: 60 of individuals recruited and enrolled; 51 will complete the training and earn certifications; 38 will secure employment in environmental careers and 3 will pursue additional training. Training will be classroom style trainings, practical trainings, and curricula modules. Graduates will receive 6 certifications in environmental sampling and site cleanup methods, including OSHA 29 CFR 1910.120 and 40-hour HAZWOPER training.
Expected outcomes from this project include: -Help residents of communities take advantage of jobs created by the assessment and cleanup of brownfields and the assessment, cleanup, and management of solid and hazardous waste sites and facilities while addressing environmental justice concerns. -Provide training that leads to sustainable employment in the environmental field. -Improve community involvement and stimulate the development of constructive partnerships. -Reduce exposures to hazardous substances and other contaminants and improve the health of workers, occupants, and residents. -Foster self-sufficiency and enhance the skills and availability of labor for environmental remediation in environmental justice and other communities impacted by environmental contamination. - Enable residents to participate in the promotion of environmental health and occupational safety, both on the job and in their communities. No subawards are included in this assistance agreement.
JT - 98T36901 - 0 Page 5
Administrative Conditions
General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2021-or-later.
These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-termsand-conditions#general.
A. Federal Financial Reporting (FFR)
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC. The annual FFR will be submitted electronically to [email protected] no later than December 30 of the same calendar year. Find additional information at https://www.epa.gov/financial/grants. (NOTE:
The grantee must submit the Final FFR to [email protected] within 120 days after the end of the project period.) B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part 200.324 the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications.
C. Indirect Costs
The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement.
Programmatic Conditions
Please see attachment labeled "JT-98T36901-0 City of Richmond Programmatic Terms & Conditions" for the list of Programmatic Terms and Conditions.
***END OF ASSISTANCE AGREEMENT***
FY22 Brownfields Job Training (JT)
Cooperative Agreement Terms and Conditions
I. General Cooperative Agreement – Administrative Requirements A. Terms of the Agreement
1. The term of this agreement is three years from the date of award, unless otherwise extended by EPA at the cooperative agreement recipient’s (CAR) request. Notwithstanding 40 CFR § 45.140, the budget and project period for this training assistance agreement may exceed three years based on a March 29, 2018, class exception to the regulation.
2. If after one year from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, EPA’s Award Official or Grants Management Officer may terminate this agreement under 2 CFR § 200.340.
3. The term “sufficient progress” means the applicant has: 1) established a program and begun marketing the program; 2) hired all key personnel; and 3) has completed the first round of training.
4. Unless approved with the award of this cooperative agreement, the CAR must receive written approval by EPA’s Award Official or Grants Management Officer of a final workplan within 60 calendar days following the date of the award. The CAR must receive documentation of written EPA approval of the final workplan from EPA’s Project Officer prior to expenditure of federal funds under this cooperative agreement. Unless the EPA Award Official, or Grants Management Officer grants a waiver, no funds may be drawn down without an EPA approved final workplan. If the recipient fails to obtain EPA approval of the final workplan within 60 days of award, EPA may terminate this agreement under 2 CFR § 200.340.
B. Substantial Involvement
1. Cooperative agreements require substantial involvement between the EPA Project Officer and the selected applicant in the performance of the work supported.
Substantial EPA involvement for this cooperative agreement may include:
Close monitoring of the recipient’s performance to verify the results proposed by the applicant;
Review and approval of changes to the workplan and/or budget to the extent provided for in EPA’s General Term and Condition “Transfer of Funds”;
Collaboration during performance of the scope of work;
Approving substantive terms of proposed professional services and equipment purchase contracts;
Approving qualifications of key personnel (EPA will not select employees or contractors employed by the award recipient);
Review and comment on reports prepared under the cooperative agreement, per the terms and conditions; and
Review and comment on financial reports, monitoring all reporting, recordkeeping procedures, and other program requirements.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR is responsible for ensuring that all training is protective of human health and the environment and complies with all applicable state and federal laws. The CAR is also responsible for maintaining proper documentation of graduates’ certifications. The CAR must ensure instructors delivering training, including training for certification programs, are certified by their states. EPA does not provide information on trainer certification and does not endorse specific instructors or training organizations.
2.The CAR must comply with proper procurement standards in acquiring a contractor, if applicable. The CAR is responsible for ensuring that contractors and subaward recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subrecipient(s) and contractor(s) are consistent with the terms and conditions of this agreement.
i. Funding may be used to acquire services or fund partnerships, provided the recipient follows procurement and subaward procedures under 2 CFR Parts 200 and 1500, as applicable and EPA’s Subaward Policy. CARs must compete contracts for services and products, and conduct cost and price analyses to the extent required by these regulations. The regulations and EPA’s General Terms and Conditions also contain limitations on consultant compensation. The fact that a CAR named a specific contractor or consultant in the application EPA approved for a JT cooperative agreement, does not relieve it of its obligations to comply with competitive procurement requirements. Additional guidance on procurements is available in EPA’s Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements.
ii. Subawards, as defined in 2 CFR § 200.1, may be used to fund partnerships with nonprofit organizations and governmental entities. CARs may only make subawards to eligible entities as described in Section III(A) of the FY22
JT Guidelines. The CAR may not subaward to for-profit organizations.
Subrecipients only receive reimbursement for their actual direct or indirect costs subject to the 5% limit on administrative costs described in Section II.A.2. of these Terms and Conditions, such that they do not “profit” from the transaction and subrecipients are subject to the same Federal requirements as the pass-through entity. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 2 CFR §§ 200.317 through 200.327. The nature of the transaction between the recipient and the subrecipient must be consistent with the standards for distinguishing between procurement contracts and subrecipient assistance at 2 CFR § 200.331 as supplemented by EPA’s Subaward Policy. EPA will not be a party to these transactions. iii. The CAR must make clear in any solicitation for private or public funding that the CAR’s organization, and not EPA, is seeking funding. The CAR may not imply that EPA endorses any fund-raising activities in connection with its cooperative agreement.
3. Cybersecurity – The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State cybersecurity requirements.
i. EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition.
If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award for State recipients and work with the designated Regional/ Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data.
ii. The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. The
recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA.
D. Trainee Recruitment, Placement, and Monitoring
1. The CAR must recruit trainees from the target geographic areas identified in its application, specifically areas where brownfield sites, Superfund sites, landfills, oil spills, recent disaster areas, or solid/hazardous waste facilities are located.
Cooperative Agreement funds must target unemployed or underemployed individuals from these areas. The intention is to link local residents who have completed the training with local remediation and environmental companies in their respective communities, providing an opportunity for them to benefit from employment. The CAR shall demonstrate its progress in meeting this term and condition in the quarterly progress report and final project report as stated below. i. The CAR may extend recruitment outside of the target area, but priority shall be given to unemployed and underemployed residents living in the target area.
ii. While the cooperative agreement funds may be used to train dislocated workers or provide refresher training, in HAZWOPER for example, the core training program must focus on those who have little or no advanced education, work experience, or who have various barriers to employment, and are unemployed or underemployed.
iii. Applicants who are providing dislocated workers refresher training or single environmental certifications must ensure these workers have adequate health and safety training.
2. The CAR is required to monitor and track all trainees for a minimum of one year following the completion of the training program and must report the results of this monitoring in their quarterly and final progress reports. The CAR is responsible for ensuring that funding is allotted to cover this task in its budget and that accomplishments are reported in the Assessment, Cleanup, and Redevelopment Exchange System (ACRES), EPA’s system for tracking Brownfields cooperative agreements.
3. The CAR is required to complete all training cycles at least 6 months before the cooperative agreement’s expiration to assist with reporting results into ACRES before the close of the cooperative agreement award. The final year of the cooperative agreement is intended to focus on final job placement for those not yet placed in
employment or who have not retained sustainable employment, tracking graduates, and reporting accomplishments to EPA electronically through ACRES.
E. Quarterly Progress Reporting
1. In accordance with EPA regulation 2 CFR § 200.329 the CAR agrees to submit quarterly progress reports to the EPA Project Officer within thirty days after each reporting period. The reporting periods are October 1 – December 31 (1st quarter); January 1 – March 31 (2nd quarter); April 1 – June 30 (3rd quarter); and July 1 – September 30 (4th quarter).
These reports shall cover work status, work progress, difficulties encountered, preliminary data results and a statement of activity anticipated during the subsequent reporting period, including a description of equipment, techniques, and materials to be used or evaluated. A discussion of expenditures and financial status for each workplan task, along with a comparison of the percentage of the project completed to the project schedule and an explanation of significant discrepancies shall be included in the report. The report shall also include any changes of key personnel concerned with the project.
The CAR shall refer to and utilize the Quarterly Reporting function resident within the Assessment, Cleanup and Redevelopment Exchange System (ACRES) to submit quarterly reports.
Quarterly progress reports must clearly differentiate which activities were completed with EPA funds provided under the JT cooperative agreement, versus any other funding source used to help accomplish activities.
Quarterly progress reports must include:
i. Documentation of progress in meeting the outputs/outcomes listed in the final workplan, deliverables completed to date as cited in the CAR’s project narrative, and an explanation of any slippage in meeting these deliverables ii. An update on meeting project milestones and progress in meeting project deadlines/timeline.
iii. A summary of the number of individuals entering training, number of veterans entering training, number of individuals completing training, the number of individuals obtaining employment, number of individuals that did not obtain employment, number of individuals that did not obtain employment but are pursuing further education, the average hourly starting wage of those who have obtained employment, and leveraged funds to date.
iv. Information regarding the location from where trainees were recruited and information regarding placement of graduates (i.e. job titles, starting salaries, and names of organizations where graduates were placed). v. A summary of the training completed to date including courses that were held and certifications provided.
vi. A detailed budget summary with a table showing the approved budget for each task by budget category, including the funds used to date for each task, the funds remaining for each task, and explanation notes, if applicable.
Following budget headings may include: Current Approved Budget, Costs Incurred this Quarter, Costs Incurred to Date, and Total Remaining Funds.
F. Final Project Report
1. In accordance with 2 CFR § 200.329 the CAR agrees to submit within 120 calendar days after the termination or expiration of the approved project period a final technical report, in narrative format, on the cooperative agreement and at least one reproducible copy suitable for printing to their designated EPA Project Officer. This report must clearly address the following items:
i. An overview of the project in terms of its overall process and outputs/outcomes completed.
ii. A summary of the results of the training program including the total number of persons recruited, the total number of persons entering and completing training, and the total number of persons placed in full-time employment. Additionally, information regarding those trainees pursuing further education, and the number of persons entering the environmental field must be provided.
iii. A description of how the trainees were recruited from environmentallyimpacted communities. iv. A summary of the post-tracking and follow-up activities that the CAR conducted for each trainee.
v. A summary of the cost per trainee and a description of the training provided.
vi. A description of how EPA involvement was referenced in outreach materials, if applicable.
vii. Problems encountered which prohibited the completion of the project goals or objectives, if applicable.
viii. Other pertinent information, including, when appropriate, analysis and explanation of cost overruns or high unit costs.
ix. Future plans for continuation of the program following the expiration of the EPA cooperative agreement.
After review of the final report, the EPA Project Officer may request additional information of the CAR. In addition to the final report, as provided in the General Term and Condition “Copyrighted Material and Data” the Project Officer may direct the CAR provide a copy of all tangible and intangible products that were created for the purpose of the funded project (i.e. videos, research findings, curriculum, presentations, etc.) If an exhibit or slide show was created or an item too large and/or expensive to duplicate, photos or transcripts of the product may be substituted.
G. Conflict of Interest
1. The CAR is subject to EPA’s Financial Assistance Conflict of Interest Policy when making subawards.
2. Recipient employees, contractors (including consultants) or other individual associated with the CAR will neither solicit nor accept gratuities, favors, or anything of monetary value from subrecipients. CARs may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties.
3. The CAR is also subject to the requirements in EPA’s General Term and Condition “Disclosing Conflicts of Interests.
II. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of Funds for the Cooperative Agreement Recipient
1. The only required training is OSHA 29 CFR § 1910.120 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER). The applicant is expected to provide additional training courses that specifically fit each applicant’s training program based on the labor market needs identified by that applicant.
Eligible use of grant funds under this agreement, depending on training identified in the CAR’s EPA-approved scope of work, may include, but are not limited to:
• Training in “green remediation” technologies, such as phytoremediation, bioremediation, or soil amendments; advanced sampling instrument operator training; or training in the reuse of biosolids and other industry residuals.
• Training in stormwater management; green infrastructure installation, management, and maintenance; or low impact development (LID) training for the purpose of preparing a brownfield site for sustainable reuse.
• Emergency planning, preparedness, and response training for emergencies leading to contamination on brownfields sites, such as organizing and implementing exercises; outreach to the public; spill response and cleanup, including industrial and environmental (e.g., oil spills, natural disasters, etc.); first responder, disaster site worker certification, and National Incident Management System (NIMS) training; Disaster Recovery.
• Enhanced environmental health and safety training related to site remediation, such as promoting chemical (substance, mixture, or article) safety awareness and stewardship; safe work practices (including an overview of the content of material safety datasheets (MSDS), information on exposure guideline limits (Occupational Exposure Limits and Recommended Exposure Limits), information contained within the NIOSH pocket guide to chemical hazards, or the OSHA/EPA Occupational Chemical Database); isolation of work areas; safe storage and handling of chemicals; prevention of spills; and training in an overview of any existing chemical-specific worker training and certification programs, including but not limited to: lead abatement; lead renovation, repair, and painting (RRP); asbestos; diisocyanates (autorefinishing and spray polyurethane foam); pesticide worker protection standards; PFCs; PBDEs/HBCD; and others.
• Energy efficiency, and alternative energy technologies, such as training in retrofitting technologies, in order to prepare brownfield sites for renewable energy installation for reusing and redeveloping former brownfield sites. • Personnel or contract costs for instructors to conduct training, fringe benefits, and/or personnel costs for tasks associated with programmatic reporting requirements. • Costs for screening and placement of individuals in the training program. • Costs for training materials and work gear associated with the training curriculum. • Development and refinement of existing curricula for training. • Implementing job development outreach activities directed toward engaging prospective employers to be involved in the job training program and to hire graduates.
• Training in the assessment, inventory, analysis, and remediation of sites or facilities at which hazardous substances, pollutants, contaminants, and petroleum are located, transported, or disposed, including training for jobs in environmental sampling,
demolition, underground storage tank removal, groundwater extraction, and site remediation associated with brownfields.
• Training in sustainable deconstruction in preparation of a brownfield site cleanup or redevelopment.
• Training participants in the use of techniques and methods for cleanup of hazardous substances, petroleum, and pollutants, such as asbestos abatement; lead abatement; RRP; mold remediation; and cleaning up sites contaminated by the manufacturing of illegal drugs (e.g., methamphetamine labs), abandoned gas stations, or mine-scarred lands.
• Training in confined space entry.
• Training in first-aid, CPR, and blood-borne pathogens. • Training in chemistry, toxicology, and geology to the extent necessary to inventory, assess, remediate, and clean up contaminated sites.
• Training in the requirements and implementation of the All Appropriate Inquiries Final Rule, as required in CERCLA § 101(35)(B) and 40 CFR 200 Part 312, and due diligence.
• Training in radiation safety and the cleanup of uranium mine tailings. • Training in HAZMAT, commercial driver’s license (CDL), forklift, and machine operations associated with the transportation of hazardous waste. • Training in freon removal or the removal of hazardous substances from white goods such as refrigerators and freezers located on a brownfield site. • Training in the use of compost and soil amendments and associated sampling, testing, and design considerations, and management techniques to support the assessment, cleanup, and preparation of sites for urban agriculture and horticulture. • Training participants in planning and conducting ecological restoration of contaminated land, including general botanical classes or introductory horticultural classes related to land and stream restoration or indigenous species and native plant re-vegetation; landscaping; and soil science related to preparing sites for reuse and redevelopment.
• Awareness training in Environmental Stewardship and Environmental Justice to promote community involvement in assessment, cleanup and reuse of brownfield sites.
• Training in climate change mitigation and adaption or resiliency as it relates to preparation of brownfield sites for cleanup and subsequent reuse. • Training in Green Infrastructure and Stormwater Management; and Erosion and Sediment Control for site remediation and preparation for reuse and redevelopment. • Training in building trades related to constructing beams, caps, synthetic barriers, pumping facilities, and similar structures to remediate contamination and site preparation.
• Training in national historic preservation and tribal historic preservation regulations associated with cleanup projects.
• Training in vapor intrusion testing and mitigation.
• Training in site surveying, mapping, blueprint reading, computer-aided design and drafting (CADD), and geographic information systems (GIS). • Insurance a trainee needs to participate in on-the-job training. • Costs associated with health exams (e.g., pulmonary function tests), drug testing, or licensing fees directly related to the training and/or the placement of graduates in environmental work.
• Costs used to cover rental fees associated with training facilities or minor alteration of existing facilities. (Construction costs are not allowable.) • Costs associated with eligible participant support costs, including transportation for trainees for site visits during training or to transport trainees to and from class.
Stipends for students (e.g. on-the-job training costs, or scholarship funds to support students’ enrollment in college courses) other than for transportation are not allowable as noted below in B. Ineligible use of funds for cooperative agreements.
2. Under CERCLA § 104(k)(5)(E), CARs and subrecipients may use up to 5% of the amount of federal funding for this cooperative agreement for administrative costs, including indirect costs under 2 CFR § 200.414. The limit on administrative costs for this agreement is $10,000. The total amount of indirect costs and any direct costs for cooperative agreement administration by the CAR or subaward administration by subrecipients paid for by EPA under the cooperative agreement may not exceed this amount. As required by 2 CFR § 200.403(d) and 200.412, the CAR and subrecipients must classify administrative costs as direct or indirect consistently and may not classify the same types of cost in both categories. Eligible cooperative agreement and subaward administrative costs subject to the 5% limitation include direct costs for:
a. Costs incurred to comply with the following provisions of the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards at 2 CFR Parts 200 and 1500 other than those identified as programmatic. i. Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 2 CFR § 200.308; ii. Maintaining and operating financial management systems required under 2 CFR § 200.302;
iii. Preparing payment requests and handling payments under 2 CFR § 200.305;
iv. Financial reporting under 2 CFR § 200.328;
v. Non-federal audits required under 2 CFR Part 200, Subpart F; and vi. Closeout under 2 CFR § 200.344 with the exception of preparing the recipient’s final performance report. Costs for preparing this report are programmatic and are not subject to the 5% limitation on direct administrative costs.
3. The EPA has determined that the administrative cost limitation does not apply to “programmatic” costs, (i.e. costs for activities that are integral to achieving the purpose of the grant), even if the Agency considered the costs to be “administrative” under the prior Brownfields Program.
i. The limitation does not apply to direct costs of training. For example, costs for instructor salaries, program management salaries (to the extent that such costs are included in the scope of work for Brownfields Job Training grants), materials (e.g. textbooks, equipment, and classroom supplies), necessary travel and transportation expenses, and medical tests required to qualify for hazardous substances related work are programmatic, not administrative.
ii. Costs for performance reporting required under 2 CFR Parts 200 and 1500 and the terms and conditions of this agreement are eligible programmatic costs as long as these costs are not included in the CAR’s indirect cost pool. iii. Clerical costs may be eligible as programmatic costs if supported by time records demonstrating that clerical personnel performed programmatic functions (e.g. student registration, copying course materials for use by trainees) under the cooperative agreement and these costs are not included in the CAR’s indirect cost pool.
B. Ineligible Uses of Funds for the Cooperative Agreement Recipient
1. Funds awarded under CERCLA § 104(k)(7) are intended for job training activities and may not be used for:
• Training in general construction skills and trades (e.g., carpentry, plumbing, electricity, etc. relating to constructing buildings).
• Training in natural resource extraction or related processes, such as hydraulic fracturing, oil refinery, or mining operations.
• Training that seeks to test a product or is intended to expand a business, including training that seeks to expand construction and demolition debris recycling businesses for example, or training that is intended to only serve staff of an existing business who are employed with that business.
• Conducting actual site assessments or cleanups, except within the context of on-the-job training.
• Conducting response activities often associated with actual cleanups (e.g., landscaping, demolition, and groundwater extraction), except within the context of on-the-job training assignments. Assessment, cleanup, and associated activity costs must be funded through other means.
• General or life skills, education activities, such as remedial classes in math and reading; job readiness training, such as developing resumes and acquiring interview skills; GED costs; website development; vehicle or medical insurance; or child care and daycare costs.
• Stipends for students, including on-the-job training costs, or scholarship funds to support students’ enrollment in college courses. As noted above, stipends for student transportation expenses are eligible.
• Membership fees, such as fees required to join placement service organizations or environmental organizations.
• Notwithstanding EPA’s General Term and Condition “Light Refreshments and/or Meals” Providing food or light refreshments to employees, instructors, and trainees - except at graduation ceremonies is not an allowable cost under this cooperative agreement.
• Costs that are unallowable (e.g., lobbying, fundraising, alcoholic beverages) under 2 CFR Parts 200 and 1500, as applicable.
• Matching any other federal funds (unless there is specific statutory authority for the match). The statutory authority for the Brownfields Job Training Program, section 104(k)(7) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 42 U.S.C. 9604(k)(7) does not provide the requisite authority.
Cooperative agreement funds may be used to match state or local funds, if authorized by the relevant state statute or local ordinance.
• Construction or substantial rehabilitation of buildings or other facilities to house training.
• Foreign travel.
• Application preparation costs. (Application preparation costs may be included in the CAR’s indirect cost pool as provided by 2 CFR § 200.460).
C. Interest-Bearing Accounts and Program Income
1. The CAR must deposit advances of cooperative agreement funds and program income (i.e., fees charged to trainees or funds raised with EPA financial support) in an interestbearing account. a. For interest earned on advances, CARs are subject to the provisions of 2 CFR 200.305(b)(9) relating to remitting interest on advances to EPA on a quarterly basis. b. Any program income (e.g. fees charged to students) earned by the CAR will be added to the funds EPA has committed to this agreement and used only for eligible and allowable costs under the agreement as provided in 2 CFR § 200.307 and 2 CFR § 1500.8, as applicable.
c. Interest earned on program income is considered additional program income. d. The CAR must disburse program income (including interest earned on program income) before requesting additional payments from EPA as required by 2 CFR 200.305(b)(5).
D. Leveraging
The CAR agrees to provide the proposed leveraged funding, including any voluntary cost-share contribution or overmatch, that is described in their application dated 10/4/2021. If the proposed leveraging does not materialize during the period of award performance, and the recipient does not provide a satisfactory explanation, EPA may consider this factor in evaluating future applications from the recipient. In addition, if the
proposed leveraging does not materialize during the period of award performance then EPA may reconsider the legitimacy of the award; if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the leveraged funding the recipient described in its application dated 10/4/2021, EPA may take action as authorized by 2 CFR § 200.339 and 2 CFR Part 180 as applicable.
III. Payment and Closeout
A. Payment and Closeout
The CAR may request payment from EPA pursuant to 2 CFR § 200.305. Closeout will be conducted in accordance with 2 CFR § 200.344, as appropriate. EPA will close out the award when it determines that all applicable administrative actions and all required work of the grant have been completed. The CAR, within 120 days after the expiration or termination of the cooperative agreement, must submit all financial, performance, and other repots required as a condition of the grant. At the end of the cooperative agreement, the CAR must refund to the Federal agency any balance of unobligated (unencumbered) cash advanced on the cooperative agreement.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO RATIFYING THE ACCEPTANCE AND APPROPRIATION OF THREE (3) NEW
GRANT AWARDS FROM CALIFORNIA VOLUNTEERS - OFFICE OF THE GOVERNOR, U.S. DEPARTMENT OF LABOR YOUTHBUILD, AND THE U.S.
ENVIRONMENTAL PROTECTION AGENCY.
WHEREAS, the City of Richmond, Employment and Training Department was awarded a total of $4,672,695 in grant funding from California Volunteers - Office of the Governor ($2,972,695), U.S. Department of Labor YouthBuild ($1,500,000), and the U.S. Environmental Protection Agency ($200,000); and
WHEREAS, the additional funding of $4,672,695 will be used to provide Richmond youth and young adults, ages 16 – 30, who are participating in RichmondWORKS, YouthWORKS, YouthBUILD, and RichmondBUILD with transitional employment, academic development, occupational skills training, career pathways and on-the-job training opportunities in high-wage, high-growth industries; and
WHEREAS, these new grants will significantly expand access to training and quality job placement opportunities for Richmond youth and young adults.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the acceptance and appropriation of the $4,672,695 from California Volunteers - Office of the Governor, U.S. Department of Labor YouthBuild, and the U.S. Environmental Protection Agency is hereby ratified.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
October 18, 2022
Mayor's Office
DATE: October 18, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Corrections to Individuals’ Term Expiration Dates on Boards, Commissions, and Committees
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
September 13, 2022
STATEMENT OF THE
ISSUE:
Actions are required to update term expiration dates for four individuals serving on the Library Commission and
the Urban Forest Advisory Committee.
RECOMMENDED ACTION: APPROVE updated term expiration dates for the following individuals: Thomas Harrison Jr., Library
Commission, Seat #5, Term Expires July 1, 2025;
Shannon Hilsey Choy, Urban Forest Advisory
Committee, Seat #1, Term Expires November 17, 2025;
Anita Pereira, Urban Forest Advisory Committee, Seat
#7, Term Expires November 17, 2025; Kyanna Williams,
Urban Forest Advisory Committee, Seat #9, Term
Expires November 17, 2025 - Mayor’s Office (Mayor Tom
Butt 510-620-6503).
AGENDA
REPORT
October 18, 2022
DISCUSSION:
On September 13, 2022, Thomas Harrison Jr. was appointed to the Library Commission with a term expiration date of July 1, 2024. However, the correct date is July 1, 2025.
On September 13, 2022, Shannon Hilsey Choy, Anita Pereira, and Kyanna Williams were appointed to the Urban Forest Advisory Committee with term expiration dates of November 17, 2024. However, the correct date is November 17, 2025.
DOCUMENTS ATTACHED:
N/A
October 18, 2022
Mayor's Office
DATE: October 18, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Contra Costa Mosquito and Vector Control District Board of Trustees Appointment
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
John Chris Dupin is applying for the City of Richmond’s vacant seat on the Contra Costa Mosquito and Vector
Control District’s Board of Trustees.
RECOMMENDED ACTION: APPOINT John Chris Dupin, Contra Costa Mosquito and Vector Control’s Board of Trustees, City of Richmond’s
Seat, Term Expires October 18, 2024 - Mayor’s Office
(Mayor Tom Butt 510-620-6503).
DISCUSSION:
John Chris Dupin is a retired journalist and lab technician. John was a journalist for several publications covering shipping and other industries. John worked as a laboratory technician in the Entomology Department of Rutgers University while earning AGENDA
REPORT
October 18, 2022
a biology degree. John took several entomology courses and the lab John worked in tested mosquitoes for resistance to pesticide as well as conducting basic research.
John collected mosquitos and reared their eggs into mosquito larvae, which were then tested for larvicide resistance. John retired in 2020 as a reporter for American Shipper.
DOCUMENTS ATTACHED:
Attachment 1 – John Chris Dupin’s Application
October 18, 2022
Mayor's Office
DATE: October 18, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Library Commission Appointment
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Marcela Jaimes is applying for a vacant seat on the
Library Commission.
RECOMMENDED ACTION: APPOINT Marcela Jaimes, Library Commission, Seat #2, Term Expires July 1, 2025 - Mayor’s Office (Mayor Tom
Butt 510-620-6503).
DISCUSSION:
Marcela Jaimes is a library media specialist. Marcela is a part of the Adult Leadership Program hosted by YES Nature to Neighborhoods, a nonprofit organization that supports Richmond residents with receiving exposure to nature. Marcela is an SSC AGENDA
REPORT
October 18, 2022
member at Caliber Beta Academy. Marcela attended and participated in West Contra Costa Unified School District board meetings and Richmond and San Pablo City Council meetings. Marcela is part of the Puente Mentorship Program.
Marcela’s interest in the Library Commission is their background working with youth in inner cities. As a Richmond resident, Marcela knows the importance of the public library creating a safe space for youth who want to explore out of their environment through literature. Marcela believes the library is a vital resource to the community, as a quiet place to study use the internet, and check out books.
DOCUMENTS ATTACHED:
Attachment 1 – Marcela Jaimes’s Application
RECEIVED
CITY CLERK'S OFFICE
MAR 29 2021
October 18, 2022
Mayor's Office
DATE: October 18, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Planning Commission Appointment
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Dilraj Singh is applying for a vacant seat on the Planning Commission.
RECOMMENDED ACTION: APPOINT Dilraj Singh, Planning Commission, Seat #5, Term Expires June 30, 2024 - Mayor’s Office (Mayor
Tom Butt 510-620-6503).
DISCUSSION:
Dilraj Singh is a J.D. candidate at the University of California, Berkeley’s School of Law with a Bachelor of Science in Business Administration from the University of California, AGENDA
REPORT
October 18, 2022
Berkeley’s Haas School of Business and a high school diploma from De Anza High School. Growing up in Richmond, Dilraj always wanted to help their city execute plans to better serve our residents, particularly low-income families such as their own. Dilraj feels that their background in Business Administration coupled with their legal education and passion for our city will make them a valuable asset to the Richmond Planning Commission. Dilraj looks forward to serving the city and enhancing their own knowledge of municipal operation in the process. Dilraj will begin their career as a public interest adviser to the City of Richmond.
DOCUMENTS ATTACHED:
Attachment 1 – Dilraj Singh’s Application
October 18, 2022
Mayor's Office
DATE: October 18, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Economic Development Commission Appointments
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Allison Huie, Louise Dyble, and Edward Thompson are
applying for vacant seats on the Economic Development
Commission.
RECOMMENDED ACTION: APPOINT Allison Huie, Economic Development Commission, Seat #6, Term Expires March 30, 2025;
Louise Dyble, Economic Development Commission, Seat
#7, Term Expires March 30, 2025; Edward Thompson,
Economic Development Commission, Seat #13, Term
Expires March 30, 2025 - Mayor’s Office (Mayor Tom
Butt 510-620-6503).
AGENDA
REPORT
October 18, 2022
DISCUSSION:
Allison Huie is the Director of College and Career for the West Contra Costa Unified School District (WCCUSD), overseeing Career and Technical Education programs.
WCCUSD’s Career Pathways prepare students with experience and training needed to be ready to enter the workforce and post-secondary training programs. This work is closely linked to and shares goals of economic development within the City of Richmond. Allison has volunteered with the Richmond Promise Advisory Board, Point Richmond Neighborhood Council, Contra Costa College’s Extended Opportunity Programs and Services Advisory Board, and the St. Vincent De Paul Society.
Louise Dyble is an attorney who plans to live in Richmond for the long term and would like to see the city thrive as an inclusive place that supports the success of its residents and businesses. Louise has volunteered with SPUR, the Housing Action Coalition, the California Lawyers Association’s Environmental Section, the Berkeley Student Coops Alumni Association, the California Studies Association (former chair), the Urban History Association, and the Society for City and Regional Planning History.
Edward Thompson retired in 2017 from the US Department of Energy and has volunteered with the Richmond Annex Neighborhood Council.
DOCUMENTS ATTACHED:
Attachment 1 – Allison Huie’s Application
Attachment 2 – Louise Dyble’s Application
Attachment 3 – Edward Thompson’s Application
BOARD OR COMMISSION APPLICATION FORM
DATE: _____________________
Check one: New Appointment
Re-Appointment
NAME OF BOARD OR COMMISSION: _____________________________________________________________ NAME: ______________________________________________________________________________________ HOME ADDRESS: _____________________________________________________________ ZIP CODE: ____________HOME PHONE: ______ WORK PHONE: _________ OCCUPATION: _______________________________________ EMAIL ADDRESS: ___ HOW LONG HAVE YOU BEEN A RESIDENT OF THE CITY OF RICHMOND: _____________________________ PLACE OF EMPLOYMENT: _____________________________________________________________________ REASONS FOR INTEREST IN APPOINTMENT:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ FRATERNAL AND/OR CIVIC ORGANIZATIONS:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ EDUCATION:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ REFERENCES (Minimum 5 – List Name, Address, Phone Number, and Email Address)
1.__________ _________________ _ __________
2.____________ _______________ _________
3.________ ___________________ ____________
4.____________ _________________ _____________
5.__________________ ________________ _____
To the best of my knowledge the information provided is true and correct:
_______________________________________________ ____________________________ Signature Date
Deliver or Mail to: City Clerk Or Email to: [email protected] 450 Civic Center Plaza
Richmond, CA 94804
For Office Use Only: New Appointment: Reappointment: 1st 2 nd 3rd
06/06/2021 Economic Development Commission Allison M. Huie 94804Educational Administrator 7 years As the Director of College & Career for WCCUSD, I oversee and support Career and Technical Education programs for students throughout our district, including students at all WCCUSD schools in the city of Richmond. WCCUSD Career Pathways prepare students with experience and training needed to be ready to enter the workforce and/or enter post secondary training programs upon graduation. This work is closely linked to and shares the goals of economic development within the City of Richmond.
Richmond Promise Advisory Board, Point Richmond Neighborhood Council, Contra Costa College Extended Opportunity Programs and Services Advisory Board, St. Vincent De Paul Society, BA- Philosophy, MA & Ph.D.- Curriculum & Instruction, Texas A&M University; Certificate - School Business Management, University of Southern California
Evan Decker San Pablo, CA 94608 ( | Uche Uwahemu Oakland, CA 94612 Jeff Carr Oakland, CA 94611, Karen Norwood Richmond, CA 94804 Bouakhay Phongboupha Richmond, CA 94804 6/6/2021
RECEIVED
CITY OF RICHMOND
CITY CLERK'S OFFICE
25 JULY 2022
October 18, 2022
Mayor's Office
DATE: October 18, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Red Ribbon Week – October 23-31, 2022
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
In October of 1988, the National Federation of Parents for Drug Free Youth, now the National Family Partnership,
recognized Red Ribbon Week to mobilize communities to
educate youth and encourage participation in drug
prevention activities.
RECOMMENDED ACTION: PROCLAMATION declaring October 23-31, 2022, as Red Ribbon Week in the City of Richmond – Mayor’s Office
(Mayor Tom Butt 510-620-6503).
DISCUSSION:
Underage cannabis, alcohol, and prescription drug use is a contributing factor in the three leading causes of death for teenagers: accidents, homicides, and suicides, the AGENDA
REPORT
October 18, 2022
former of which accounts for nearly half of all teenage deaths, and all of which are preventable.
The City of Richmond is grateful to the Pride & Purpose Project, whose mission is to foster a friendly and safe environment in West Contra Costa County to help prevent and create awareness of underage marijuana use, for bringing this proclamation to our attention and committing its resources to ensure the success of Richmond’s Red Ribbon Campaign. The goal of Richmond’s Red Ribbon Campaign is to involve families, schools, businesses, churches, law enforcement agencies, and service organizations and establish an atmosphere that supports awareness, education, and on-going initiatives to prevent illegal drug use, showcased by wearing and displaying red ribbons throughout the week.
The 2022 National Red Ribbon Week Theme, “Celebrate Life, Live Drug Free,” was created by Emily King, Chelsea Abbott, and Celise Wicker, 7th graders at WaylandCohocton Middle School in Wayland, New York, and serves as a reminder that everyday Americans across the country make significant daily contributions to their communities by being the best they can be because they live Drug-Free! DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
CITY OF RICHMOND, CALIFORNIA
P R O C L A M A T I O N
Declaring October 23-31, 2022 as Red Ribbon Week
WHEREAS, in October of 1988, the National Federation of Parents for Drug Free Youth, now the National Family Partnership, recognized Red Ribbon Week to mobilize communities to educate youth and encourage participation in drug prevention activities; and WHEREAS, underage cannabis, alcohol, and prescription drug use is a contributing factor in the three leading causes of death for teenagers: accidents, homicides, and suicides, the former of which accounts for nearly half of all teenage deaths, and all of which are preventable; and WHEREAS, the City of Richmond is grateful to the Pride & Purpose Project, whose mission is to foster a friendly and safe environment in West Contra Costa County to help prevent and create awareness of underage marijuana use, for bringing this proclamation to our attention and committing its resources to ensure the success of Richmond’s Red Ribbon Campaign; and WHEREAS, the goal of Richmond’s Red Ribbon Campaign is to involve families, schools, businesses, churches, law enforcement agencies, and service organizations and establish an atmosphere that supports awareness, education, and on-going initiatives to prevent illegal drug use, showcased by wearing and displaying red ribbons throughout the week; and WHEREAS, the 2022 National Red Ribbon Week Theme, “Celebrate Life, Live Drug Free,” was created by Emily King, Chelsea Abbott, and Celise Wicker, 7th graders at Wayland-Cohocton Middle School in Wayland, New York, and serves as a reminder that everyday Americans across the country make significant daily contributions to their communities by being the best they can be because they live Drug-Free!
NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council does hereby declare October 23-31, 2022 as Red Ribbon Week in the City of Richmond and urges community members to participate in drug prevention activities, making a visible statement that we support living healthy, drug-free lifestyles and value the health and safety of all our residents. ___________________________
Mayor Tom Butt
City of Richmond, California
October 18, 2022
October 18, 2022
Police Department
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, City Manager
Bisa French, Police Chief
Timothy Simmons, Captain
Elizabeth Bashan, Lieutenant
Gabino Arredondo, Project Manager
Craig Murray, Development Project Manager
Heather McLaughlin, Interim Assistant City Attorney
Shannon L. Moore, Senior Assistant City Attorney
James Atencio, Senior Assistant City Attorney
D. Dennis La, Partner, Aleshire & Wynder, LLP
SUBJECT: Contract for Point Molate Security Guard Services FINANCIAL IMPACT: The contract is funded through the approved budgeted amount in the general fund for Point Molate expenses
FY 2022-2023 $357,417; FY 2023-2024 $230,812
(01917090-400322).
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff is requesting approval of contracts with Allied Universal for security guard services at Point Molate.
RECOMMENDED ACTION: APPROVE a two-year contract with Allied Universal, for a total amount not to exceed $588,229, to provide security guard services at Point Molate, with a term from January 1, 2022, to June 31, 2024 – Police Department
(Lieutenant Elizabeth Bashan 510-621-1817/Craig
Murray 510-307-8188).
AGENDA
REPORT
October 18, 2022
DISCUSSION:
Point Molate is located on the San Pablo Peninsula approximately 1.5 miles north of the Richmond-San Rafael Bridge. Beginning in 1942, Point Molate served as a U.S. Navy fuel storage and transfer facility. It closed on September 30, 1995, under the U.S.
Department of Defense Base Realignment and Closure Act of 1990.
Security guard services are needed at Point Molate and will assist in providing a safer environment where residents and visitors feel comfortable accessing public spaces.
There are several historic buildings at Point Molate that have been victimized by theft and vandalism in the past. Security guard services will assist in protecting City property.
Under the Development and Disposition Agreement with Winehaven Legacy, the security expenses were required to be paid by Winehaven. Winehaven Legacy was in contract with Allied Universal to provide security services at Point Molate and was making direct payments to the security company. In August of this year, City staff became aware that Winehaven Legacy had stopped making payments to Allied Universal in January of 2022.
Under the Guidiville Rancheria vs United States et al. Amended Judgment, the City is responsible for bearing the costs of securing the property until the development areas are sold to a third party. Contracting with Allied Universal will allow for the continuation of security services at Point Molate.
City staff is following the piggybacking procurement process as outlined in Richmond Municipal Code 2.52.330. This process allows the City to piggyback off the security services contract procurement process used when Allied Universal was selected to provide security services at City Hall and Port properties on December 17, 2019.
The security services procurement process included the notification of 414 vendors and nine vendors submitted proposals. Proposals were scored according to the experience of the security company, security guard requirements and training, proposed methodology and approach to work, and proposed price. After review, scoring, discussion by the review team, and evaluation by the City’s Contract Compliance Manager, Allied Universal received the highest score and was found to have submitted the best overall proposal.
Approving this contract will facilitate the transfer of the security contract to the City to continue service and allow the City to pay any outstanding invoices services from January 1. This also allows the City to remain compliant with the Amended Judgment.
Appropriate reimbursement will be sought because Winehaven had the responsibility of paying for security under the Development and Disposition Agreement. The security company, Allied Universal, has been providing security services without interruption during the times between the transition of developers.
Allied Universal’s contract with the City will be overseen and managed by a designated staff person from the Richmond Police Department. The Police Department’s project manager, City Manager’s Office, and Public Works staff, along with an Allied Universal
October 18, 2022
representative, will convene meetings to address security concerns and deficiencies outlined by City officials, the public, and City staff.
ATTACHMENT:
Attachment 1 – Contract
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,
[ ] other [specify:]
2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Police Department Lt. E. Bashan/Cpt. Simmons
[email protected] (510) 965-4719
12424
Security Services at Point Molate
Allied Universal Security Services
550 Gateway Drive | Suite 101
Napa, CA 94558
Joseph Collier
(510) 363-5817 [email protected]
40051433 December 31, 2022
January 1, 2022
June 30, 2024
588,229
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Allied Universal Security Services
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Please reference attached "Scope of Services" and "Annual Cost Projection Sheet." Allied Universal Security Services
Scope of Services:
Provision of Security Services at former Naval Fueling Depot Point Molate Contractor will furnish all necessary personnel/labor, uniforms, equipment, marked vehicle, and supervision to provide unarmed security services for the Point Molate facility within the City of Richmond. This security deployment will involve one (1) single assignment for each specified area during specified periods throughout the week. The client may request, when needed, additional security or consulting services.
Contractor will provide uniformed, unarmed security guards as outlined in this Contract for security at the former Point Molate Naval Fuel Depot.
Contractor will assign one unarmed security guard (security personnel) for the following two areas: Hillside Area/east of Stenmark Drive and the Shoreline Area/west of Stenmark Drive. This roving security personnel shall report in at the Caretakers Office Buildings 123 at start/end of each shift and coordinate with the City personnel for any necessary assistance during each shift unless directed by the Project Manager to a different location.
Security personnel will physically patrol buildings and areas once per hour.
Security personnel will be unarmed and uniformed and will serve with two shifts of eight hours per shift during the week and three shifts on weekends (i.e., 0700- 1500, 1500- 2300, 2300-0700). Patrol during each shift will include the following two areas of coverage: One area will be west of the main road (Stenmark Drive), a public street, and the other area to the east of this main road. Areas east (hillside) include Areas 1, 6, 7 & 10 and the shoreline parcels in Area 8 & 9.
These areas to the east require a less intensive level of security review than the more improved portions of Point Molate west of the main road such as Areas 2, 3, 5, 11, 12, 13 & the Pier. Particular attention shall be paid to the Winehaven Historic Area and improvements that include former Naval Housing areas, Bldgs. 1, 6, 123, Areas 11, 87, 132 and the Pier.
Contractor will work with the designated client representatives to update the current Guard Tour System electronic check-in system (including adding additional checkpoints) for roving security patrol personnel. This system must be always operational and confirm physical check-ins by security personnel.
Contractor will work with the City to designate security check point sites and a deggy-style point to point patrol recording system. Current check point system needs to be reviewed due to staff concerns it has not worked.
Regular reports of supervisory log sheets shall be submitted that show appropriate level of supervision.
At the end of each shift, security personnel must submit activity reports documenting suspicious activity, vehicles, contacts etc., supported by
photographic evidence of parties, vehicles, and plates to the assigned client contact.
Security personnel shall be positioned within Point Molate. It is important to make significant changes such as Security will patrol the designated areas in a marked Security Vehicles. Private vehicles to post or patrol in will not be permitted.
Contractor to provide appropriate contact numbers of on-site security personnel, immediate supervisors, and dispatch
Contractor shall show background check clearance of employees assigned, appropriate licensing and insurance of staff and vehicles if requested.
Contractor shall ensure that all security personnel are equipped with a reliable communication device (i.e., two-way radios, or Nextel-type cellular phone/radio combinations) and have the RPD 24-hour non-emergency dispatch telephone number pre-programmed for quick access 510-233-1214.
Security personnel shall patrol the designated east and west of Stenmark Drive at least once per shift to check on the contracted property as well as the on-duty security person.
Contractor shall hold a monthly meeting with the client to discuss any security issues, as needed. Contractor will email a monthly summary of activity reports to City of Richmond team. The activity reports will be shared monthly to the City Council. Contractor to provide to project manager/s a monthly security report within 7 days after close of the prior month.
Security personnel shall report any suspicious persons, vehicles, or activity immediately to the Richmond Police Department 24 hours a day through Nextel Wireless or the non-emergency number (510) 233-1214. Any emergency shall be reported via 911.
Security personnel shall report maintenance problems such as inoperable doors, lighting fixtures, broken water lines, broken or inoperable gates and locks to the client contact as appropriate.
Security personnel to be provided by company a porta potty and any equipment to sanitize vehicles and equipment to make employees safe between shifts for covid or pandemic related concerns.
Other Requirements:
1. Contractor shall provide the City with assurance that a continuity of supervisory and security personnel shall be maintained.
2. Each security person shall have a California Security Guard certification Card issued by the California Department of Consumer Affairs.
3. Each Security person shall have the ability to work with the general public.
4. Each security person shall participate in instructional meetings when such meetings are called by the City, Fire Department or Police Department.
Location Specify for each
location:
Schedule of
Coverage
Hours
1. Point Molate
Richmond, CA
Unarmed Monday-Friday
15:00-07:00 and
24/7 on Saturday
and Sundays
128
Billing Rate
For Location 1: Unarmed Bill Rate OT/Holiday Bill Rate
Security Professional $34.30 per hour $51.45
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
Lt. E. Bashan/Cpt. Simmons
Allied Universal Security Services
Police Department
Lt. E. Bashan/Cpt. Simmons
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Allied Universal Security Services
Allied Universal Security Services
Lt. E. Bashan/Cpt. Simmons
550 Gateway Drive | Suite 101
Napa, CA 94558
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
N/A
Allied Universal Security Services
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
Allied Universal Security Services
October 18, 2022
Police Department
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Ordinance to Approve a Military Equipment Use Policy.
FINANCIAL IMPACT: The cost of the current equipment has already been approved in the FY 2022-2023 Police Department
budget. The Department does not intend to purchase
any additional equipment considered to be “military
equipment” in 2022.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
Assembly Bill 481, which took effect on January 1, 2022, requires law enforcement agencies to obtain City Council approval of a military equipment use policy by Ordinance prior to taking certain actions relating to the funding, acquisition, or use of equipment used by the Richmond
Police Department.
RECOMMENDED ACTION: ADOPT an ordinance (second reading) pursuant to state law (Assembly Bill 481) to approve Richmond
Police Department Policy 707 - Military Equipment Use
Policy - Police Department (Chief Bisa French 510-620-
6655).
AGENDA
REPORT
October 18, 2022
Background:
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 defines as “military equipment.” It requires the City Council to provide both authorization and oversight of the equipment used. The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)).
No later than May 1, 2022, a law enforcement agency seeking to continue use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process. The City of Richmond’s approval process began on April 26, 2022, and has resulted in several meetings and collaboration with key stakeholders and with the public. The City Council is required to adopt the policy within 180 days of beginning the approval process. Staff requests that the City Council adopt the ordinance at the October 4, 2022, City Council meeting, and if for some reason City Council requires additional amendments to the Ordinance/Policy, the Department can return later with further amendments. This 180-day period is critical to allow the Department to continue use of equipment that is vital to public and officer safety.
Military Equipment is defined by Government Code section 7070(c)(1-15) as the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (Not applicable to RPD)
3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. (Not applicable to RPD)
4. Tracked armored vehicles that provide ballistic protection to their occupants. (Not applicable to RPD)
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind. (Not applicable to RPD)
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
8. Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. (Not applicable to RPD)
9. Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to RPD)
11. Noise-flash diversionary devices and explosive breaching tools.
October 18, 2022
12. Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). (Not applicable to RPD)
14. Kinetic energy weapons and munitions (e.g., 40MM launcher, beanbag shotgun, foam-tipped projectiles).
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
Additionally, the law requires an annual report and annual review by the City Council for continued use of the equipment. Per Government code 7072(a), the Police Department will submit to the City Council an annual military equipment report within one year of approval, and annually thereafter for as long as the military equipment is available for use. The annual report will be made available to the public on the Police Department’s website and shall include a summary of the following:
1. How the military equipment was used and for the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
AB 481 requires the City Council to make the following findings in approving Policy 707:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (See Gov. Code section 7071(d)(1)).
Should the City Council desire to approve the policy, these findings are made in the attached ordinance (Attachment 1).
October 18, 2022
Discussion:
Richmond Police Department staff recommends that the City Council adopt the attached ordinance and Policy 707: Military Equipment Use Policy to ensure that the Richmond Police Department can continue to have access to each of its existing pieces of “Military Equipment.”
Military Equipment Use Policy: (Attachment 2)
The proposed Military Equipment Use Policy (RPD Policy 707) is attached to this agenda report as Attachment 2. The Military Equipment Inventory is incorporated into the Policy through Section 707.4 – Military Equipment Inventory.
Current Military Equipment Inventory (Attachment 3):
The Military Equipment Inventory identifies and describes each type of military equipment; its authorized uses; fiscal impact; rules/laws that govern use of each type of equipment; officer training required before using the equipment; and mechanisms to ensure compliance with the Policy. The “military equipment” detailed below is essential and necessary for the Richmond Police Department to continue protecting the public and to ensure officer safety. In addition, there are no reasonable alternative resources that can achieve the same objective. Below is a breakdown of the military equipment currently in use:
Unmanned Aerial Systems (UAS) & Robot – A UAS (commonly referred to as a drone) is an unmanned aircraft of any type that is capable of sustaining directed flight (remote control), and designed for gathering information through imaging, and/or recording. The UAS are means of gathering information without jeopardizing the safety of officers, bystanders, and criminal suspects. The robot is a small-unmanned remote controlled tracked robot that is capable gathering information through imaging, and/or recording.
Mobile Command Center - The Mobile Command Center is a 2012 EVI Spartan 40-foot non-armored vehicle used as an Incident Command Post for preplanned events or unplanned critical incidents. It is a vital component to the police mission when major emergencies, natural disasters or special events in the community trigger the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents.
Breaching Shotgun & Projectiles – The breaching shotgun is a Remington 870 Police Magnum shotgun modified to breach (open) secured doorframes and disable deadbolt-locking devices. The associated projectiles (shotgun breaching rounds) are rounds specifically made to fragment (break up) on impact. The use of a breaching shotgun and breaching projectiles are an effective option for specifically trained units within the Richmond Police Department.
Patrol Rifles & Ammunition – Rifles are a shoulder fired long gun that fires a rifle caliber cartridge (bullet projectile). The Department approved AR-15 style platform
October 18, 2022
weapon system is designed to fire a .223/5.56 caliber projectile bullet. To effectively and accurately address the increasing level of firepower and body armor utilized by criminal suspects, the Richmond Police Department provides patrol rifles only to qualified patrol officers. Examples of some general guidelines for deploying the Patrol Rifle include:
a) An officer reasonably anticipates an armed encounter; b) An officer is faced with a situation that may require the delivery of accurate and effective fire at long range;
c) An officer reasonably expects the need to meet or exceed a suspect’s firepower;
d) An officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage;
e) An officer reasonably believes that a suspect may be wearing body armor; f) When authorized or requested by a supervisor; or
g) When needed to euthanize an animal
Diversion Devices (Flashbangs) – Diversion Devices (flashbangs) is a non-lethal noise/flash device that emits an extremely loud sound and bright light as a distraction. It is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
Chemical Agents - Chemical agents are canisters or projectile rounds containing chemical agents that are released when deployed by specially trained officers.
Chemical agents are to be used exclusively by Special Response Team members.
During high-risk tactical incidents, chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police, and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at citizens and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control.
Less Lethal Impact Devices & Kinetic Energy Projectiles – Less lethal devices are tools specifically used to launch impact rounds. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Only department-approved kinetic energy munitions shall be carried and deployed.
Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Circumstances appropriate for deployment include, but are not limited to, situations in which:
a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions;
b) The suspect has made credible threats to harm him/herself or others; c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers; or d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
October 18, 2022
Some other key provisions of the policy are summarized below:
Section 707.3 – Military Equipment Coordinator
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) acting as a liaison to the City Council for matters related to the requirements of this policy, (b) identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council, (c) conducting an inventory of all military equipment at least annually, (d) collaborating with any allied agency that may use military equipment within the jurisdiction of Richmond Police Department, (e) preparing for, scheduling, and coordinating the annual community engagement meeting, (f) preparing the annual military equipment report for submission to the Chief of Police (prior to submission to the City Council) and ensuring the report is made available on the department’s website.
Section 707.8 – Community Engagement
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Section 707.9 – Community Concerns and Complaints
Members of the public may register complaints or concerns or submit questions by any of the following means:
1. Email: [email protected]
2. In-person or mail: Richmond Police Department Attn: AB481 Coordinator 1701 Regatta Boulevard, Richmond, CA 94804
The Department is committed to responding to complaints, concerns, and/or questions received and should respond within ten business days of receiving the correspondence.
Any complaints shall be referred to the Community Police Review Commission as the independent oversight body. All instances of non-compliance with the policy will also be reported to the City Council via the annual military equipment report.
Section 707.10- Military Equipment Training:
All personnel of the Richmond Police Department are trained in compliance with California Peace Officer Standards & Training (POST) requirements before using any of the equipment that falls within the categories listed in AB 481. Some of the equipment is used exclusively by members of the specially-trained RPD Special Response Team (which includes the Special Weapons & Tactics team, Mobile Field Force, Aerial Scout Team, and the Crisis Negotiation Team), who receive additional specialized training.
October 18, 2022
707.11 – City Council Approval
The City Attorney and City Council will be notified in writing of any changes to the Policy.
All amendments to the Policy must be reviewed and approved by City Council.
Stakeholder Engagement/Outreach:
On April 11, 2022, the Police Department launched a new web page (viewable at https://www.ci.richmond.ca.us/4248/Assembly-Bill-AB-481---Military-Equipmen ) dedicated to AB 481. This webpage includes information regarding Assembly Bill 481, community engagement meetings, draft RPD Policy 707 and an inventory report detailing the Police Department’s current equipment.
The Richmond Police Department held the following Community Engagement meetings in compliance with AB 481:
1. August 31, 2022: City Council Chambers – Members of the Richmond Police Department met with the public for an in person presentation regarding AB 481. A PowerPoint presentation was provided along with an overview of the police department’s military equipment use policy and inventory.
2. September 21, 2022: Zoom meeting – Members of the Richmond Police Department held a community engagement meeting via Zoom. The police department provided a presentation regarding AB 481 and an overview of the department’s military equipment use policy and inventory. There were 40 registrants to the Zoom meeting and 19 questions/comments were answered or discussed. The community engagement meeting was recorded and uploaded on the City of Richmond’s YouTube page.
3. The Richmond Police Department also introduced a new email for comments, concerns, or questions regarding our equipment policy ([email protected]).
DOCUMENTS ATTACHED:
Attachment 1 – Ordinance
Attachment 2 – Richmond Police Department No. 707: “Military Equipment Use” Policy Attachment 3 – Military Equipment Inventory
Attachment 4 – Assembly Bill 481
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND ADOPTING MILITARY EQUIPMENT USE POLICY NO. 707
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) now codified in California Government Code Sections 7070 through 7075, relating to the use of military equipment by law enforcement in California; and WHEREAS, Government Code Section 7101(a)(1)(A-G) requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and
WHEREAS, Government Code Section 7101(a)(1) requires that the adoption of such ordinance occur at a regular City Council meeting held pursuant to open meeting laws; and WHEREAS, the City Council has determined that the Policy complies with the requirements of AB 481 and that: (1) the identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) the Policy will serve to safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) in future instances in which equipment is to be purchased, the equipment will be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (4) any required corrective action has been taken to remedy use of military equipment inconsistent with the Policy and future compliance is ensured; and
WHEREAS, approval of the Policy authorizes funding, acquisition, and use of military equipment only as allowed by the Policy and requires annual reporting and approval in accordance with the Policy; and
WHEREAS, adoption of this Ordinance is not a project as defined by the California Environmental Quality Act (“CEQA”) because is an organizational or administrative activity that will result in direct in or indirect physical changes to the environment pursuant to CEQA Guidelines 15378(b)(5); and
THEREFORE, LET IT BE RESOLVED THAT NOW THE CITY COUNCIL OF THE CITY OF RICHMOND HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
The City Council finds and determines to be in full force and effect the Recitals above and hereby incorporates them herein.
2 SECTION 2. RICHMOND POLICE DEPARTMENT POLICY 707: MILITARY
EQUIPMENT USE POLICY
The City Council hereby approves the City of Richmond Police Department Policy 707 entitled “Military Equipment Use Policy,” a copy of which is attached hereto and by this reference incorporated herein. A copy of the approved Policy 707 has been added to the City’s website for continuous access by the Council, staff and the public.
SECTION 3. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this uncodified Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause, or phrase.
SECTION 4. NO CODIFICATION
This Ordinance shall not be codified in the Richmond Municipal Code.
SECTION 5. EFFECTIVE DATE
This uncodified Ordinance shall be effective thirty (30) days after passage and adoption. First introduced at a regular meeting of the City Council of the City of Richmond held , 2022, and finally passed and adopted at a regular meeting held , 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Approved:
CLERK OF THE CITY OF RICHMOND (SEAL)
Mayor
3 Approved as to form:
City Attorney
Policy
707
Richmond Police Department
Richmond PD CA Policy Manual
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 1 Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 and establish guidelines for the funding, acquisition, use, and reporting requirements of "military equipment" as the term is defined in Government Code §7070. These obligations include but are not limited to seeking approval on specific items deemed by statute to be military equipment and requirements related to compliance, annual reporting, and complaints regarding these items. 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing Body – The Richmond City Council.
Military Equipment – Shall have the same meaning as defined by California Government Code §7070, which includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions (e.g., 40MM launcher, bean bag shotgun, foam-tipped projectiles).
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 2 • Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Richmond Police Department that members of this department comply with the provisions of Government Code §7071 with respect to military equipment. Violations of this policy by member(s) of the Richmond Police Department will be investigated in accordance with the Department's Personnel Complaints policy.
707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as a liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Richmond Police Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police (prior to submission to the City Council) and ensuring the report is made available on the departmentwebsite.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Richmond Police Department, as well as provides legal and procedural rules for use and training requirements.
Military Equipment Inventory
707.5 APPROVAL OF THIS POLICY
The Chief of Police or authorized designee shall obtain approval from the City Council by way of an ordinance approving the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council, a public hearing is held, and the policy is available on the Department's website for at least 30 days prior to any public hearing concerning the military equipment at issue
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 3 (Government Code §7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code §7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
The City Council must be able to make the following findings in approving the Military Equipment Use policy as required by Government Code §7071(d)(1) in order to use military equipment:
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(c) If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
707.7 MILITARY EQUIPMENT ANNUAL REPORT
Upon approval of this military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 4 is available for use (Government Code § 7072). In considering the annual report and ordinance annually, the City Council needs to consider whether it can continue to make the findings in California Government Code §7071(d)(1).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
707.9 COMMUNITY CONCERNS AND COMPLAINTS
Pursuant to Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions by any of the following means:
1. Email: [email protected]
2. In-person or mail:
Richmond Police Department
Attn: AB481 Coordinator
1701 Regatta Boulevard, Richmond, CA 94804
The Department is committed to responding to complaints, concerns, and/or questions received and should respond within ten business days of receiving the correspondence. Any complaints shall be referred to the Community Police Review Commission as the independent oversight body.
All instances of non-compliance with the policy will also be reported to the City Council via the annual military equipment report.
707.10 MILITARY EQUIPMENT TRAINING
Military equipment shall only be used after applicable training, including any course required by the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed unless exigent circumstances exist.
707.11 CITY COUNCIL APPROVAL
Pursuant to California Government Code §7071, the City Council of Richmond approved this Policy pursuant to Ordinance ### on October 4, 2022. The City Attorney and City Council should be notified in writing of any changes to this policy. All amendments to the policy must be reviewed and approved by City Council.
Richmond Police Department
Richmond PD CA Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/09/27, All Rights Reserved.
Published with permission by Richmond Police Department ***DRAFT*** Military Equipment Use Policy - 5 707.12 COMPLIANCE
The Department's AB481 Coordinator will ensure that Department members comply with this policy. The AB481 Coordinator will conduct an annual audit with assistance from members of the Office of Professional Accountability. Any violations will be referred to the Office of the Chief of Police and handled in accordance with the Department's Personnel Complaints policy. All instances of non-compliance will be reported to the City Council via the annual military equipment report.
Richmond Police Department
MILITARY EQUIPMENT INVENTORY
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Background
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of certain types of equipment that AB 481 labels as “military” equipment. It requires the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)). The City Council is required to approve the policy for the Department to continue using this equipment.
Additionally, the law requires an annual report and annual review by the governing body for continued use of the equipment. AB 481 requires every local law enforcement agency in California to post its proposed military equipment use policy no later than May 1, 2022. The law also requires at least a 30-day period for public comment on the proposed policy before the governing body discusses the proposed policy in a public meeting.
Police agencies across the state have developed similar policies to comply with this new law. The Department’s proposed policy describes the equipment that has already been in the Department’s possession. The Department does not possess any equipment that is atypical for the region.
The City of Richmond possesses fewer types of this equipment than many other Bay Area agencies.
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Definitions
Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)
“Governing body” means the Richmond City Council and Mayor. “Military equipment” means the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
This definition applies to the Department’s inventory of small Unmanned Aircraft Systems (sUAS) and SWAT robots.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (Not applicable to the Richmond Police Department)
3. High mobility multipurpose wheeled vehicles (HMMWV), 2 ½, ton trucks, five-ton trucks, or wheeled vehicles that have breaching or entry apparatus attached. (Not applicable to the Richmond Police Department)
4. Tracked armored vehicles that provide ballistic protection to their occupants (Not applicable to the Richmond Police Department)
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (Mobile Command Vehicle)
6. Weaponized aircraft, vessels, or vehicles of any kind. (Not applicable to the Richmond Police Department)
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. (Breaching Shotguns)
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8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. (Not applicable to the Richmond Police Department)
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to the Richmond Police Department)
11. Noise-flash diversionary devices and explosive breaching tools.
12. Munitions containing tear gas or OC, excluding standard, serviceissued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs. (Not applicable to the Richmond Police Department)
14. Kinetic energy weapons and munitions to include 40mm launcher, beanbag shotgun, foam-tipped projectiles.
15. Any other equipment as determined by a governing body (Richmond City Council) or a state agency to require additional oversight. (Not applicable to the Richmond Police Department)
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Military Equipment Use Policy
Military equipment use policy means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
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Military Equipment Inventory
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, extended range impact munitions, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expirations, and replenishment guidelines.
The following are various types, descriptions, and guidelines for usage of military equipment currently employed by the Richmond Police Department:
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TACTICAL ROBOT
Equipment Type: Small unmanned tracked robot of any type that is capable of being remotely controlled as well as all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.
Quantity Owned: One (1) Lifespan: Approximately 5-7 Years Equipment Capabilities: Can support first responders in any hazardous incident, which would benefit from a ground level perspective. These uses could include barricaded suspects or high-risk tactical operations, disasters response, and use in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.
Manufacturer Product Description: Small throwable reconnaissance robot designed and manufactured by Recon Robotics, is for use in law enforcement and military applications. The robot can be used by Law Enforcement First Responders, dismounted patrols, special weapons and tactics (SWAT) and other special operations teams.
Purpose: Used to remotely gain visual and audio data, open doors, and clear buildings.
Uses: This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. Only assigned S.W.A.T. operators who have been trained shall be permitted to operate the smallunmanned tracked robot. Use is established by the S.W.A.T team commander, and or Incident Commander. Robots shall not be used as a Use of Force on a person.
Fiscal Impact: Initial Cost $7,500 Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the robot only for official law enforcement purposes, and in a manner, that respects the privacy of our community, pursuant to State and Federal law.
Training Required: S.W.A.T. officers authorized to operate tracked robots are required to successfully complete SWAT Basic school and are subject to practical application training in the use of the robot. Additionally, SWAT Officers regularly train on safe robot deployment in a variety of operational settings.
Other Notes: Recon Robotics Recon Scout
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UNMANNED AERIAL SYSTEM (UAS)
Equipment Type: An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.
Quantity Owned: Eight (8) Lifespan: Approximately 3-5 Years Manufacturer Product Description:
DJI INSPIRE – Small Unmanned Aerial System (UAS) is an unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.
QUANTITY – 1 (One)
INITIAL COST – $11,000
DJI Matrice 210 – Equipped with both an aerial zoom and thermal camera, first responders can now quickly locate missing people in remote areas and plan the safest approach path.
QUANTITY – 1 (One)
INITIAL COST – $16,000
DJI Mavic Pro M1P – The Mavic is smaller, lighter, and easier to carry with you thanks to its foldable design. Its new OcuSync transmission system has a longer transmission range and 1080p resolution. Due to its larger size, the Phantom 4 has a higher maximum speed and can withstand stronger winds.
QUANTITY – 1 (One)
INITIAL COST – Donated
DJI Mini 2 – The Mini 2 can resist 29-38kph winds and take off at a max altitude of 4,000 meters, so your footage is stable even when flying along a windy coastline or high above an alpine forest. With a max battery life of 31 minutes, DJI Mini 2 grants more than enough time to compose the perfect shot.
QUANTITY – 2 (Two)
INITIAL COST – $550 x 2
DJI Mavic Enterprise DUAL – Integrated Radiometric FLIR Thermal Sensor with adjustable parameters for emissivity and reflective surfaces.
QUANTITY – 2 (Two)
INTITIAL COST – $3,338 x 2
DJI Mavic 2 Enterprise ADVANCED – A highly versatile yet compact tool that packs a whole lot of performance upgrades. With high-resolution thermal and visual cameras, the M2EA supports up to 32 times digital zoom and is capable of centimeter-level positioning accuracy with the RTK module.
QUANTITY – 1 (One)
INITIAL COST – $7,300
Purpose: UAS can support first responders in any hazardous incident, which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.
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Uses: Only authorized operators who have completed the required training shall be permitted to operate the UAS.
1. All flights will be approved in advance by a lieutenant and in the absence of management personnel; the sergeant will have the authority to approve missions.
2. All flights will be documented on the mission dispatch form designed for the purpose and all flight time shall be accounted for on the form. The reason for the flight and type of mission as specified and the name of the police manager or supervisor approving the mission will also be documented.
3. The manager or supervisor approving any flight missions, UAS operators and observers will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Each UAS operator and observer will ensure that the operation of the UAS is consistent with local, state, and federal laws.
4. The use of the UAS will be limited to the authorized missions described herein. The authorized missions for the RPD UAS are:
• Post-incident crime scene preservation and documentation • Explosive Ordinance Disposal (EOD) missions
• Response to hazardous materials spills
• Search and Rescue (SAR) missions defined in California Government Code Section 26614 Public safety and life preservation missions to include barricaded suspects, hostage situations, civil unrest incidents, active shooters, apprehension of armed and dangerous and/or violent fleeing suspects, and high-risk search warrants • Disaster response and recovery to include natural or human caused disasters including a full overview of a disaster area for post-incident analysis and documentation • Training missions
• In response to specific requests from local, state, or federal fire authorities for fire response and prevention
• When there is probable cause to believe that (1) the UAS will record images of a place, thing, condition, or event; and (2) that those images would be relevant to proving that a certain felony had occurred or is occurring, or that a particular person committed or is committing a certain felony and the use of the UAS does not infringe upon the reasonable expectation of privacy
• Pursuant to a search warrant
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MOBILE COMMAND CENTER
Equipment Type: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation. Some major incidents engender special management challenges and require an on-site incident command structure to assist senior personnel in addressing the circumstance presented by the incident.
Quantity Owned: 1 (One) Lifespan: The EVI Spartan Mobile Command Center was purchased in 2013
and has a 20-year lifespan on chassis and
vehicle structure. Upgrades will be needed
in time to maintain IT systems.
Equipment Capabilities: This vehicle is designed to be a stand-alone mobile command post for large-scale high risk or natural disasters.
Manufacturer Product Description: 2012 EVI Spartan is a 40-foot non-armored vehicle used as an Incident Command Post for preplanned events or unplanned high - risk incidents. As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with various missions.
Purpose: The Mobile Command Center is a vital component to the police mission when major emergencies, natural and man-made disasters or special events in the community trigger the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents.
Uses: Instances that require the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents. It is the policy of the Richmond Police Department to have the Mobile Command Center ready and available for use at any emergency, special operation, special event, or other function requiring the use of an on scene incident command post.
Fiscal Impact: Initial Cost $402,152.52 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to use the mobile command vehicles only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
Training Required: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city.
Authorized drivers will possess a valid Class B California Driver license with an airbrake endorsement and complete requisite training on the operation of the MCC and its systems.
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BREACHING SHOTGUN & PROJECTILES
Equipment Type: Remington 870 Breaching Shotgun and TESAR Breaching Rounds Quantity Owned:
Shotguns - 2 (Two)
Lifespan:
25 years or dependent on operational usage
Breaching Rounds - 300 Approximately 5 Years
Equipment Capabilities: This weapon allows breachers to safely utilize shotgunbreaching rounds in order to destroy deadbolts, locks, and hinges. The standoff that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round.
Manufacturer Product Description:
Remington 870 Police Magnum – Pump-action shotgun is a rugged 12gauge with a short, tactical 14” barrel backed by a stout 3” chamber.
TESAR 2 Breaching Rounds – Black Cap 2-3/4” 425 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.
TESAR 1 Breaching Rounds – Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Ga Shotgun Slug.
Purpose: Shotgun breaching, the use of a breaching shotgun to affect a breach, can be an effective option in SWAT Unit tactics. An effective breach is a design where the least amount of breaching shotgun rounds are used and still accomplishes its goal. An effective shotgun breach can defeat fortified doors and locks.
Uses: Breaching shotguns shall only be used on a door, gate, or other entry in the following circumstances:
1. Barricaded suspect and/or hostage situations.
2. High-risk warrant services
3. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.
Fiscal Impact:
Breaching Shotguns - Initial Cost $550
(Each)
Breaching Rounds – Initial Cost $2,000
Annual Maintenance Cost:
$100
$500
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
Training Required: SWAT Officers that are trained in the use of breaching shotguns must successfully complete a SWAT Breaching course or in-house training from a breaching instructor. Furthermore, SWAT Officers must undergo live fire proficiency training in its application.
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PATROL RIFLES & AMMUNITION
Equipment Type: A semi-automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Department-approved AR-15 style (Colt M4) weapon system is designed to fire a .223/5.56 caliber projectile.
Quantity Owned:
Rifles - 98 (Ninety-eight) total
.223 Ammunition – 10,000 Rounds
.308 Ammunition – 2,000 Rounds
Lifespan:
15+ Years
Varies
Varies
Equipment Capabilities:
The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, patrol rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. .223 Ammunition - Operational Range from 0-500 yards
.308 Ammunition - Operational Range from 0-1000 yards
Manufacturer Product Description:
COLT M4 Carbine / Patrol Rifle– This carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Colt’s reliability, performance and accuracy provide officers the confidence required to accomplish any mission.
QUANTITY: 50
INITIAL COST: $895 each
COLT M4 / M16 A2E / (Exclusive to trained SWAT operators) – The SWAT M4 rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.
QUANTITY: 13
INITIAL COST: $1,025 each
COLT Commando / (Exclusive to trained SWAT operators) – The Colt Commando is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.
QUANTITY: 2
INITIAL COST: $1,199 each
DPMS M-160 / (Exclusive to trained SWAT operators) – The DMPS is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.
QUANTITY: 5
INITIAL COST: $1,199 each
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COLT M16 A2 / (Exclusive to trained SWAT operators) – The Colt M16 A2 is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.
QUANTITY: 2
INITIAL COST: $1,199 each
COLT AR-15 Match Target Competition Rifle – This rifle is a Colt Match Target (flattop) with 16″ heavy barrel with 1 in 9 twist. It has a removable handle so that a scope or optical site can be easily mounted. It comes with match rear sights and regular front site.
QUANTITY: 8
INITIAL COST: $1,199 each
H&K MP5 (Exclusive to trained SWAT operators) – Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing.
QUANTITY: 17
INITIAL COST: $965 each
H&R Arms M14 – Weapon is decommissioned
QUANTITY: 1
INITIAL COST: N/A
Gold Dot Soft Point 55 or 62 grain .223 & Federal / Winchester 55 grain FJM .223 - Only ammunition that meet RPD specifications, approved by the Chief of Police, and issued by the Department may be used by officers in their law enforcement responsibilities.
INITIAL COST: $358 per 1,000 rounds
ANNUAL COST: $8,000
Federal Tactical Tru 168 grain .308 & Federal Tactical Bonded Tip 168 grain .308 (Exclusive to trained SWAT operators) - Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions.
INITIAL COST: $450 per 500 rounds
ANNUAL COST: $2,000
Purpose: In order to more effectively and accurately address the increasing level of firepower and body armor utilized by criminal suspects, the Richmond Police Department (RPD) will make patrol rifles available to qualified patrol officers as an additional and more immediate tactical resource.
Uses: Officers may use rifles in the following situations:
a) When there is an objectively reasonable anticipation of an armed encounter.
b) When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range.
c) Situations where an officer reasonably expects the need to meet or exceed a suspect’s firepower.
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d) When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage. e) When an officer reasonably believes that a suspect may be wearing body armor.
f) When authorized or requested by a supervisor
g) When needed to euthanize an animal
Fiscal Impact: Listed above Annual Maintenance Cost: $250 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Training Required: Officers shall not carry or use the patrol rifle unless they have successfully completed departmental training. This training shall consist of an initial 40- hour patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete quarterly training and qualification conducted by certified patrol rifle instructors.
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DIVERSION DEVICES
Equipment Type: Canisters that emit a loud noise and bright light Quantity Owned: 150 (One hundredfifty)Lifespan: 5 Years Equipment Capabilities: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attentiongetting” devices. Light Level 6 – 8 million Candelas Light Duration 10 milliseconds.
Manufacturer Product Description: This compact version of the 8933 Low Roll body is the newest version of the original reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device unit packs all the power of the full size 12-Gram Distraction Device unit.
Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term physiological/psychological sensory deprivation to give officers a tactical advantage.
Uses: Generally, flash/sound diversionary devices may be considered whenever the use of a less lethal diversion would help facilitate entry, enabling arrest and potentially reducing the risk of injury by disorientation of potentially dangerous suspects and/or animals. Diversion devices shall only be used for distraction purposes.
Circumstances for the use of flash/sound diversionary devices include:
1. Barricaded suspect and/or hostage situations.
2. High-risk warrant services.
3. Disperse potentially violent animals.
4. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.
Fiscal Impact: Initial Cost $6,800 per 120
devices
Annual Maintenance Cost: $0
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department’s policy to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Training Required: Diversionary Device Trainers must successfully complete a Diversionary Device Course that has been approved by the SWAT Commander.
Diversionary Device Trainers are responsible for maintaining and updating the SWAT Team's training and qualification as they pertain to the deployment of diversionary devices.
Diversionary Device Trainers will attend at least one course related to diversionary devices every three years for updating training and maintenance of their training skills.
15 | P A G E
CHEMICAL AGENTS
Equipment Type: Canisters or projectile rounds containing chemical agents that are released when deployed
Quantity Owned: 675 Lifespan: 5 Years
Equipment Capabilities: Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size.
Manufacturer Product Description: Examples of chemical agents include CN, CS and OC. Delivery methods include Ferret rounds, blast dispersion rounds/canisters, burning canisters and barricade penetrating rounds.
Defense Tech SPEDE-HEAT – Pyro Burning CS gas
Canister
Quantity: 10
Defense Tech HAN-BALL – Pyro Burning CS gas Quantity: 20 Defense Tech Flameless Tri-Chamber – Pyro Internal
Burn CS gas
Quantity: 10
CTS Indoor 5230B – Pyro Indoor Safe CS gas with dense
cardboard to prevent heat/outside flame
Quantity: 25
Defense Tech Aerosol Vapor – Non-Pyro OC gas Quantity: 25 Defense Tech Maximum Smoke – Pyro high volume
white smoke
Quantity: 10
CTS 40mm Liquid Ferret Rounds – Non-Pyro CS gas
Launchable Munition with instantons delivery once
ruptured
Quantity: 100
Defense Tech 40mm Direct Impact OC – Direct impact
OC gas
Quantity: 100
Pepperball – Pepper ball live projectiles .2% PAVA Quantity: 375 Purpose:
Chemical agenda are to be used exclusively by SRT team members. Generally, during high-risk tactical incidents, chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police and the suspect.
Chemical agents can be also used to prevent an armed suspect from accurately firing at citizens and/or officers.
Uses: Chemical agents may be used for crowd control, crowd dispersal or against barricaded suspects in certain circumstances. Only the Patrol Sergeant, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of
16 | P A G E
tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed.
Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control and in accordance with the following requirements of Penal Code § 13652:
(a) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(b) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (c) Individuals are given an objectively reasonable opportunity to disperse and leave the scene.
(d) An objectively reasonable effort has been made to identify individuals engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of individuals.
(e) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (f) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
(g) An objectively reasonable effort has been made to extract individuals in distress. (h) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (i) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(j) Kinetic energy projectiles or chemical agents shall not be used solely due to any of the following:
1. A violation of an imposed curfew.
2. A verbal threat.
3. Noncompliance with a law enforcement directive.
(k) If the chemical agent to be deployed is tear gas, only an Incident Commander at the scene of the assembly, protest, or demonstration may authorize its use.
Fiscal Impact: Initial Cost $5,000 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Training Required: Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control. Proficiency training must be conducted and documented by a Department approved instructor.
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LESS LETHAL IMPACT DEVICES & KINETIC ENERGY
PROJECTILES
Equipment Type: Less than lethal tool to launch impact rounds Quantity Owned:
Less lethal impact devices: (35) Thirty-five
Kinetic energy projectiles: 700
Lifespan:
10 Years and dependent on operational
usage
5 Years
Manufacturer Product Description, Capabilities, Quantity, Cost:
Remington 870 Bean Bag Shotgun – Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.
QUANTITY: 17
INITIAL COSTS: $550
Remington 870 Chemical Shotgun (Exclusive to trained SWAT operators) – Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.
QUANTITY: 2
INITIAL COSTS: $550
Penn Arms 40mm, 6-cylnder Pump Multi-Launcher – Capable of firing a variety of munitions with a maximum effective range of 120 feet. The launchers can deliver munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 3
INITIAL COSTS: $1,531 each
Penn Arms 40mm, single-shot launcher – Capable of firing a variety of munitions with a maximum effective range of 120 feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 7
INITIAL COSTS: $1,302 each
FN 303 Launcher – The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining
QUANTITY: 4
INITIAL COSTS: $1,299 each
Federal Laboratories 37mm – The long range projectile has a 150 yard range (Decommissioned)
QUANTITY: 2
INITIAL COSTS: $299 each
Defense Tech 40mm Exact Impact Round -
6325 – Safe Range 5 ft – 131 ft; 325 fps
6325-A (Marking) – Safe Range Open 5 Ft – 131 Ft 315 fps Closed 131 Ft – 230 Ft; 425 fps
QUANTITY: 150
INITIAL COST: $3,000
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Defense Tech 12 gauge Bean Bag – Drag Stabilized round / Safe Range 20 ft – 75 ft, 270 fps, tear shaped bag filled with #9 shot
QUANTITY: 250
INITIAL COST: $1,000
CTS 12 gauge Bean Bag – Super-sock round / Effective Range up to 75 ft, 270-290 fps, shot filled ballistic fiber
QUANTITY: 300
INITIAL COST: $1,200
Purpose: This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely.
Uses: The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control and in accordance with the following requirements of Penal Code § 13652.
(a) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(b) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (c) Individuals are given an objectively reasonable opportunity to disperse and leave the scene.
(d) An objectively reasonable effort has been made to identify individuals engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of individuals.
(e) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable.
19 | P A G E
(f) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
(g) An objectively reasonable effort has been made to extract individuals in distress. (h) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (i) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(j) Kinetic energy projectiles or chemical agents shall not be used solely due to any of the following:
1. A violation of an imposed curfew.
2. A verbal threat.
3. Noncompliance with a law enforcement directive.
(k) If the chemical agent to be deployed is tear gas, only an Incident Commander at the scene of the assembly, protest, or demonstration may authorize its use.
Less lethal impact devices and kinetic energy projectiles shall not be used in the following circumstances:
On a person who is under restraint
Targeted at a person’s head, neck or vital organs
Within 20 feet or a distance that could cause death or serious bodily injury On a person only engaged in non-compliance or passive resistance On a person who has made credible threats to harm themselves but is not imminently carrying out this threat
Fiscal Impact: Initial cost Listed above Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the less lethal impact devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
Training Required: Only personnel trained and having shown proficiency in the use of any control device are authorized to carry the device. Proficiency training must be conducted and documented by a Department approved instructor.
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
92 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
92 — 9 — Ch. 406
October 18, 2022
Public Works
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Robert Chelemedos, Streets Superintendent
Subject: Contract with O. C. Jones & Sons, Inc. for Paving Equipment Rental Services and Appropriation of $2,200,000 SB1 Fund Balance
FINANCIAL IMPACT: The proposed contract expenditure of $5,000,000 will be funded from the approved fiscal year 2023-2026 Public
Works budgets including the appropriation of $2,200,000 from the 2022-2023 SB1 Fund Balance to the 2022-2023
Paving Program. Account string: 11931031-400645-SB116.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The Public Works Department is seeking approval of a threeyear contract, with the option of one (1) two-year renewal option, with O.C. Jones & Sons, Inc. for the rental of street paving equipment, as needed, to supplement City crews on larger paving projects and to appropriate $2,200,000 from the SB1 Fund Balance to the 2022-23 Paving Program.
RECOMMENDED
ACTION:
APPROVE a three-year contract in an amount not to exceed $5,000,000, with the option of one two-year renewal in the amount of $3,000,000, with O.C. Jones & Sons, Inc., for the rental of street paving equipment, as needed, to supplement City crews on larger paving projects; and APPROPRIATE
$2,200,000 from the 2022-2023 SB1 Fund Balance to the
2022-2023 Paving Program – Public Works Department (Rob Chelemedos 231-3007).
AGENDA
REPORT
October 18, 2022
The proposed contract with O. C. Jones & Sons, Inc. is to provide the necessary paving equipment for the Public Works Department to maintain the resurfacing schedule for the upcoming fiscal years. This contract allows for the use of variable size of equipment to accommodate various types of projects to be performed by the Public Works Department and access to such equipment in a timely manner consistent with street paving schedules.
A request for bids was posted online on August 18, 2022, and closed on September 8, 2022. A request for bids was posted for furnishing and delivering rental of operated heavyduty industrial/construction equipment and 419 vendors were notified. Of those, one bid was received from O.C. Jones & Sons, Inc.
Additionally, there is a need to appropriate $2,200,000 from the 2022-2023 SB1 Fund Balance to the 2022-2023 Paving Program to resurface the northbound San Pablo Avenue from the El Cerrito City Limits to the I-80 Overpass and various sections on Castro Street.
DOCUMENTS ATTACHED:
Attachment 1 – Contract
Attachment 2 – Resolution
Attachment 3 – Bid Results
Attachment 4 – Bids Online Report
Reso. No. XX-22
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, APPROVING THE APPROPRIATION OF $2,200,000 FROM THE 2022- 23 SB1 FUND BALANCE TO THE 2022-23 PAVING PROGRAM
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April, 2017, in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2,510,376 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, on September 13, 2022, City Council approved the 2022-23 SB1 list of Regional Collectors to be resurfaced including:
• Richmond Parkway: On Westbound from Lakeside Dr. to 1200 feet easterly. • Richmond Parkway: On Eastbound from San Pablo Avenue to Lakeside Dr. • San Pablo Avenue: On Southbound between Richmond Parkway and Hilltop Drive.
• San Pablo Avenue: On Northbound from El Cerrito City Limits to Northerly I80 Right of Way.
WHEREAS, there are several Castro Street sections that required immediate resurfacing before next Winter 2023; and
WHEREAS, the Richmond Parkway sections listed above were resurfaced during the month of September 2022 and exhausted the current $1,000,000 SB1 2022-23 budget allocation; and
WHEREAS, there is an additional $2,200,000 SB1 fund balance for 2022-23 that needs to be appropriated to resurface sections on San Pablo Avenue and Castro Street; and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond hereby confirms the foregoing recitals are true and correct.
BE IT FURTHER RESOLVED the previously proposed and adopted projects may utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Funding of portions of the following projects:
Richmond Parkway: On Westbound from Lakeside Dr. to 1200 feet easterly. Richmond Parkway: On Eastbound from San Pablo Avenue to Lakeside Dr. San Pablo Avenue: On Southbound between Richmond Parkway and Hilltop Drive. San Pablo Avenue: On Northbound from El Cerrito City Limits to Northerly I-80 Right of Way.
Castro Street at various location
Reso. No. XX-22
These pavement rehabilitation improvement projects are anticipated to have a useful life of 20 years and are anticipated to begin in October 2022, and be completed by June 30, 2023.
******************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held October 18, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-22, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on October 18, 2022.
Pamela Christian, Clerk of the City of Richmond
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October 18, 2022
Public Works
DATE: October 15, 2022
TO: Mayor Butt and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Jene Levine-Snipes, Development Project Manager
Subject: Resolution to accept and appropriate State of California Park Development Program Funds for the Shields Reid
Park Revitalization Project, and APPROVE Sole Source
contracts for American Ramp Company, PlaceWorks,
Mack5, and The Watershed Project
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The actions contemplated here
would generate a one-time grant that does not have to be repaid. These funds would be administered by the Public Works Department in accordance with SPP rules and
regulations. The Public Works Department, Parks
Division will adjust its budget accordingly and set up a fund for this program.
PREVIOUS COUNCIL
ACTION:
November 17, 2020
STATEMENT OF THE
ISSUE:
Staff is requesting City Council to adopt a resolution to accept and appropriate grant funds in the amount of
$8,000,000 from the Statewide Park Development and
Community Revitalization Program (SPP) to revitalize
Shields Reid Park and approve Sole Source contracts for American Ramp Company, PlaceWorks, Mack5, and The
Watershed Project
AGENDA
REPORT
October 18, 2022
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $8,000,000 from the State of California Department of Parks and Recreation Prop 68
funds to Revitalize Shields Reid Park, and APPROVE
Sole Source contracts for American Ramp Company for
bike pump track design and construction, in the amount
of $374,500, for a term from November 1, 2022 to
December 31, 2025; PlaceWorks for landscape
architectural design and engineering services, in the
amount of $293,078, for a term from November 1, 2022
to December 31, 2025; Mack5 for project and
construction management services, in the amount of
$551,400, for a term from November 1, 2022 to
December 31, 2025; and The Watershed Project for
community outreach and park design support, in the
amount of $25,500, for a term from October 1, 2022 to
December 31, 2025 – Public Works (Nickie Mastay/Jene
Levine-Snipes 510-307-8132).
DISCUSSION:
The State of California Department of Parks and Recreation is providing the City of Richmond funds to renovate Shields Reid Park, a 5.17-acre park in the North Richmond neighborhood.
This public park project aims to improve health and wellness, safety, beauty, access to outdoor recreation, and to help catalyze community revitalization for a diversity of ages and abilities. The project includes final design, engineering, and construction of park improvements including: a stage, children’s play areas with integrated artwork, a fitness zone, community gathering areas including a shady grove of trees, handball court, outdoor classroom, a multi-use trail with fitness stations, water play area, bicycle pump track, a public restroom with amenities, perimeter fencing, and lighting. Sustainable design features include green infrastructure for stormwater management, energy efficient lighting, Bay-friendly landscaping, permeable paving, and the use of site furnishings and equipment that utilize recycled content. The park design features include high quality materials and equipment for longevity/durability and low maintenance.
On November 17, 2020, City Council authorized the application and authority to submit all documents including applications, agreements and payment requests necessary for the completion of the grant scope. On December 8, 2021, the City was notified of the grant award.
Staff is requesting City Council to adopt the resolution to accept and appropriate the grant funds and adjust the FY2022-2023 revenues and expenditures by $8,000,000.
October 18, 2022
The project is a result of a collaboration in the grant application submittal with the City of Richmond, American Ramp Company, Mack5, PlaceWorks and The Watershed Project.
All consultants collaborated with the City and community to create the design, budget and timeline for the community-selected and State-awarded concept design of the Shields Reid Park Revitalization Project. The table below represents the uses of the attached Sole Source contracts. All other uses and contracts will be dispersed using the city procurement process.
Use Contractor Amount
Bike Park (Sole Source) American Ramp Company $ 374,500 Landscape Design (Sole Source) Place Works $ 293,078
Project and Construction Management
(Sole Source)
Mack5 $ 551,400
Habitat Garden (Sole Source) The WaterShed Project $ 25,000 Remaining Predevelopment TBD $ 755,522
Remaining Construction TBD $6,000,500
Total $8,000,000
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Grant Award Letter
Attachment 3 – American Ramp Sole Source Contract, Insurance and Sole Source Attachment 4 – PlaceWorks Sole Source Contract, Insurance and Sole Source Attachment 5 – Mack5 Sole Source Contract, Insurance and Sole Source Attachment 6 – The WaterShed Project Sole Source Contract, Insurance and Sole Source
ATTACHMENT 1
RESOLUTION NO._____________________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RICHMOND, CALIFORNIA FOR AUTHORIZATION TO ACCEPT AND
APPROPRIATE THE STATEWIDE PARK DEVELOPMENT AND
COMMUNITY REVITALIZATION PROGRAM FUNDS IN AN AMOUNT
NOT TO EXCEED $8,000,000 FOR THE SHIELDS REID PARK
REVITALIZATION PROJECT
WHEREAS, the State of California Department of Parks and Recreation (“State”) issued a Notice of Funding Availability (“NOFA”) on July 1, 2020 for the Statewide Park Development and Community Revitalization Program (“SPP”) grant funds to benefit low income residents or communities of California; and WHEREAS, the City of Richmond, as a municipal corporation and a charter city, applied and was awarded the SPP Program grant for the Shields Reid Park Revitalization project; and
WHEREAS, the City of Richmond has received and accepted the Agenda Report regarding this Resolution.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Richmond finds the above recitals accurate and have served together with the Agenda Report as the basis for the findings and approvals set forth in this Resolution; and
BE IT FURTHER RESOLVED THAT, the City of Richmond hereby agrees to use the SPP Program funds for eligible activities in the manner presented in the application as approved by the State and in accordance with Program Regulations.
BE IT FURTHER RESOLVED THAT, The City Council authorizes the City Manager or their designee to execute in the name of the City of Richmond, the Grant Agreement, and all other documents required by the State for participation in the Statewide Park Development and Community Revitalization Program and any amendments thereto and accept and appropriate the grant funds. --------------------------------------------------------------------------- I hereby certify that the foregoing resolution was passed and adopted by the Members of the City Council of the City of Richmond at a regular meeting held on October 18, 2022 by the following vote:
AYES:
ATTACHMENT 1
NOES:
ABSENT:
ABSTENTION:
____________________________
Clerk of the City of Richmond
(SEAL)
Approved:
__________________
Mayor
Approved as to form:
_________________
City Attorney
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,
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2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue