Richmond City Council
December 19, 2023

December 19, 2023

Police Department

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Memorandum of Understanding (MOU) with the Richmond
Police Activities League (RPAL)
FINANCIAL IMPACT: The proposed $325,000 expenditure is included in the Police Department’s Fiscal Year 2023-2024 budget and
will be budgeted accordingly for Fiscal Year 2024-2025 – account string 01191021-400201.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The proposed Memorandum of Understanding (MOU) will
ensure the continuation of the Richmond Police Activities League (RPAL) programs that serve over 3,000 West
Contra Costa County youth annually in academics,
athletics, and life-skills guidance.

RECOMMENDED ACTION:

APPROVE and AUTHORIZE the City Manager to sign a
Memorandum of Understanding (MOU) between the City
of Richmond and the Richmond Police Activities League
(RPAL) to subsidize RPAL staff and programs, ensuring
that academic, athletic, and life-skills services offered by RPAL will continue for the period July 1, 2023 through
June 30, 2025, in an amount not to exceed $650,000
($325,000 annually for two years) – Police Department
(Chief Bisa French 510-621-1802).

AGENDA
REPORT
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December 19, 2023
DISCUSSION:

The Richmond Police Activities League (RPAL) is a non-profit organization that was formed in 1982 to provide a positive alternative to involvement in the criminal justice system for youth between the ages of 5 and 18 years. RPAL’s original location was in a small one-room office that, due to the popularity of the program with Richmond youth, quickly became overcrowded. RPAL utilized police personnel and community members to bridge the gap between the police and community. RPAL personnel and volunteers also tutored school-age children in a variety of academic subjects, as well as provided athletic and artistic training to many Richmond youth. The lessons learned far exceeded the classroom and playing field by teaching each child responsibility, community service, and teamwork.

In 1997, RPAL partnered with Mechanics Bank and purchased its current home located at 2200 Macdonald Avenue. Annually, the 40,000 square foot facility provides over 3,000 West Contra Costa County youth with invaluable learning and recreational opportunities that include:

 Academic tutoring & homework assistance
 Mentoring, leadership, and life-skills training
 Audio recording via a state-of-the-art recording studio  Athletic training via individual and team sports
 Computer lab training & assistance
 Community engagement, including participation in toy and food drives; “Shop with a Cop”; partnering with local soup kitchens to feed the homeless; and participating in numerous City-sponsored community events  The Richmond Police Department (RPD) Explorer program

The City has been offering support to RPAL through the RPD since RPAL’s inception by providing police personnel to manage and oversee the overall operation. In return, RPAL conducts extensive outreach to thousands of West County youth and is tireless in its efforts to assist families that are financially burdened. RPAL is a key crime- prevention program for the community.

As of July 2013, RPAL’s paid staff ceased to be City of Richmond employees via RPD’s budget. Currently, the City provides RPAL one (1) Recreation Program Coordinator position through Richmond Recreation division. This position is established pursuant to the proposed MOU and has existed historically. This partnership supports youth and Richmond residents.

RPAL is a non-profit, tax-exempt 501(c)(3) organization that depends on financial support from businesses, corporations, various grant sources, and community members. Despite these sources of support, continued financial assistance from the City of Richmond is critical to meet RPAL’s needs going forward. Approval of this MOU and annual financial support of $325,000 ensures a strong relationship between the City 1435

December 19, 2023
of Richmond and RPAL, as a means of providing quality recreational and delinquency- prevention services over the next several years.

The contract term is retroactively dated to July 1, 2023, because Richmond Police Department staff did not receive the MOU until just before the deadline to submit for City Council approval prior the fiscal year cutoff, and still needed to secure Risk Management’s approval of the insurance coverage and the City Attorney’s Office’s approval of the document to be signed. During City Council’s recess, action was taken to ensure that there would be no liability issues resulting from retired Police Department staff working at RPAL.

DOCUMENTS ATTACHED:

Attachment 1 – 2023-25 City-RPAL MOU Revised
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1 Memorandum of Understanding
By and Between the City of Richmond and
The Richmond Police Activities League

This Memorandum of Understanding (MOU) is entered into as of July 1, 20 23, by and between the City of Richmond (City), and the Richmond Police Activities League (RPAL) to support RPAL’s implementation and ongoing viability and success.

In consideration of the mutual promises and agreements set forth herein, the sufficiency of which are hereby acknowledged, City, and the RPAL (collectively the “parties”) agree as follows:

ARTICLE I

MOU PROVISIONS

Section 1.1 Scope of Services

A. The City will support the RPAL’s program as follows:

1. Provide funding to the RPAL in the form of an annual grant of three hundred twenty-five thousand dollars ($325,000.00) per year for a period of two (2) years, payable in quarterly installments of eighty-one thousand two hundred fifty dollars ($81,250.00) beginning July 1, 20 23. Said funds will be dispersed from the Richmond Police Department budget. The estimated monetary value of City participation in this MOU is approximately $325,000 per year.

2. Provide for the installation and continued maintenance of all telephone equipment and wiring at the RPAL facility located at 2200 Macdonald Avenue, Richmond, California (Richmond Police Activities League Center).

3. Provide for the continued physical maintenance of the Richmond PAL facility.

4. Provide for continued IT support at the RPAL facility.

5. Continue an open line of communication with RPAL staff.

6. Provides for use, maintenance and upkeep of three City owned vehicles to be shared by the Richmond Police Department and other City Departments.

7. Allow the use of C ity property and facilities (such as Auditorium, meeting rooms, swimming pools, fields, courts, parks, and streets) on a scheduled available basis and at the non-profit rate.

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2 8. City Liaison: Provide one Recreation Program Coordinator from the Community Services Department to the RPAL program to serve as liaison to the RPAL program and maintain a continuous relationship between the Community Services Department and RPAL. The terms of the agreement follow:
a. The City of Richmond agrees to pay the salary, wages, and benefits of one (1) Recreation Program Coordinator.
b. The Recreation Program Coordinator will have all rights and receive all negotiated increases and benefits per the SEIU Local 1021 Memorandum of Understanding.
c. The Recreation Program Coordinator is required to adhere to City of Richmond policies, procedures, and governing documents including the SEIU 1021 Memorandum of Understanding and Personnel Rules.
d. The City, via the Recreation Division, will host monthly meetings with the Program Coordinator and/or other appropriate RPAL staff to discuss existing and future programming and other items relevant to the MOU.
e. Upon separation of employment of the current incumbent, RPAL and the City of Richmond will reassess the need to provide a Recreation Program Coordinator successor.

B. The RPAL will provide the following:

1. Academic Enrichment: RPAL will provide academic services including tutoring, homework assistance and academic skills enhancement for youth in the West Contra Costa School District (WCCUSD). These activities will take place Monday through Thursday, 3pm - 6pm. Participants will spend no less than one hour per day, Monday -Thursday on math and reading programs designed to improve academic performance of participants.

RPAL will provide basic computer training to youth including keyboarding, internet search, and computer repair. Program will be provi ded Tuesday and Thursday from 4pm - 5pm.

2. Mentoring: RPAL will provide mentoring services to R ichmond youth.

RPAL will screen, interview, and match 40 youth with qualified mentors (one-on-one and group). RPAL will provide on -going support to mentor/mentee matches. Participants will be monitored through our case management program and will participate in a series of youth development activities includin g life skills training, anger management, college preparedness, and job skills development. RPAL will provide a training curriculum and ongoing training for mentors that include building rapport, cultural competency, strengthening mentor/mentee relationships, pro-social behaviors, etc. Mentors will be advocates for mentees.

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3 3. Audio Recording and Music Program: RPAL will provide audio recording, engineering, musical instrument instruction and Podcast to youth ages 12-17. Youth will learn all the duties of managing a recording studio.

4. Intramural Sports: RPAL will offer intramural sports and activities to 300 youth yearly in partnership with Little League International, San Francisco Giants Community Fund , USA Boxing, US Tennis Association, and the Northern California Golf Association that will teach youth the fundamental of sports, sportsmanship and teamwork.

a) Little League Baseball: Youth ages 5 -14 will participate in Little League Baseball during the months of March -June; practice and league games will be 3 days a week at Nichol Park and community parks throughout the city. RPAL will provide the Community Services Department with a DRAFT baseball field practice and game schedule prior to November 30th of each year of this MOU. A FINAL schedule will be submitted prior to February 28th of each year of this MOU.

RPAL will also provide the Community Services Department with a complete list of all youth registered for Little League Baseball and pay the Community Services Department $10 for every youth registered in Little League Baseball.

b) Junior Giants Baseball: Immediately following Little League Baseball season youth will participate in Jr. Giants Baseball. The Jr. Giants program begins in June and lasts through August. Jr. Giants provides baseball fundamentals in non -competitive manner and includes a health, education and violence prevention component that all participants are required to complete. Jr. Giants is a flagship component of the Giants community fund and all uniforms and equipment are donated to RPAL for the season.

RPAL will provide the Community Services Department with a baseball field practice and games schedule prior to March 30 th of each year of this MOU.

c) Basketball: RPAL will offer league and free play basketball to youth ages 7 -14. Youth learn the fundamentals of basketball while participating in RPAL travel team showcasing their talent in local basketball tournaments and conferences. Practices will be held Tuesdays and Thursdays from 4pm - 6pm.

d) Golf: RPAL will offer gol f to young people ages 12 -17. Through a partnership with the Northern California Golf Association and the Richmond Country Club, youth are taught the fundamentals of gol f.

Practice takes place every Tuesday and Thursday, 4pm - 6pm. Youth 1439
4 are mentored by UC Berkeley Golf Team members and RCC staff.

Youth have access to over 100 golf courses to play on for $5, offered scholarships, and attend national golf tournaments.

e) Boxing: RPAL will provide boxing and fitness instruction to youth ages 7-17 and adults. Instruction is 5 days a week from 3pm - 7pm.

Youth may participate if they aspire to become boxers or would like to become physically fit. Youth have the opportunity to represent RPAL and the City of Richmond at local , Regional, State and National Boxing Tournaments.

f) Evaluation and regular reporting to the City will be essential aspects of all RPAL programs. The RPAL will submit quarterly reports listing all donations eligible for City matching funds, describing the progress of the programs and projects ou tlined above, and documenting the expenditures of the grant funds.

5. Leadership Training: RPAL will provide leadership training and civic engagement activities for youth through the Youth Leadership Council. The objective of YLC is to help youth increase self-esteem, improve leadership skills, build healthy social skills, and participate in community activities that promote neighborhood vitality.

6. Richmond Police Explorer Post Coordinator: RPAL will assist the Police Department with coordination of the Richmond Police Explorer Post. RPAL will hire a current or retired police officer to work with Richmond PD personnel with the advertisement, recruit ment, select ion, train ing, and supervision of youth, 14-20 years old, to participate in the program. These youth will receive public safety personnel training, compete in Explorer Competition throughout the State and complete community service projects in Richmond. The aim of this program is to provi de pre-employment public safety training to 20 youth each year.

7. Summer Camp: (Ages 7 to 13) for youth focusing on computer skills, sports and fitness, and getting kids outside during the summer months.

8. Allocation of Space: RPAL will provide meeting and office space for the City of Richmond Daytime Curfew Ordinance staff and police officers for intake and the detainment of students. RPAL will allocate meeting and office space for the Richmond Police Explorer Post. RPAL will allocate space for training and meetings for City Departments on a scheduled basis.

9. Additional Use: RPAL will provide roof space and electricity for the Shot Spotter erected on top of gymnasium; and provide bounce house set up, monitoring, take down and storage for several city sponsored events yearly.

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5 10. City Liaison: Regular communication with City staff regarding questions, problems, or concerns throughout the duration of this MOU will be made through the Chief of Police or his/her designee, who shall be the City/RPAL liaison, and the RPAL’s Executive Dire ctor. The RPAL shall correct problems or concerns to the satisfaction of City in a timely manner.

Section 1.2 Term

This MOU shall have a term of two (2) years and thereafter this MOU shall be terminated and of no further force or effect, except as to those provision s which expressly survive the termination of this MOU.

Section 1.3 Termination

City may terminate this MOU for any reason whatsoever upon one hundred eighty (180) days written notice to the RPAL of termination.

Section 1.4 Funding

This MOU shall be deemed executory to the extent that the monies are appropriated in the current budget of City for the purposes of this MOU and no liability shall be incurred by City or any other department of City beyond the monies budgeted and available for this purpose. The MOU is not a general obligation of City. Neither the full faith and credit, nor the taxing power of City is pledged to the payment of any amount due or to become due under this MOU. It is understood that neither this MOU nor any representation by any City employee or officer creates any obligation to appropriate or make monies available for the purpose of the MOU beyond those monies appropriated in the current budget for the purposes of this MOU. Notwithstanding anything to the contra ry contained herein, City represents and warrants that monies have been duly appropriated in the current budget for the purposes of this MOU.

Section 1.5 Compliance with Laws and Regulations

The RPAL 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 MOU including , without limitation , environmental laws, disability laws, including the Americans with Disabilit y Act, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provision of the Municipal Code of the City of Richmond (“Municipal Code”), including Chapter 2.28 and Chapters 2.50, 2.52, 2.56, and 2.60, if applicable, which are incorporated by reference.

The RPAL acknowledges that under Section 2.60.070 of the Municipal Code (“Living Wage Ordinance”), it shall promptly provide the City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in Section

2.60.070 of the Municipal Code, the RPAL shall notify each of its affected employees 1441
6 with regard to the wages that are required to be paid pursuant to the Living Wage Ordinance.

The RPAL shall comply with Section 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.

ARTICLE II

LIMITATION ON CITY OBLIGATIONS

Section 2.1 Limitations

Nothing in this MOU shall make RPAL Employees a) subject to an y of the memorandum of understandings that apply to employees of City, b) subject to the Personnel Rules that apply to employees of City, c) subject to any of the benefits received by employees of City inc luding, but not limited to, Medical, Dental, Vision, Retirement, Vacation Sick Leave, and Administrative Leave, d) covered by City’s Workers’ Compensation Insurance, e) employees of City for purposes of the Tort Claims Act (Govt. Code Sections 825 et seq); RPAL Employees shall not be protected by the same immunities and right to indemnification and defense extended by that Act to public employees.

ARTICLE III

Section 3.1 Limitations of Parties
Nothing contained in this MOU shall be interpreted or understood by any of the parties, or by any third person, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture by and between City and the RPAL or their agents, employees, including RPAL employees, or subcontractors, and the RPAL shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its employees, agents, or both, perform the services required of it by the terms of this MOU. The RPAL has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the MOU.

Section 3.2 No Claims

Nothing contained in this MOU shall create or justify any claim against City by any person that the RPAL may have employed or with whom the RPAL may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services.

Section 3.3 Amendments
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7 No alteration or variation of the terms of this MOU shall be valid unless made in writing by the parties.

Section 3.4 Indemnification

A. To the fullest extent permissible by law, the RPAL shall indemnify, defend harmless, and require its contractors and subcontractors to defend, indemnify and hold harmless, City, and its elected and appointed officials, and all of their employees and agents (the “Indemnified Parties”), from all liability, p enalties, costs, losses, damages, expenses, causes of action, claims or judgment, including attorney fees and other defense costs (collectively, “Claims”), resulting from injury to or death sustained by any person (including the RPAL’s or any contractor’s or subcontractor’s employees), or damage to property or any kind, or any other injury or damage whatsoever, which Claim arise out of or are in any way connected with the provision of services hereunder, regardless of the RPAL’s fault or negligence; provided, however, that the RPAL’s indemnity obligations hereunder shall not apply to the extent any Claims are caused by the sole and active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of the RPAL and its contractors and subcontractors shall extend to Claims asserted after termination of this MOU for whatever reason.

B. In claims against any person or entity indemnified under Section 3.4A above by an employee of the RPAL, including RPAL Employees, or its contract ors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4A above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.

Section 3.5 Non-Liability of City Officials, Employees and Agents

No member, official, employee or agent of the City shall be personally liable to t he RPAL in the event of any default or breach by City or for any amount which may become due to the RPAL or its successor or on any obligation under the terms of this MOU.

Section 3.6 Insurance

The RPAL shall submit to City evidence of and keep current the insurance coverage meeting the general requirements set forth in Exhibit A “Insurance Requirements”.

Section 3.7 No Third Party Beneficiaries

There shall be no third party beneficiaries to this MOU.

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8 Section 3.8 Conflict of Interest

A. Except for approve eligible administrative or personnel costs, no person described in Section 3.8 B below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this MOU or who is in a position to participate in a decision -making process or gain inside information with regard to such activities, m ay obtain a personal or financial interest or benefit from th e activity , or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. The RPAL shall exercise due diligence to ensure that the prohibition in this Section 3.8A is followed.

B. The conflict of interest provisions of Section 3.8A above apply to any person who is an employee, agent, consultant, officer, of RPAL, or any immediate family member of such person, or any elected or appointed official of City, or any person related within the (3rd) degree of such person.

Section 3.9 Notices, Demands and Communications

If at any time after the execution of this MOU it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered Unite d States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and:

A. If intended for City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: City Manager

With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

B. If intended for the RPAL shall be addressed to:

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9 Richmond Police Activities League
2200 Macdonald Avenue
Richmond, CA 94804
Attention: Executive Director

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any party may change its address at any given time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.10 Applicable Law

This MOU shall be governed by Ca lifornia law. This MOU is made in Contra Costa County, California, and any action relating to this MOU shall be instituted and prosecuted in the courts of Contra Costa County, California.

Section 3.11 Parties Bound

Except as otherwise limited herein, the provisions of this MOU shall be binding upon and inure to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this MOU to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such party who has acquired an interest in compliance with the terms of this MOU or under law. This MOU shall be binding upon and inure to the benefit of the heirs, administrators , executors, successors in interest, and assigns of each of the parties.

Section 3.12 Severability

If any term of this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effort unless the rights and obligations of the parties have been materially alte red or abridged by such invalidation, voiding or unenforceability.

Section 3.13 Waivers
Any waiver by City of any obligation or condition in this MOU must be in writing. No waiver will be implied from any delay or failure by City to take action on any breach or default of the RPAL or to pursue any remedy allowed under this MOU or applicable law. Any extension of time granted to the RPAL to perform any obliga tion under this MOU shall not operate as a waiver or release from any of its obligations under this MOU. Consent by City to any act or omission by the RPAL shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for City’s written consent to future waivers.
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10 Section 3.14 Title of Parts and Sections
Any titles of the sections or subsections of this MOU are inserted for convenience of reference only and shall be disregarded in interpreting any part of the MOU’s provisions.

Section 3.15 Entire Understanding of the Parties
This MOU constitutes the entir e understanding and agreement of the parties with respect to the services to be provided hereunder.

Section 3.16 Multiple Originals; Counterpart
This MOU may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

__________________________________ ______________________________ Larry Lewis Date
RPAL Executive Director

___________________________________ ______________________________ Shasa Curl Date
City Manager

Approved as to form:

_____________________________
City Attorney

Attest:

_____________________________
City Clerk

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December 19, 2023

Police Department

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Contract Amendment No. 1 with Rahul Maharaj for
Dispatch Call Center 911 Quality Assurance
FINANCIAL IMPACT: The proposed expenditure of $50,000 will be spent over the next two fiscal years, with an estimated $24,000
coming from the approved Police Department budget for
Fiscal Year 2023-2024, and the $26,000 balance from
the following year – account string 01197021-400201.

PREVIOUS COUNCIL
ACTION:

June 22, 2021

STATEMENT OF THE
ISSUE:

Emergency calls to the communication dispatch center
are reviewed monthly to ensure compliance with
accepted practices. Funds, and additional time, need to be added to Rahul Maharaj’s contract due to extra work
related to our accreditation application.

RECOMMENDED ACTION:

APPROVE a first contract amendment with Rahul
Maharaj in the amount of $50,000, for a new total
contract not to exceed $109,400, with an extended term
through June 30, 2026, for the quality assurance of
emergency medical calls – Police Department (Chief Bisa French 510-621-6913).

AGENDA
REPORT
1447

December 19, 2023
DISCUSSION:

The Police Department Communications is currently using Rahul Maharaj, a certified Quality Improvement Specialist, for the quality assurance of medical calls. Rahul Maharaj is accredited with the International Academy of Emergency Medical Dispatch (IAEMD) and qualified to review, critique, and provide feedback for the City of Richmond’s medical calls. In accordance with the Medical Priority Dispatch Systems, the Richmond Emergency Communications Center is required to have a percentage of our medical calls reviewed and critiqued by a Quality Improvement Specialist.

Additionally, part of the mandate that requires medical calls to be reviewed, also requires all Emergency Medical Dispatchers to have 24 hours of continued education training every two years. The contractor, Rahul Maharaj, is qualified to provide this specialized training.

City staff recommends approving the first contract amendment with Rahul Maharaj so there are no interruptions with our accreditation status, and the dispatch staff continue to receive timely and proper training.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract
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CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

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Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

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Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:

"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."

“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

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CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, w
hich include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ulti
mately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other sim ilar s
ervices."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) y
ears from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the for egoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
Exhibit A-1
1473

December 19, 2023

Police Department

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Fifth Contract Amendment with Universal Protection
Service LLC, dba Allied Universal Security Services
FINANCIAL IMPACT: The proposed expenditure of $698,246.55, for a total contract amount not to exceed $2,716,499.55, will be
budgeted for under the non-department general fund
budget – account string 01917090-400218.

PREVIOUS COUNCIL
ACTION:

November 22, 2022 – Approved the fourth amendment to
add a one-year contract term extension through
December 31, 2023
July 19, 2022 – Approved the third amendment to add
services to Booker T. Anderson Community Center
May 3, 2022 – Approved the second amendment to add
services for the Library
November 23, 2021 – Approved the first amendment to
add an additional guard to the Civic Center
December 17, 2019 – Approved original contract with
Allied Universal

STATEMENT OF THE
ISSUE:

The contract with Universal Protection Service LLC dba
Allied Universal Security Services is entering its final extension year and is due for renewal as of December
31, 2023. Booker T. Anderson will require a six-month
security term while the Center is being prepared to open to the public once again.

AGENDA
REPORT
1474

December 19, 2023
RECOMMENDED ACTION:

APPROVE the fifth contract amendment with Universal
Protection Service LLC dba, Allied Universal Security
Services in the amount of $698,246.55, for a total
contract amount not to exceed $2,716,499.95, and to
extend the contract expiration to December 31, 2024 –
Police Department (Chief Bisa French 510-621-1802).

DISCUSSION:

The Police Department has worked as the liaison between various City departments and Allied Universal Security Services. Due to an increase in criminal activity near or on City property, the Police Department is requesting a continuation of the services already being provided at the Civic Center Campus and Library, as well as, revising the additional security services to include Booker T. Anderson Community Center through December 31, 2024.

The original contract for City Hall was to provide an unarmed security guard during normal business hours to improve overall customer service and security. The guard provides services such as:

 Conduct periodic foot patrols inside and around the City Hall building.  Staff the reception desk and greet patrons and visitors.  Monitor a phone line at the reception desk.
 Provide access to individuals with appointments.
 Ensure visitors are signing in/out and receiving visitor badges.  Direct visitors to the correct city or county department.  Monitor CCTV surveillance system at reception desk.
 Receive packages and deliveries.
 Monitor visitor compliance with COVID-19 guidelines.
 Maintain daily logs of visitors who are unable to reach city staff so appropriate follow-up can be made.
 Follow post-orders as provided by the City Manager’s Office.

In response to the COVID-19 pandemic and to ensure continued safety, a dedicated security officer was added to City Hall to maintain the front desk with the first contract amendment.

In early 2022, a spike in crime was noted on the outskirts of the Civic Center Campus, notably at the Library, where individuals loitered during business hours and theft increased. Following requests from City staff, the Police Department submitted a second amendment to add additional guards to the Library to clear out unhoused individuals from the Children’s area and to ensure employees were able to walk to their cars safely at night.

1475

December 19, 2023
In mid-2022, Booker T. Anderson Community Center suffered from a rash of burglaries following a fire that closed the center; stolen items included copper piping and wiring.

Following an emergency justification, the third contract amendment set up services at the Community Center 24/7 with one guard on-duty at all times. Fortunately, construction was able to get started and removed the need for a 24/7 City-funded guard. Now, since construction is concluding, City staff will need to staff guards 24/7 until cameras are installed and operational.

The financial impact per location is as follows:

Calendar Year 2024
Civic Center Coverage
Annual Cost (estimated) $ 420,906.13
Library Coverage
Annual Cost (estimated) $ 95,900.42
Library Coverage
Project Period (6 mo.) Cost (estimated) $ 181,440.00

Total
Request $ 698,246.55

Please note that although the Booker T. Anderson Community Center may need to contract with Allied Universal Security for the full six-months, it is possible that the alternative security solutions will be in place beforehand and can reduce the total allowed cost by $30,240 per month.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – First Contract Amendment
Attachment 3 – Second Contract Amendment
Attachment 4 – Third Contract Amendment
Attachment 5 – Fourth Contract Amendment
Attachment 6 – Fifth Contract Amendment

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
1499
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

1500
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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License #40051433

40051433
3/27/2016
VE
3/26/2022
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ACTIVE
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License InfoBusiness InfoSite InfoInspections
City of Richmond ~ 450 Civic Center Plaza ~ Richmond, CA ~ 94804 HOME | CONTACT
The City of Richmond, CA makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement.Under penalty of perjury under the laws of the State of California that all submissions are true and correct, and that any and all copy of documentssubmitted is true and correct copies of the original documents, and that any and all documents submitted have not been altered except for the crossing outof dollar amounts and account numbers which is permitted. (California Penal Code Sections 118-131) 1505
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December 31, 2022
DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1510
DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 MayoryMayor
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DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1512
05/03/2022
DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1513
April 13, 2022
Melinda Cervantes
Interim Deputy Director of Community Services Library
Richmond Library
325 Civic Center Drive
Richmond, CA 94804
Dear Ms. Cervantes,
Thank you for inviting Allied Universal® Security Services to participate in your proposal process.

We understand the importance of quality security, and we look forward to providing a customized program that meets your requirements for the Richmond Library at 325 Civic Center Drive.

No matter where or when services are required, there's peace of mind knowing your security partner is also a member of your community.

Our management support system ensures you receive the individual attention and service you require. Our Client Managers are in charge of directly supervising your security program locally, while a network of branch offices puts regional management with in-depth knowledge of your market within easy reach.

We look forward to continuing to work with your organization. I will contact you to discuss the next steps. If you have any questions, please contact me at 510-507-9358 or [email protected].

Sincerely,
Alicia Mercer
[x]
Alicia Mercer
Business Development Manager
Attachment 1
DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1514

Enhanced Security with a
Focus on Safety

A Security Program for
Richmond Library

April 13, 2022

[x]
Presented to:

Melinda Cervantes
Interim Deputy Director of Community
Services Library
Richmond Library

Presented by:

Alicia Mercer
Business Development Manager
Allied Universal® Security Services

DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1515

Richmond Library 3
A Customized Security Program for
Richmond Library
Allied Universal® has provided customized
security solutions to meet the specific needs of
clients large and small since 1957. We're committed
to working with you to understand your industry and
goals in order to create a security solution tailored
to your unique requirements, and managed by a
team of professionals who can provide peace of
mind and allow you to focus on your core business.

When you partner with Allied Universal®, carefully screened and trained Security Professionals who are sensitive to your unique business environment, coupled with leading edge technology, will provide the safety and security you require.

Engaged Security Professionals will enhance your brand and will be led by experienced, local managers. Real-time security technology solutions will increase operational efficiencies and validate the effectiveness of your program. This integrated combination of people plus technology allows you to focus on what matters to you with the confidence that you have a true security partner that is there for you every day.

Selecting Employees for Your Unique Environment
When Security Professionals are well matched to the requirements of their post, they'll be better engaged in their day-to-day responsibilities, provide better service for you, and stay in their position longer. Allied Universal® is dedicated to hiring, developing, and retaining top-quality security professionals who will be the best fit for your culture, understand your needs, and demonstrate ownership for your security success.

Our breadth of recruiting resources
and reputation as a great place to
work contribute to the more than 1.5
million candidates in our hiring
pipeline. Proven processes and a
robust applicant pool ensure our
security professionals are the right
fit and have the right skills for your
library. Allied Universal® carefully
tailors job descriptions to fit your needs and uses AU HireSmart™, our Artificial Intelligence (AI)- powered recruiting solution, to engage candidates and match their qualifications, interests, and preferences to the job most suited to their skills and personality.

Our application process doesn't stop at introductory screening. Initial interviews with candidates, scheduled quickly and automatically with AUHireSmart™, provide an opportunity to evaluate demeanor, attitude, and communications skills. Qualified candidates formally interview with our branch recruiters and hiring managers.

Stringent background screening is also an essential component in selecting high-caliber employees for Richmond Library, and includes:

DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1516

Richmond Library 4

Benefits for Security Professionals at Richmond Library Allied Universal® is committed to doing what is in the best interest of our clients and that starts with treating our employees well. We know that benefits are extremely important to our employees, and that they prefer to have a variety of options. Employees who are offered benefits and fair compensation have peace of mind and a clearer focus on their daily job responsibilities, which translates into higher employee engagement, as well as greater satisfaction and productivity, which are critical to the success of your security program.

Some of the benefits available to Security Professionals include:
• Medical Insurance coverage
• Dental and vision coverage
• 401(k) retirement plans
• Anniversary bonus program
• Disability and life insurance
• Tuition discounts
• Uniforms at no cost
• Travel and retail discount programs
Customized Training for Your Security Program
Well-trained Security Professionals not only enhance safety, mitigate risk, and maximize security for the people and assets at your site, but they also ultimately provide a higher return on your investment. Allied Universal® Security Professionals undergo extensive and regular training, and become fully immersed in your business, procedures, and company culture.

To ensure that Security Professionals at Richmond Library have the knowledge and skills to serve you and to grow in their careers, training is not just provided but tested for retention and tracked to record completion.

Local Management with National and International Support Local managers are empowered decision makers who know your site, understand your security needs, and are motivated and well compensated. At the local level, your account manager is directly involved in the process of hiring, training, performance evaluation, and employee development. A team of human resource, training, and recruiting specialists actively supports each manager.

Our national and international support teams are in place to lend guidance, training, and other resources to local Security Professionals and managers. These specialists maintain excellent relationships with the local team, and proactively implement programs and procedures to ensure quality service. The combination of local responsiveness and national and international support resources is what sets us apart from every other security services company.

DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1517

Richmond Library 5

Keeping Your Property, People, and Assets Safe and Secure With the right security partner, you will have peace of mind knowing that daily safety challenges are managed and a prepared team is in place to respond to
emergencies. Our strong safety culture promotes
safety-conscious behaviors and leads to a safer work
environment for everyone.
• Ensuring Safety Daily: Security Professionals
are immersed in our Safety Program, and are
fully trained to take proactive safety measures;
report incidents; and seek out opportunities to
help make your location safer. This leads to
fewer accidents, less time lost from work due to
injury, and fewer interruptions for you.
• Emergency Preparedness: Allied
Universal® will work with Richmond Library's emergency plans and implement them to ensure everyone on site is prepared.
• Emergency Response: We have the resources to quickly respond to emergencies and fill additional staffing needs with high quality, well-trained personnel, giving you peace of mind knowing that Allied Universal® has formal processes and depth of personnel to respond for you.

Leading-Edge Technology
Our digital business strategy drives efficiency, communication, collaboration, and effectiveness for Richmond Library. The result is streamlined and accurate business processes, greater transparency, and increased value. We are
committed to meeting the needs of Richmond
Library through innovative solutions.
• Real-time transparency into the location and
activities of each Security Professional
through HELIAUS®, our proprietary
electronic monitoring and reporting system.
• Cost-effective and proactive, end-to-end
video surveillance solution—from the
camera to the Central Command Center—
through our Monitoring and Response
Center (MRC). Using an unprecedented
combination of technologies, analytics and real-time, event-based monitoring by experienced Security Intervention Specialists, the MRC provides customized solutions that are scalable, reliable, and unmatched.
• 24/7 smart "eyes and ears" with Autonomous Data Machines (ADMs or Robots). New revolutionary capabilities to increase threat management through the strategic integration of people, processes, and technology, while at the same time, significantly reducing costs. • Quick Security Professional candidate sourcing, screening, interview scheduling, and placement through AUHireSmart™.
• Accurate invoicing, scheduling, payroll, and compliance through the integrated WinTeam system.
• Communication and collaboration through eHUB, our client and employee portal.

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Richmond Library 6
• Learning and development through Allied Universal® EDGE, our online learning management system, and our performance management program. • Optimizing efficiency, ensuring safety, and consistently managing attendance at your site through Allied Universal® Post Watch™.
• Quality assurance through Allied Universal® Voice, our formal voice of the customer program, which monitors your experience and elicits your feedback.

These proprietary programs drive efficiency to your security program. In addition, your security program should be developed to meet your security and safety needs in the most efficient and productive manner possible. Whether you need incident management, tour management, visitor management, remote monitoring, security assessment, or other technologies to enhance your security, Allied Universal® will provide the right solution.

Providing Seamless and Transparent
Transitions for More Than 60 Years
Allied Universal® seamlessly transitions more
than 1,000 new sites annually. The transition is
critical to delivering the right first impressions for
your stakeholders.

On day one, Allied Universal® Security
Professionals arrive at your site properly oriented,
trained, and uniformed, resulting in minimal
disruption to your business. A dedicated transition
team will communicate with you, reviewing our
comprehensive transition plan, and ensuring your
security presence is constant and reliable.

If you wish to retain members of your existing security team, we will implement a comprehensive staffing strategy to address retention of qualified personnel. The incumbent workforce can meet with our managers, learn more about the company, and if they meet Allied Universal® and Richmond Library's qualifications, they will begin our orientation and training.

DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1519

Richmond Library 7

A customized transition plan will include:
• Assessment of security personnel needs
• Assignment of timetable and measurable goals
• Experienced transition management team assignments
• Thorough security professional recruiting, screening, and selection
• Customized training manual
• Organized security force deployment
• Initial and on-site training
As an Allied Universal® client, you will feel confident that you have a partner who truly understands your needs and aspirations.

Through our leading services, systems and solutions...Allied Universal® is There for you.®

DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1520

Richmond Library 8

Pricing Notes

Wages
In today's labor market, the wage of the
security professional is a significant
variable in the quality of your program. It
is essential that the right wage is offered
in order to ensure a safe and secure
environment, build stakeholder
confidence and protect Richmond
Library's brand.

401(k) Retirement Plan
Allied Universal® employees are eligible
to enroll in our 401(k) retirement
savings program anytime following six
months of employment.
[x]
Proposed Holidays
Allied Universal® recognizes the
following holidays:
• New Year's Day
• Martin Luther King Jr. Day
• President's Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Christmas Day
All employees who work on a designated holiday will receive 1.5 times their wage rate for hours worked. Allied Universal® will invoice 1.5 times the hourly billing rate for hours worked on the designated holidays. Holiday billing may or may not be included in our annual budget estimate or standard billing rates.

Overtime
Overtime of 1.5 times the hourly billing rate is only billed in the following circumstances and not for scheduling issues or vacation coverage.
[x]
Specific Requests
With requests for a specific individual to work more than their 40 hours for a special reason, regardless of the notice provided, only the overtime impact for that individual will be billed. Example:
"We need Security Professional Smith to stay two extra hours at the end of his shift to help with a special project." Only the additional two hours will be billed at the overtime rate if it will put him over 40 hours.

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Richmond Library 9
Additional Requests for Security Professionals
Requests for coverage in excess of the agreed-upon amount of total security professionals' base hours on site may be billed as overtime until coverage is incorporated into the permanent base hours. We will work to meet needs for additional security professionals through the local offices.

Life Insurance: We provide Basic Life Insurance and Accidental Death and Dismemberment (AD&D) at no cost to the employee ($10,000) and offer additional voluntary coverage of up to 5 times their salary to a maximum of $500,000. Additional voluntary coverage is available for spouse, domestic partner, or dependent children.

Supplementary Insurance Programs: We provide employees an opportunity to enroll in a variety of insurance benefits including accident, critical illness, hospital and short and long-term disability insurance plans.

Billing Frequency and Payment Terms
Allied Universal® will invoice Richmond Library on a weekly basis for all scheduled services for the preceding weekly period (starting on Friday and ending the following Thursday) based upon the rates listed above. All invoices are due net 10 days.

Rate Increases
Billing rates will increase annually by 3% or by the percentage increase in certain agreed upon costs incurred by Allied Universal®, whichever is greater. Our rates during the term will be subject to adjustment to reflect any increases in our costs related to medical, welfare and other benefits and related costs, which may include, without limitations, costs incurred by Allied Universal® pursuant to applicable federal, state and/or local law, including without limitation Health Care Reform Legislation Costs.

NOTE:

Allied Universal® reserves the right to change, amend or terminate the benefits programs and its options at any time.

Pricing of wages are valid for 30 days.
[

Wellness and Safety Pledge
Our product is our people - our most valuable asset. We consider no part of our operations more important than the wellness and safety of our employees. To that end, Allied Universal® is committed to providing all employees with a safe and healthy environment in all work areas and at all client sites, in compliance with all federal and California laws.

Meal Breaks
In general, non-exempt employees who work more than 5 hours per day must be provided with an off-duty1 meal period of not less than 30 minutes. The meal period must begin before the end of the 5th hour of work.
• If employees work more than 10 hours, a second off-duty meal period of not less than 30 minutes must be provided. The meal period must begin before the end of the 10th hour of work.
• Employees must be free from employer and client control and relieved of all duty. • Employees may not be required to remain "on call."
DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1522

Richmond Library 10
• Employees must be free to leave the site.
• Employees may not be required to carry and/or monitor a communication device.

Rest Breaks
Non-exempt employees are authorized and permitted consecutive, uninterrupted, and duty-free rest breaks of at least 10 minutes (or 15 minutes if specified by a CBA) for every 4 hours worked or major portion of 4 hours worked (more than 2 hours).
• Employees must be paid during rest breaks.
• Employees must be free from employer and client control and relieved of all duty. • Employees may not be required to remain "on call."
• Employees must be free to leave the site.
• Employees may not be required to carry and/or monitor a communication device.

Drinking Water, Restroom Facilities, Shade, Sheltered Eating Area, & Suitable Seating Employees must be provided with:
• access to clean, fresh, potable drinking water, at no cost to the employee • access to restroom facilities with plumbing and adequate hand-washing facilities • access to safe spaces for shade
• an area available for securing or heating food or drink, and a suitable sheltered place to consume food and drink
• suitable seats when the nature of the work reasonably permits the use of seats.

Allied Universal® proudly partners with clients who are equally committed to the wellness and safety of our employees and compliance with all federal and California laws. Under California Labor Code Section 2810.3, each client shares with Allied Universal® all liability for labor code violations pertaining to our employees. To that end, we wanted to set forth our mutual goals in this pledge. We thank our clients for their commitment and encourage them to contact Allied Universal® with any questions or concerns.

1 On-duty meal periods are only permitted when:
• The nature of the work prevents the employee from being relieved of all duties; • When there is a written (and fully revocable) agreement between Allied Universal® and the employee for an on-duty meal period; and
• When a suitable place to eat on premises is designated.

DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1523

Richmond Library 11
Cost Proposal:

Security Schedule:

Position HPW Straight Time
Pay Rate
Holiday /
Overtime Pay
Rate
Straight Time
Bill Rate
Holiday /
Overtime Bill
Rate
Weekly
Estimate
Monthly
Estimate
Annual
Estimate
Security Professional 52 $16.15 $24.23 $29.55 $44.33 $1,536.83 $6,659.61 $79,915.37 Security Professional
Overtime 2 $24.23 $48.45 $209.95 $2,519.40
Sub-Total 54.0 $1,585.28 $6,869.56 $82,434.77
HELIAUS® Quantity Price Per Unit Monthly
Estimate
Annual
Estimate
1 $199.00 $199.00 $2,388.00
Notes to Pricing:

Heliaus Technology Platform billed as a separate line item on a monthly basis.

Above annual estimate is based on 52 weeks per year.

Special service coverage requests will be billed at $50/hr.

The above pricing is a best estimate based on information known at time of preparation.

The above rates will be in effect for 30 days and are quoted for permanent service, one year or longer only.

Benefits included in rate: Union Medical, 9 Sick Days or 72 hours, 8 Union Holidays, vacation accruals Wage and corresponding billing rates will increase by .50/hour (or as indicated by the CBA) to occur January 1st annually.

Current union staffing information unknown at time of preparation.  Should an existing security professional be retained, current wages and all benefit levels will need to be grandfathered which may require pricing revisions.

Richmond Library @ 325 Civic Center Plaza
Shift #1 Shift #2 Total Hours per day
Monday 8:00am - 4:00pm 3:30pm - 7:30pm 12
Tuesday 8:00am - 4:00pm 3:30pm - 7:30pm 12
Wednesday 8:00am - 4:00pm 3:30pm - 7:30pm 12
Thursday 8:00am - 5:00pm 9
Friday 8:00am - 5:00pm 9
54 DocuSign Envelope ID: 9AABFA37-696B-4499-836F-6C6BBD20D2E8 1524

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose
. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Police
LT. ELIZABETH BASHAN
[email protected]
(510) 621-1817
12424
5029
SECURITY SERVICES AT BOOKER T. ANDERSON COMMUNITY CENTER. ✔
3 ALLIED UNIVERSAL SECURITY SERVICES
1855 GATEWAY BLVD, STE 140
CONCORD, CA 94520

ALICIA MERCER
(510) 507-9358
[email protected]
40051433
December 31, 2022
✔
December 17, 2019
January 1, 2020
December 31, 2022
944,350.00
DocuSign Envelope ID: 24519182-9A15-4761-9CF3-0B478919ECBB 1525
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained.

Pursuant to the Original Contract,
the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or e
xecuted by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization
, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and
the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

ALLIED UNIVERSAL SECURITY SERVICES
DocuSign Envelope ID: 24519182-9A15-4761-9CF3-0B478919ECBB Senior Regional Vice President
MayoryMayor
1526
Contract Amendment between the City of Richmond and
Amendmen
t No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses." “The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

2. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

ALLIED UNIVERSAL SECURITY SERVICES
3 5029
119,348.40
1,183,698.40

1. Per the attached (Attachment 1) 2022 Budget Proposal, the Contractor will assign four to six, unarmed security guards with an on-site supervisor, to Booker T. Anderson Community Center, 7 days a week, 24 hours a day.

2. The security guards will provide patrol and stationary security functions inside and around the Community Center as directed in post orders provided by the Director of Public Works and/or City of Richmond Police Department.

DocuSign Envelope ID: 24519182-9A15-4761-9CF3-0B478919ECBB 1527
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $
________________for a payment limit not to
exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The
second Contract Amendment was approved by City Council of the City of Richmond or executed by the City
Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The
third Contract Amendment was approved by City Council of the Cit y of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $
________________for a payment limit not to
exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $
________________for a payment limit not to
exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

ALLIED UNIVERSAL SECURITY SERVICES
3 5029
11/23/2021
65,000.00
1,009,350.00
✔
✔
✔
5/3/2022
55,000.00
1,064,350.00
1,183,698.40
119,348.40
7/19/2022
✔
✔
✔
DocuSign Envelope ID: 24519182-9A15-4761-9CF3-0B478919ECBB 1528
Position Hours per
week
Straight Time
Pay Rate
Straight Time
Bill Rate
Holiday / Overtime
Bill Rate
Weekly
Estimate
Monthly
Estimate Annual Estimate
Security Professional 128 $17.50 $27.30 $40.95 $3,494.40 $15,142.40 $181,708.80 Site Supervisor 40 $20.00 $31.20 $26.25 $1,050.00 $4,550.00 $54,600.00 Sub-Total 168.0 $4,544.40 $19,692.40 $236,308.80
HELIAUS® Quantity Price Per Unit Monthly
Estimate Annual Estimate
1 $199.00 $199.00 $2,388.00
Notes to Pricing:

Wage and corresponding billing rates will increase by .50/hour (or as indicated by the CBA) to occur January 1st annually.

Heliaus Technology Platform billed as a separate line item on a monthly basis.

Above annual estimate is based on 52 weeks per year.

Special service coverage requests will be billed at $50/hr.

The above pricing is a best estimate based on information known at time of preparation.

Booker T. Anderson Community Center
960 S. 47th Street, Richmond, CA 94804
The above rates will be in effect for 30 days and are quoted for permanent service, one year or longer only.

Benefits included in rate: Union Medical, 9 Sick Days or 72 hours, 8 Union Holidays, vacation accruals Attachment 1
DocuSign Envelope ID: 24519182-9A15-4761-9CF3-0B478919ECBB 1529

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

Police
Lt. Elizabeth Bashan
[email protected]
(510) 621-1817
12424
5029
Security services at Civic Center Campus, Library, and BTA Community Center. ✔
4 Universal Protection Service, LLC d/b/a Allied Universal Security Services 1855 GATEWAY BLVD, STE 140
CONCORD, CA 94520

ALICIA MERCER
(510) 507-9358
[email protected]
40051433
December 31, 2022
✔
December 17, 2019
January 1, 2020
December 31, 2022
944,350.00
DocuSign Envelope ID: 992C3FE6-91B2-49F8-B6C0-DF1C7503ED38 1530
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Universal Protection Service, LLC d/b/a Allied Universal Security Services
DocuSign Envelope ID: 992C3FE6-91B2-49F8-B6C0-DF1C7503ED38 Regional Vice President
MayoryMayor
1531
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:

"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."

“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

4 5029
January 1, 2020
December 31, 2023
834,555.00
2,018,253.00
Universal Protection Service, LLC d/b/a Allied Universal Security Services Additional services at Booker T. Anderson Community Center as outlined in Attachment 1.

DocuSign Envelope ID: 992C3FE6-91B2-49F8-B6C0-DF1C7503ED38 1532
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

Universal Protection Service, LLC d/b/a Allied Universal Security Services 4 5029
11/23/2021
65,000.00
1,009,350.00
✔
✔
✔
5/3/2022
55,000.00
1,064,350.00
1,183,698.40
119,348.40
7/19/2022
12/31/2023
2,018,253.40
834,555.00
11/15/2022

0.00 ✔
✔
✔
✔
✔
✔
DocuSign Envelope ID: 992C3FE6-91B2-49F8-B6C0-DF1C7503ED38 1533
Position Hours per
week
Straight Time
Pay Rate
Straight Time
Bill Rate
Holiday / Overtime
Bill Rate
Weekly
Estimate
Monthly
Estimate Annual Estimate
Security Professional 184 $17.50 $27.30 $40.95 $5,023.20 $21,767.20 $261,206.40 Site Supervisor 40 $20.00 $31.20 $26.25 $1,050.00 $4,550.00 $54,600.00 Sub-Total 224.0 $6,073.20 $26,317.20 $315,806.40
Equipment Quantity Price Per Unit Monthly
Estimate Annual Estimate
HELIAUS 1 $199.00 $199.00 $2,388.00
Porta Potty 1 $280.00 $280.00 $3,360.00
Vehicle 1 $1,500.00 $1,500.00 $18,000.00
Total with Guard hours
and Equipment $28,296.20 $339,554.40
Notes to Pricing:

Proposal updated September 8, 2022
Benefits included in rate: Union Medical, 9 Sick Days or 72 hours, 9 Union Holidays, vacation accruals Booker T. Anderson Community Center
960 S. 47th Street, Richmond, CA 94804
The above rates will be in effect for 30 days and are quoted for permanent service, one year or longer only.

Wage and corresponding billing rates will increase by .50/hour (or as indicated by the CBA) to occur January 1st annually.

Heliaus Technology Platform, Porta Potty and Vehicle billed as a separate line item on a monthly basis. Vehicle fuel to be billed as incurred Above annual estimate is based on 52 weeks per year.

Special service coverage requests will be billed at $50.00/hr.

The above pricing is a best estimate based on information known at time of preparation.

ATT
ATTACHMENT 1
DocuSign Envelope ID: 992C3FE6-91B2-49F8-B6C0-DF1C7503ED38 1534

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

P.R. No: Vendor No: P.O./Contract No:

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (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. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

1535
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

1536
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:

"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."

“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07

1537
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.

Term Amendment (insert new termination date):________________________

Service Plan

1538

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Bro ker” means either of the following:
i. The collection of information, including personal information about consumers, from a w
ide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultim
ately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other sim ilar ser
vices."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any tim
e during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's f ailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies w ith the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the fore going is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
Exhibit A-1
1539
Prepared For:

Date Submitted
10/30/2023 233.5
SITE LOCATION:

Contact: Anthony Morrell Client Manager
Cell Phone: 925.230.7117 : Office: 510.839.4041 : Fax: 925.332.7271 Hours Per Week Personnel Pay Rate Bill Rate OT/Holiday
Bill Rate
Base Weekly
Cost Holiday Differential Holiday Cost** Base Monthly Cost Base Annual Cost 40 Supervisor 20.00$ 35.03$ 52.55$ 1,401.20$ 26.27$ 1,891.62$ 6,088.21$ 73,058.57$ 31 Security Professional 19.00$ 33.28$ 49.92$ 1,031.63$ 24.96$ 1,797.04$ 4,482.45$ 53,789.37$ 24 Security Professional 19.00$ 33.28$ 49.92$ 798.68$ 24.96$ 1,797.04$ 3,470.28$ 41,643.38$ 30 Security Professional 19.00$ 33.28$ 49.92$ 998.36$ 24.96$ 1,797.04$ 4,337.85$ 52,054.23$ 21 Security Professional 19.00$ 33.28$ 49.92$ 698.85$ 24.96$ 1,797.04$ 3,036.50$ 36,437.96$ 30 Security Professional 19.00$ 33.28$ 49.92$ 998.36$ 4,337.85$ 52,054.23$ 21 Security Professional 19.00$ 33.28$ 49.92$ 698.85$ 3,036.50$ 36,437.96$ 13 Security Professional 19.00$ 33.28$ 49.92$ 432.62$ 1,879.74$ 22,556.83$ 16 Security Professional 19.00$ 33.28$ 49.92$ 532.46$ 2,313.52$ 27,762.26$

7.5 Security Professional 19.00$ 33.28$ 49.92$ 249.59$ 1,084.46$ 13,013.56$ Base Weekly Cost 7,840.59$
Base Monthly Cost 34,067.36$
Est. Medical Monthly Cost 3,452.11$
Est. Monthly Vacation Cost 924.65$
Est. Monthly Sick Pay Cost 380.22$
Est. Annual FUTA: (Federal Unemployment Tax Act) Cost 630.00$ Est. HeliAUS Device Billed as Incurred 199.00$
Est. Annual FUTA: (Federal Unemployment Tax Act) Cost 630.00$ MONTHLY ESTIMATED COST 34,266.36$
Base Annual Cost 408,808.35$
Est. Annual Holiday Cost 9,079.78$
ANNUAL EST COST INCLUDED BILL AS INCURRED & HOLIDAYS 420,906.13$ * 2024 Rates Increase
Pay Increase $1.00 per hour As Mandated Under the Newly Ratified Union Collective Bargaining Agreement Effective January 01, 2024 Included in Rate Items:

Sick: Up to five sick days per SP per year as stipulated in CBA (Estmated Average 40 hours used per employee per year for budget) Vacation: The following is the schedule of maximum vacations as prescribed under the Union CBA and employees' anniversary dates; 1 year continuous services - 5 days (40 hours), 3 years continuous services - 10 days (80 hours), 6 years continuous services - 15 days (120 hours), 15 years continuous services - 20 days (160 hours) Medical: Depending on employee electives as stipulated in CBA, Estimated Cost: Single ($863.03), Emp. Plus 1 ($1,601.05), Family ($2,364.08) Billed as Incurred Items:

Holidays: Nine (9) Union-recognized paid holidays (New Year's Day, MLK Day, President's Day, Labor Day, Juneteenth, Independence Day, Memorial Day, Thanksgiving, and Christmas Day as required under the Collective Bargaining Agreement. All time worked on these days are billed at Time and A Half Rate.

Security Professional that are scheduled to work, but do not due to modified holiday schedules will be paid and bill at straight time.

HeliAUS Device
$199.00
FUTA: (Federal Unemployment Tax Act) Cost will be $63 per employee billed separately.

For more information please visit: https://www.irs.gov/individuals/international-taxpayers/federal-unemployment-tax 630.00$
SPECIAL COVERAGE REQUEST: All Requests for additional coverage (not listed above) shall be billed at a rate of time and one half or a minimum of $50 per hour Client Name:/Signature: __________________________________________________________________________ Date: _______________ Richmond Police Department
City of Richmond Civic Center Total Weekly
Hours440 Civic Center Plaza #450
Richmond, CA 94806
Lieutenant Carl Dean
NOTE: Paid-parental-leave-ordinance will be billed as incurred should an employee use the benefit. 440 Civic Center Plaza #450
Richmond, Ca 94806
2024 Security Budget
Job # 145919
2024 Proposed Pay-Bill Rates*
233.5
EXHIBIT A-2
1540
Prepared For:

Date Submitted
10/30/2023 54
SITE LOCATION:

Contact: Anthony Morrell Client Manager
Cell Phone: 925.230.7117 : Office: 510.839.4041 : Fax: 925.332.7271 Hours Per Week Personnel Pay Rate Bill Rate OT/Holiday Bill RateBase Weekly Cost Base Monthly Cost Base Annual Cost 40 Security Professional 18.15$ 32.54$ 48.81$ 1,301.72$ 5,655.96$ 67,871.58$ 12 Security Professional 18.15$ 32.54$ 48.81$ 390.52$ 1,696.79$ 20,361.47$ 2 Security Professional OT 27.23$ 48.81$ 73.22$ 97.63$ 424.20$ 5,090.37$ Base Weekly Cost 1,789.86$
Base Monthly Cost 7,776.95$
Est. Medical Monthly Cost 863.03$
Est. Monthly Vacation Cost 488.14$
Est. Monthly Sick Pay Cost 162.71$
Est. Monthly HeliAUS Device Billed as Incurred 199.00$
Est. Annual FUTA: (Federal Unemployment Tax Act) Cost 189.00$ MONTHLY ESTIMATED COST 7,975.95$
Base Annual Cost 93,323.42$
ANNUAL EST COST INCLUDED BILL AS INCURRED & HOLIDAYS 95,900.42$ * 2024 Rates Increase
Pay Increase $1.00 per hour As Mandated Under the Newly Ratified Union Collective Bargaining Agreement Effective January 01, 2024 Included in Rate Items:

Sick: Up to five sick days per SP per year as stipulated in CBA (Estmated Average 40 hours used per employee per year for budget) Vacation: The following is the schedule of maximum vacations as prescribed under the Union CBA and employees' anniversary dates; 1 year continuous services - 5 days (40 hours), 3 years continuous services - 10 days (80 hours), 6 years continuous services - 15 days (120 hours), 15 years continuous services - 20 days (160 hours) Medical: Depending on employee electives as stipulated in CBA, Estimated Cost: Single ($863.03), Emp. Plus 1 ($1,601.05), Family ($2,364.08) Billed as Incurred Items:

Holidays: Nine (9) Union-recognized paid holidays (New Year's Day, MLK Day, President's Day, Labor Day,Juneteenth, Independence Day, Memorial Day, Thanksgiving, and Christmas Day as required under the Collective Bargaining Agreement. All time worked on these days are billed at Time and A Half Rate.

Security Professional that are scheduled to work, but do not due to modified holiday schedules will be paid and bill at straight time.

FUTA: (Federal Unemployment Tax Act) Cost will be $63 per employee billed separately.

For more information please visit: https://www.irs.gov/individuals/international-taxpayers/federal-unemployment-tax 189.00$
HeliAUS Device
$199.00
SPECIAL COVERAGE REQUEST: All Requests for additional coverage (not listed above) shall be billed at a rate of time and one half or a minimum of $50.00 per hour Client Name:/Signature: __________________________________________________________________________Date: _______________ NOTE: Paid-parental-leave-ordinance will be billed as incurred should an employee use the benefit.

City of Richmond Library Total Weekly Hours
325 Civic Center Plaza
Richmond, CA 94804
Lieutenant Carl Dean
Richmond Police Department
Richmond, Ca 94804
2024 Security Budget
Job # 220084
2024 Proposed Pay-Bill Rates*
325 Civic Center Plaza
54 1541

Richmond Police Department
Crime Report

Mayor Martinez, Council and Community,

The attached documents provide the statistical data related to crime for the month of November. In addition to the crime statistics, I’ve also added an additional document which provides the statistical data related to the license plate reader (LPR) cameras that are installed throughout the city. This document includes how many stolen vehicles were recovered through the use of LPR, arrests made using LPR, and how many cases LPR assisted with. As you will see in the statistical data, the LPR cameras have been instrumental in assisting our officers in their crime fighting efforts.

I have a few additional highlights for the month of November.

We had two homicides during the month of November. This brings our total number of homicides to 8 this year.

The first occurred on November 9th on Richmond Parkway/Giant Road. The victim was driving his vehicle and may have attempted to race the suspects when the suspects began firing at the victim. The victim was struck and died at the scene from his injuries. No arrests have been made in this case.

The second homicide of the month occurred on Thanksgiving Day at the Monterey Pines Apartment Complex. Dispatch received a ShotSpotter activation and officers responded to find a victim collapsed in the doorway of a residence. The victim was shot multiple times and succumbed to his injuries at the hospital. Homicide Detectives were called out to investigate. The investigation is ongoing and no suspects have been arrested.

Our Domestic and Sexual Assault Unit worked a sexual assault case in which a pastor is accused of sexual assault against several victims at his church. Our detectives worked with the victims and ultimately arrested the pastor on multiple counts of sexual assault. The District Attorney’s office charged the pastor with 16 counts of sexual assault.

On November 27th Officers responded to a suicide attempt of a 12-year-old child. The child had attempted to jump off of a 6th floor balcony and was being held by their parents. The child was actively pushing away and the parents were unable to bring the child back up to the balcony. Officers arrived and were able to grab the child, preventing them from falling. The child was taken to the hospital for a mental health evaluation.

We are preparing for our annual Fire and Police food and toy giveaway on Saturday December 14th. We will provide food and toys to over 500 families that previously registered for this program. We will also take more than 50 children shopping at our local Walmart and Target stores during our annual Shop with a Cop event on Thursday December 21st. These are just two of many events in which the police department partners with our community during the holiday season.

Bisa French
Chief of Police
Richmond Police Department
1542
Crime Analysis Unit
Created: 12/14/2023

Richmond Police Department
Violent Crime and Property Crime

Current – 11/1/23-11/30/23
Prior – 10/1/23-10/31/23

HOMICIDE AGGRAVATED

ASSAULT

ROBBERY SEX OFFENSES TOTAL VIOLENT
CRIME
Prior 2 89 23 8 122
Current 2 92 18 6 118
% Change No change +3% -22% -25% -3%

Total Impounds: 225
Total Collision Calls for Service: 156
DUI related Traffic Collisions: 3
DUI Reports: 10
Side-Shows Calls for Service: 8
Total Firearms Recovered: 12
Significant Violent Crime:

Major Decrease: Robbery– 18; Prior total was 23 with a 22% Decrease Significant Property Crime:

Major Increase: Burglary – 40; Prior total was 30 with a 33% Increase

*Crime Stats reflect the NIBRS way of reporting

BURGLARY
(Excludes Auto)
THEFT
(Inc. Auto Burg)

VEHICLE THEFT ARSON TOTAL PROPERTY
CRIME
Prior 30 198 102 5 335
Current 40 147 104 2 293
% Change +33% -25% +2% -60% -12%
1543
1544

December 19, 2023

Police Department

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Richmond Police Department Assigned Vehicle Program
(AVP)
FINANCIAL IMPACT: The proposed $141,790 annual expenditure will require a budget adjustment to the Police Department’s vehicle
cost pool allocation for Fiscal Year 2023-2024; future
years will be budgeted for appropriately – account string 01191021-400571.

PREVIOUS COUNCIL
ACTION:

November 7, 2023-The PD’s “18-Month Plan to Eliminate
Mandatory Overtime within the Richmond Police
Department” presentation was approved on the consent
calendar.

STATEMENT OF THE
ISSUE:

Richmond Police Officers have been subject to multiple
years of mandatory overtime to fill minimum staffing
levels and sustain essential public safety services. To mitigate this issue, the Police Department proposes
implementing an assigned take-home vehicle program to
reduce overtime costs by increasing recruitment efforts and retaining current staff while positively impacting
department morale.

RECOMMENDED ACTION:

APPROVE the immediate implementation of the
Richmond Police Department’s Assigned Vehicle
Program for an amount of $141,790 annually – Police
Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
1545

December 19, 2023
DISCUSSION:

For several years, the Richmond Police Department has endured critically low staffing levels, resulting in officers being subjected to mandatory overtime to maintain crucial public safety services and minimum staffing levels. As a result of this issue, the Police Department Administration has successfully worked with the Human Resources Department to procure recruitment resources as part of a comprehensive strategy to increase interest in police officer jobs. However, despite our best efforts and the progress that we have made, the City of Richmond continues to fall behind in the area of recruitment of new police officers and the retention of existing staff. This unending cycle of hiring new officers while losing existing staff ultimately results in continued mandatory overtime, poor employee morale, and negatively impacts public safety services to the community.

It is widely known that police departments nationwide struggle to recruit, hire, and retain quality personnel. The Richmond Police Department is no different. To address this issue, the Richmond Police Department proposes implementing an “Assigned Vehicle Program” (AVP) to increase our ability to market Richmond Police Department jobs and simultaneously retain the highly trained officers currently working for the City of Richmond.

Recruitment and Retention
The implementation of an Assigned Vehicle Program would set us apart from other agencies that are now offering incentives such as $75,000 hiring bonuses, $5,000 referral bonuses, down payments for home purchases, lifetime medical benefits after 15 years of service, retirement eligibility at age 50, free uniforms and dry cleaning, tuition reimbursement, and more robust specialty assignments and promotional opportunities, all benefits and recruitment/retention tools that RPD cannot currently compete with.

The AVP initiative addresses the critical need for a dedicated fleet of vehicles exclusively assigned to individual sworn personnel and extends beyond personnel already authorized to take a vehicle home to accommodate on-call work status.

Currently, Richmond Police Officers rely on a shared pool of vehicles, leading to logistical challenges and increased wear and tear on the vehicles, as each patrol car operates on a 24-hour-per-day basis and is utilized continuously from one shift to the next. The AVP seeks to mitigate these issues by providing officers with their assigned take-home vehicle, which will only be operational to and from work and for the duration of the officer's shift, therefore utilizing the vehicle in a manner consistent with manufacturing intent. In addition to prolonging each vehicle’s lifespan, the AVP will foster a sense of ownership and ensure each car is adequately equipped, properly serviced, and always prepared for swift and responsive community policing.

The AVP is designed to improve the mobility, response time, and overall effectiveness of our Police Department by eliminating the need for officers to prepare a vehicle for service at the onset of each shift and allowing them to provide service to the community more efficiently. By allocating specific vehicles to individual officers, we aim to 1546

December 19, 2023
streamline daily operations and reduce downtime associated with pool vehicle deployments. The AVP includes a comprehensive maintenance plan serviced by City of Richmond maintenance staff to extend the lifespan of vehicles and minimize long-term vehicle costs.

In addition to the long-term cost savings, implementing an AVP is a powerful tool in the City’s efforts to recruit and retain top-tier police officers. The prospect of having a dedicated take-home vehicle for patrol officers provides a tangible and attractive benefit for potential recruits and existing sworn personnel. This program not only addresses the practical needs of officers but also symbolizes a commitment to their well-being and professional satisfaction. A sense of individual ownership over assigned vehicles fosters a stronger connection between officers and their role in safeguarding the community.

This, in turn, contributes to a positive organizational culture and improved morale, which is vital for attracting new talent to the Richmond Police Department. To emphasize the impact of an AVP, the Richmond Police Department has lost numerous tenured officers to cities that currently offer an AVP; most recently, this past month, the Richmond Police Department lost three sworn officers to such organizations.

Geographic Case Studies:

Fairfield PD, Vacaville PD, and Kensington PD offer an AVP to their sworn officers.

Dixon PD and Benicia PD currently have “pilot” programs. Within these agencies, AVPs are commonly cited as a significant factor in an employee’s decision to stay and an applicant’s decision to apply.

Some facts to consider about the listed agencies that currently deploy an AVP:

Fairfield PD is one of the few fully-staffed police departments in the region. Fairfield PD now has 124 of 126 sworn vacancies filled. They do not have mandatory overtime signups and rarely force patrol officers to work past their assigned shifts. Fairfield PD has attracted new hires and seasoned lateral officers, including two from our agency.

These officers cited Fairfield PD’s Assigned Vehicle Program as one of the main reasons they chose the agency.

Vacaville PD is currently operating with 119 of 126 sworn vacancies filled. The coordinator of their Assigned Vehicle Program cites it as their best recruiting and retention tool. He stated that they do not have officer retention problems. Vacaville PD does have mandatory overtime signups but reports that the assigned vehicle program mitigates a significant amount of officer frustration and fatigue.

Kensington PD has 8 of 9 sworn positions filled, with multiple candidates currently in the background for the position. They have no mandatory overtime and rarely need to force a patrol officer to work past their assigned shift.

Dixon PD has 26 of 29 sworn positions filled. They have no mandatory overtime and rarely need to force a patrol officer to work past their assigned shift.

1547

December 19, 2023
Benicia PD has 29 of 33 sworn positions filled.
(note: there are many more cities in California and throughout the United States that have implemented AVPs)

Feedback from officers at the Richmond Police Department has shown that an AVP would help tremendously with officer retention. From 2019 – 2023, 33 officers have resigned from Richmond PD and left for other agencies. These resignations have led to a staffing crisis necessitating the elimination of an entire patrol team, and our Traffic, Narcotics, Parole, Gang, Bravo, and Regulatory Units. The remaining investigative units have also endured staffing cuts.

Vehicle Longevity
In addition to the hiring and retention benefits, AVPs have a significant impact on the longevity of a police vehicle. The evidence overwhelmingly indicates that an Assigned Vehicle Program is more cost-effective than a Pool Car system. Research shows that total engine hours can accurately tell vehicle longevity and repair needs more than mileage. Pool cars operate up to 24 hours a day. Having a vehicle assigned to an individual officer dramatically reduces the engine hours on the car. Research shows that one hour of engine idle equals 30 to 60 miles of driving. Pool cars are typically passed off between officers at the beginning and end of their shifts. When a vehicle constantly runs, it cannot cool off, leading to expensive maintenance, longevity, and warranty issues.

Nation Wide Case Studies:

Numerous studies conducted on Assigned Vehicle Programs throughout the country show that vehicle longevity is significantly improved. This is due to assigned vehicles running approximately one-half to one-third less than a pool car and individual driver accountability.

Pima County Sheriffs, Arizona
Pool Car: 1.7 years
Assigned Vehicle: 7 years

Hampton PD, Virginia
Pool Car: 3 years
Assigned Vehicle: 8 years

Arlington PD, Texas
Pool Car: 3 years
Assigned Vehicle: 6 years

Manatee County Sheriff’s Department, Florida
Pool Car: 1.8 years
Assigned Vehicle: 5 years
1548

December 19, 2023

St. Petersburg PD, Florida
Pool Car: 1.8 years
Assigned Vehicle: 5 years

Tacoma PD, Washington
Pool Car: 2 years
Assigned Vehicle: 7 years

The Montgomery County Study
Pool Car: 2-3 years
Assigned Vehicle: 5-7 years

The average patrol vehicle costs $70,000. A pool car at Richmond PD would be replaced on average three times for every one time a car in the Assigned Vehicle Program would need to be replaced. This would be a tremendous cost savings (not adjusted for inflation) for just one vehicle in an Assigned Vehicle Program.

Operating Costs

A study with the Tacoma, WA, Police Department showed that operating costs per mile were 30 percent lower for assigned vehicles versus pool cars. Officers take more ownership of their assigned vehicles. They are more likely to report minor mechanical issues, avoid costly repairs, and comply with scheduled maintenance. Officers drive their assigned vehicles less aggressively, saving on wear and tear and fuel costs.

The State of Massachusetts Study showed that agencies with an Assigned Vehicle Program revealed that officers take better care of assigned vehicles. Minor issues go unreported when officers utilize pool cars, fresh damage can be overlooked, and vehicles often get dirty. A Pima County Sheriff’s Study showed that assigned vehicles had decreased maintenance costs due to increased driver accountability:

City of St. Petersburg, Florida
Pool Car: 0.49 cent/mile
Assigned Vehicle: 0.40 cent/mile
Total savings: $7,650 per vehicle over life expectancy or eight percent cost reduction.

Galloway Township Police Department, New Jersey
The Fleet manager projected operating costs to nearly double from $130,000 to $228,000 if forced to transition from the Assigned Vehicle Program to the Pool Car Program.

Daytona Beach Police Department, Florida
They reported 40 percent reduced maintenance costs with the Assigned Vehicle Program.
1549

December 19, 2023
Tacoma Police Department, Washington
Operating costs were reduced by 33.86 percent by utilizing an Assigned Vehicle Program.

Visalia Police Department, California
The personalized patrol vehicle program has saved 31 percent in operating costs compared to traditional patrol vehicle programs.

United States Department of Justice Study
Operating costs for a large city department with an Assigned Vehicle Program would drop 30 percent over a Pool Car Program.

RICHMOND POLICE DEPARTMENT FLEET
We will have ample vehicles to support an Assigned Vehicle Program. The first year of an Assigned Vehicle Program is typically the most expensive due to departments needing to stockpile enough vehicles. Fortunately, and unfortunately, due to our limited staff, we currently have sufficient vehicles to launch a sustainable Assigned Vehicle Program at this time.

Current Maintenance Costs:

This includes oil changes, tires, and preventative maintenance. Oil changes are performed every 3,000 miles, and patrol vehicle tires are replaced every six to eight months.

Maintenance Cost:

The current expense of maintaining the Richmond Police Department pool of vehicles is $2,078 per vehicle annually. This cost is based on an average vehicle driven approximately 11,387 miles annually.

The proposed expense to maintain the Richmond Police Department AVP is $3,457 per vehicle annually. This cost is based on an average vehicle driven approximately 18,944 miles annually.

The AVP accounts for a cost difference of $75,845 per year.

Fuel Cost:

The current fuel expense for the Richmond Police Department's pool of vehicles is approximately $1,807 per vehicle annually. This cost is predicted based on an average vehicle driven approximately 11,387 miles annually with a fuel efficiency rate of 23 miles per gallon.

The fuel expense for the proposed AVP is approximately $3,006 per vehicle annually.

This cost is predicted based on an average vehicle driven approximately 18,944 miles annually with a fuel efficiency rate of 23 miles per gallon.

The AVP accounts for a cost difference of $65,945 per year. 1550

December 19, 2023
The annual added expense to operate the AVP (fuel/maintenance) is $141,790.

Policy and Oversight
The Police Department Administration recognizes potential risks associated with implementing an AVP; therefore, strict policy development and enforcement are crucial to the program's success. RPD policy dictates that City-owned vehicles are only used for work-related purposes, not personal errands, or transportation. Assigned vehicles may be used for travel related to a work assignment as follows:

 Sworn employees living within 60 miles of Richmond city limits can take an assigned vehicle home.

 Exceptions to the 60-mile rule may be made with the approval of the Chief of Police under specific circumstances.

 Probationary employees are not eligible to participate in the Assigned Vehicle Program.

 Those employees eligible to take their cars home based on the above criteria shall provide off-street parking for the police vehicle. The address where the vehicle will be parked when not used shall be current on the Assigned Vehicle Agreement form.

 Employees who live more than 60 miles away may park it in the secured lot of a local police or fire department within the 60-mile radius. The address must be provided and current on the Assigned Vehicle Agreement form. Written proof of permission from that agency may be required.

 All rules of the road shall be obeyed unless exigent circumstances warrant an emergency response. The current RPD Policy shall be adhered to in these circumstances. When driving an assigned vehicle to and from work outside of the jurisdiction of the Richmond Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or severe property damage exists. Officers may render public assistance when prudent (e.g., to a stranded motorist).

FISCAL IMPACT
Evidence from existing Assigned Vehicle Programs throughout California and the United States overwhelmingly indicates that they are more cost-effective than a Pool Car system. The majority of the expenses of an Assigned Vehicle Program are upfront. The benefit for Richmond PD is that we currently have sufficient vehicles to implement the costliest part of the program. The cost of the Assigned Vehicle Program is significantly reduced every year as the vehicle cost is amortized.

The annual estimated fuel and maintenance increase for vehicles under the Assigned Vehicle Program is $141,790. This cost does not consider the expected increase in 1551

December 19, 2023
vehicle longevity, decreases in serious collisions, and recruiting and retention benefits, as seen by other agencies with Assigned Vehicle Programs.

RECOMMENDATION
Richmond Police Department Administration recommends implementing an Assigned Vehicle Program at the Richmond Police Department.

Evidence from established Assigned Vehicle Programs around the country overwhelmingly shows the financial benefit that the program brings to their local organizations. The quantifiable advantages include a dramatic increase in vehicle longevity, reduced operating costs, and increased work efficiency. The less measurable benefits are perhaps even more significant.

Departments with Assigned Vehicle Programs report increased officer morale and job satisfaction. Their Assigned Vehicle Programs have been vital in recruiting and retaining personnel.

The Richmond Police Department is slowly recovering from one of our most critical staffing shortages. Implementing a well-managed Assigned Vehicle Program will aid our efforts to improve the working conditions for our officers. With our current staffing shortages and resulting lack of specialty assignments and promotional opportunities, we are no longer one of the most competitive agencies to work for. An Assigned Vehicle Program will boost our standing among other local agencies in our recruiting effort and placing us in the top tier of desired Bay Area agencies for which to work.

DOCUMENTS ATTACHED:

Attachment 1 – RPD Assigned Vehicle Program Policy
Attachment 2 – RPD Assigned Vehicle Program Employee Agreement Attachment 3 – RPD City Vehicle Use Policy

1552
Copyright Lexipol, LLC 2023/11/01, All Rights Reserved.

Published with permission by Richmond Police
Department
Assigned Vehicle Program - 1

Richmond Police Department
Richmond PD Policy Manual

Assigned Vehicle Program
709.1 PURPOSE AND SCOPE
This policy establishes a system of accountability to ensure City -owned vehicles are used appropriately. This policy shall not be construed to create or imply any contractual obligation by the City of Richmond to provide assigned vehicles. Participation in the Assigned Vehicle Program is a privilege, not an automatic fringe benefit or right. Permission to participate in this program may be withdrawn at any time. The longevity of the Assigned Vehicle Program depends largely on the program's long-term cost effectiveness.

709.2 ASSIGNMENT OF VEHICLES
Vehicles are assigned by the Fleet Manager based on the employee's job requirements and on what vehicles are available at the time of the assignment.

When the Fleet Manager receives notice of a change of assignment for an employee, the Fleet Manager will send the employee an email indicating their assigned vehicle number and effective date of the assignment. This email and the accompanying Assigned Vehicle Agreement form will be generated whenever a change is made to the employee's vehicle assignment. A copy of the email will be sent to the employee's chain of command. The Assigned Vehicle Agreement form will be maintained by the Fleet Manager. Seniority will be taken into consideration when issuing new vehicles, however, the Chief of Police or his/ her designee will have the ultimate authority on how vehicles are assigned based on department needs. Probationary employees will not be eligible to participate in the Assigned Vehicle Program.

Pool cars shall not be taken home without permission from the Fleet Manager, or on -duty Watch Commander if the Fleet Manager is not available. If an employee must leave their assigned vehicle overnight for maintenance, the employee must make other arrangements for transportation to and from work until their assigned vehicle is returned.

Policy
709
1553
Richmond Police Department
Richmond PD Policy Manual
Assigned Vehicle Program
Copyright Lexipol, LLC 2023/11/01, All Rights Reserved.

Published with permission by Richmond Police
Department
Assigned Vehicle Program - 2

709.3 USE OF ASSIGNED VEHICLES
City-owned vehicles shall only be used for work-related purposes and shall not be used for personal errands, or transports unless special circumstances exist and the employee's supervisor gives authorization. Assigned vehicles may be used for travel related to a work assignment as follows:
(a) Sworn employees living within 60 miles of Richmond city limits will be allowed to take an assigned vehicle home.
(b) Exceptions to the 60-mile rule may be made with the approval of the Chief of Police. (c) Probationary employees are not eligible to participate in the Assigned Vehicle Program. (d) Those employees who are eligible to take their cars home based on the above criteria shall provide off-street parking for the police vehicle. The address where the vehicle will be parked when not in use shall be current on the Assigned Vehicle Agreement form. (e) Employees who live more than 60 miles away may choose to park it in the secured lot of a local police or fire department. The address must be provided and current on the Assigned Vehicle Agreement form. Written proof of permission from that agency may be required. (f) All rules of the road shall be obeyed unless exigent circumstances warrant an emergency response. Policy Manual 310 Response to Emergency Calls shall be adhered to in these circumstances.

709.4 ENFORCEMENT ACTION
When driving an assigned vehicle to and from work outside of the jurisdiction of the Richmond Police Department or while off -duty, an officer s hould not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off- Duty Law Enforcement Actions and Law Enforcement Authority policies). All off-duty action shall be immediately reported to the on-duty Watch Commander, or as soon as practicable.

Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist).

Officers driving take-home vehicles shall be armed, appropriately attired and carry their department-issued identification. Officers should also ensure that department radio communication capabilities are maintained to the extent feasible.

709.5 REPORTING
Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Watch Commander as soon as practicable. The Watch Commander shall determine whether a report should be filed by the employee. Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. 1554
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When an employee is on vacation, leave, or o ut of the area in excess of one week, the vehicle shall be stored in a secure garage at the employee's residence or at the police facility.

Vehicles not in use or under the immediate control of the employee shall be locked. All firearms, Tasers, and other weapons shall be removed from the vehicle when the officer goes off duty. All firearms shall be stored in accordance with the Firearms policy. Use of an assigned vehicle for any other purposes shall be at the discretion of the Chief of Police. When a vehicle is assigned to an employee, an Assigned Vehicle Agreement form specifying the parameters for the vehicle's use and parking requirements shall be signed by the employee. The Chief of Police reserves the right to restrict an officer from taking a city-owned car home at any time.

709.6 ASSIGNED VEHICLE EQUIPMENT
No modifications, additions, or deletions of any equipment shall be made to the vehicle without written permission from the Fleet Manager.

The Department will provide a standardized inventory of vehicle supplies. Employees assigned to a vehicle shall be responsible for restocking the vehicle as necessary from equipment and supply reserves maintained by the department.

Employees should not remove equipment, including the spare tire, from one vehicle and attach it to another vehicle unless there is an emergency need, and a supervisor approves. An email should be sent to the Fleet Manager advising them of the equipment removal at the first opportunity so that it can be replaced. The department F leet Manager is the only personnel authorized to remove or replace equipment, conduct maintenance, or install new equipment.

709.7 VEHICLES SUBJECT TO INSPECTION
All City owned vehicles are subject to inspection and/or search at any time by any supervisor. No employee assigned to, or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle.

Supervisors shall, at a minimum, perform bi -monthly inspections of vehicles assigned to employees under their command to ensure vehicles are being properly maintained (cleanliness, damage, scheduled maintenance).

709.8 KEYS
Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. The loss of a key shall be promptly reported in writing through the member's chain of command.

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709.9 ALCOHOL
Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of the assignment, members may not violate state law regarding vehicle operation while intoxicated.

709.10 MAINTENANCE
(a) Each employee is responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicle.
(b) Employees shall make daily inspections of their assigned vehicle for service/ maintenance requirements and damage.
(c) An employee whose assigned vehicle is not operable at their home shall immediately contact the on-duty Watch Commander.
(d) Supervisors shall, at a minimum, perform bi-monthly inspections of vehicles assigned to employees under their command to ensure the vehicles are being maintained in accordance with policy.
(e) Routine maintenance and oil changes shall be done in accordance with the Fleet schedule. The vehicles will normally be serviced at the corporation yard. (f) When leaving a vehicle for maintenance, the employee will complete a service request form available in the lineup room.

709.11 DAMAGE, ABUSE AND MISUSE
When any department vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collision Reporting policy).

Damage to any department vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format, and forwarded to the Watch Commander. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse.

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709.12 TRAFFIC COLLISIONS

When any department vehicle is involved in a traffic collision, Policy 501 Traffic Collision Reporting, shall apply. In addition, if the employee is found to be the party at-fault, the following point system shall apply. Exceptions may be made if the employee is serving in an on-call status and specialty positions that necessitate an assigned vehicle:
a) 8+ points = loss of Assigned Vehicle Program privileges for one month b) 12+ points = loss of Assigned Vehicle Program privileges for three months c) 18+ points = loss of Assigned Vehicle Program privileges for six months d) 27+ points = loss of Assigned Vehicle Program privileges for one calendar year

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709.13 TOLL ROAD USAGE
Law enforcement vehicles are not routinely exempted from incurring toll road charges.

To avoid unnecessary toll road charges, all members operating department vehicles on a toll road shall adhere to the following:
(a) Members operating department vehicles for any reason other than in response to an emergency or official police duties shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Members may submit a request for reimbursement from the City for any toll fees incurred in the course of official business. (b) Participation in the Assigned Vehicle Program requires members to provide proof that their vehicle is placed on their personal Fastrak account. (c) Members passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Division Commander within five working days explaining the circumstances.

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ASSIGNED VEHICLE AGREEMENT

I understand that participation in the Assigned Vehicle Program is a privilege and is not to be considered an automatic benefit or right. This privilege can be revoked or amended at any time the Department deems necessary.

I also understand that I am to adhere to the following regulations of the program, effective [_____________].

1. Only sworn employees will be allowed to take an assigned vehicle home.

2. Sworn employees shall be permitted to drive their assigned vehicle home so long as they reside within a 60-mile driving distance from Richmond city limits, unless otherwise approved by the Chief of Police. Off street parking shall be provided for all take home vehicles.

3. The employee agrees to maintain their assigned vehicle on an active Fastrak Account (verification attached), regardless if they plan to utilize a toll lane. Failure to do so may result in loss of Assigned Vehicle Program privileges.

4. The City agrees to meet and confer with the RPOA and RPMA upon request should the City propose to eliminate the Assigned Vehicle Program.

Please fill out the below information completely.

I live within 60 miles of Richmond and choose to park the vehicle at my residence.

Address where parked off duty:

I do not live within 60 miles of Richmond, but I request authorization from the Chief of Police to take my vehicle home.

Address where parked off duty: ___________________________________________________

Chief’s signature: ______________________

When driving my assigned vehicle to and from work outside the city limits of Richmond, I understand that I shall not become involved in enforcement actions except in those circumstances where a potential threat to life or serious property damage exists. I understand that I shall not use my assigned patrol vehicle for personal business, such as errands, secondary employment, or transport of persons other than City employees without supervisor approval. I also understand that I am expected to familiarize myself with the policies and procedures adopted by the Department concerning the care, maintenance, and use of the assigned patrol vehicle, and to abide by these policies and procedures.

Printed Name/ Serial #

Signature

Date Assigned Unit # Mileage

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Richmond Police Department
Richmond PD CA Policy Manual

Vehicle Use
703.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a system of accountability to ensure department vehicles are used appropriately. This policy provides guidelines for on - and off-duty use of department vehicles and shall not be construed to create or imply any contractual obligation by the City of Richmond to provide assigned take-home vehicles.

703.2 POLICY
The Richmond Police Department provides vehicles for department -related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Department, requirements for tactical deployments, and other considerations.

703.2.1 SHIFT ASSIGNED VEHICLES
Personnel assigned to routine scheduled field duties shall sign out their vehicle in the Patrol vehicle log at the start of his/her shift. Personnel shall then notify Communications Center and log onto their Mobile Data Computer (MDC) when going on duty. If the employee exchanges vehicles during the shift, the new vehicle number shall be called in and entered into the computer. At the conclusion of each shift, personnel shall sign in their vehicle i n the aforementioned Patrol vehicle log.

The Watch Commander shall ensure a copy of the Daily Attendance roster indicating member assignments and vehicle numbers is completed for each shift and retained in accordance with the established records retention schedule. If a member exchanges vehicles during his/her shift, the new vehicle number shall be documented on the roster.

Employees shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shift. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.

In addition, when logging on and off with the Communications Center, personnel shall be required to give the dispatcher the mileage for the assigned vehicle. The dispatcher receiving the log on/ off mileage shall enter this information into the computer-aided dispatch system.

703.2.2 UNSCHEDULED USE OF VEHICLES
Personnel utilizing a vehicle for any purpose other than their normally assigned duties shall notify the Watch Commander of the reasons for use. A notation will be made on the Daily Attendance indicating the operator's name and the vehicle number. This does not apply to personnel permanently assigned an individual vehicle (e.g., command staff, detectives), or to Property and Evidence Section personnel assigned transportation duties to and from the maintenance yard, etc.

Property and Evidence Section personnel shall be responsible for maintaining records of the property transportation vehicles.

Policy
703
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703.2.3 UNMARKED VEHICLES
Unmarked units, if not assigned to an individual employee, shall not be used without first obtaining approval from the respective unit supervisor.

703.2.4 AUTHORIZED PASSENGERS
Personnel operating department-owned vehicles shall not permit persons other than City employees or persons required to be conveyed in the performance of their duties, or as otherwise authorized to ride, to be a passenger in their vehicle ; unless prior permission from a super visor has been obtained.

703.2.5 PARKING
Except when responding to an emergency or when urgent department-related business requires otherwise, members driving department vehicles should obey all parking regulations at all times.

City-owned vehicles should be parked in their assigned stalls. Employees shall not park privately owned vehicles in any stall assigned to a City-owned vehicle or in other areas of the parking lot not designated as a parking space unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. Department members' personal vehicles shall not be parked in front of the Police Station.

703.2.6 INSPECTIONS
Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before tak ing the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.

The interior of any vehicle that has been used to transport any person other than a member of this department should be inspected prior to placing another person in the vehicle and again after the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle.
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When transporting any suspect, prisoner, or arrestee, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported.

All department vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents.

703.2.7 OTHER USE OF VEHICLES
Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Watch Commander. A notation will be made on the Daily Attendance roster indicating the member's name and vehicle number.

This subsection does not apply to those who are assigned to vehicle transportation duties to and from the maintenance yard or carwash.

703.2.8 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle.

Members shall ensure all weapons are secured while the vehicle is unattended.

703.2.9 MDC
Members assigned to vehicles equipped with a Mobile Digital Computer (MDC) shall log onto the MDC with the required information when going on duty. If the vehicle is not equipped with a working MDC, the member shall notify Communications Center. Use of the MDC is governed by the Mobile Digital Computer Use policy.

703.2.10 VEHICLE LOCATION SYSTEM
Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle's location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status.

Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available.

System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require Division Commander approval. 1562
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All data captured by the system shall be retained in accordance with the established records retention schedule.

703.2.11 KEYS
Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. The loss of a key shall be promptly reported in writing through the member's chain of command.

703.2.12 ALCOHOL
Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of the assignment, members may not violate state law regarding vehicle operation while intoxicated.

703.2.13 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions, or removal of any equipment or accessories without written permission from the Fleet manager.

703.2.14 PROFESSIONAL STAFF MEMBER USE
Professional Staff members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Professional Staff members shall prominently display the "out of service" placards or light bar covers at all times. Professional Staff members shall not operate the emergency lights or sirens of any vehicle unless expressly authorized by a supervisor.

703.3 MAINTENANCE
Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department.

Failure to adhere to these requirements may result in discipline and loss of vehicle assignment.

The following should be performed as outlined below:
(a) Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage.
(b) It is the member's responsibility to ensure that the assigned vehicle is maintained according to the established service and maintenance schedule. (c) All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d) The Department shall be notified of problems with the vehicle and approve any major repairs before they are performed.
(e) When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f) All weapons shall be removed from any vehicle left for maintenance. (g) Supervisors shall make, at a minimum, bi - monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy.
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703.4 ATTIRE AND APPEARANCE
When operating any department vehicle while off -duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the Department. 1564
REQUEST FOR LEGAL OPINIONPrint Document - Add Attachments – Deliver to City Attorney’s Office Date: Department: Initiated by: Phone:Subject: Resolution: Ordinance: Contract: RFP/Q: Opinion: Review:Please indicate the nature of your request and the purpose of the contract or document to be reviewed:(Items must have completed the review process BEFOREplacement on the Agenda) Deadline for opinion? Meeting Agenda (choose one): City Agency AuthorityDate:List Attachments:RESPONSE BY CITY ATTORNEY’S OFFICEAPPROVED SUBJECT TO CHANGES SHOWN REPLY ATTACHEDOTHER1st Review Date: 2nd Review Date: 3rd Review Date: APPROVED AS TO FORM Attorney’s Signature: Date: rev. 3-07 Heather Mc Laughlin 12/6/2023 1565

September 19, 2023

Police Department
AGENDA
REPORT

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Richmond Police Department Assigned Vehicle Program (AVP)
FINANCIAL IMPACT: The proposed $141,790 annual expenditure will require a budget adjustment made to the Police Department’s
vehicle cost pool allocation for Fiscal Year 2023-2024; future years will be budgeted for appropriately – account string 01191021-400571.

PREVIOUS COUNCIL
ACTION:

November 7, 2023-The PD 18-Month Plan to Eliminate
Mandatory Overtime within the Richmond Police
Department presentation was approved on the consent
calendar.

STATEMENT OF THE
ISSUE:

Richmond Police Officers have been subject to multiple
years of mandatory overtime to fill minimum staffing
levels and sustain essential public safety services. To mitigate this issue, the Police Department proposes
implementing an assigned take-home vehicle program to
reduce overtime costs by increasing recruitment efforts and retaining current staff while positively impacting
department morale.

RECOMMENDED ACTION: APPROVE tThe immediate implementation of the Richmond Police Department’s Assigned Vehicle
Program and adequately budgeted for the AVP in
subsequent fiscal years.
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DISCUSSION:

For several years, the Richmond Police Department has endured critically low staffing levels, resulting in officers being subjected to mandatory overtime to maintain crucial public safety services and minimum staffing levels. As a result of this issue, the Police Department Administration has successfully worked with the City of Richmond Human Resources Department to procure recruitment resources as part of a comprehensive strategy to increase interest in police officer jobs. However, despite our best efforts and the progress that we have made, the City of Richmond continues to fall behind in the area of recruitment of new police officers and the retention of existing staff. This unending cycle of hiring new officers while losing existing staff ultimately results in continued mandatory overtime, poor employee morale, and negatively impacts public safety services to the community.

It is widely known that police departments nationwide struggle to recruit, hire, and retain quality personnel. The Richmond Police Department is no different. To address this issue, the Richmond Police Department proposes implementing an “Assigned Vehicle Program” (AVP) to increase our ability to market Richmond Police Department jobs and simultaneously retain the highly trained officers currently working for the City of Richmond.

Recruitment and Retention
The implementation of an Assigned Vehicle Program would set us apart from other agencies that are now offering incentives such as $75,000 hiring bonuses, $5,000 referral bonuses, down payments for home purchases, lifetime medical benefits after 15 years of service, retirement eligibility at age 50, free uniforms and dry cleaning, tuition reimbursement and more robust specialty assignments and promotional opportunities, all benefits and recruitment/retention tools that RPD cannot currently compete with.

The AVP initiative addresses the critical need for a dedicated fleet of vehicles exclusively assigned to individual sworn personnel and extends beyond personnel already authorized to take a vehicle home to accommodate on-call work status.

Currently, Richmond Police Officers rely on a shared pool of vehicles, leading to logistical challenges and increased wear and tear on the vehicles, as each patrol car operates on a 24-hour-per-day basis and is utilized continuously from one shift to the next. The AVP seeks to mitigate these issues by providing officers with their assigned take-home vehicle, which will only be operational to and from work and for the duration of the officer's shift, therefore utilizing the vehicle in a manner consistent with manufacturing intent. In addition to prolonging each vehicle’s lifespan, the AVP will foster a sense of ownership and ensure each car is adequately equipped, properly serviced, and always prepared for swift and responsive community policing.

The AVP is designed to improve the mobility, response time, and overall effectiveness of our Police Department by eliminating the need for officers to prepare a vehicle for service at the onset of each shift and allowing them to provide service to the community more efficiently. By allocating specific vehicles to individual officers, we aim to streamline daily operations and reduce downtime associated with pool vehicle deployments. The AVP includes a comprehensive maintenance plan serviced by City of Formatted: Font: (Default) Arial
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Richmond maintenance staff to extend the lifespan of vehicles and minimize long-term vehicle costs.

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In addition to the long-term cost savings, implementing an AVP is a powerful tool in the city’s efforts to recruit and retain top-tier police officers. The prospect of having a dedicated take-home vehicle for patrol officers provides a tangible and attractive benefit for potential recruits and existing sworn personnel. This program not only addresses the practical needs of officers but also symbolizes a commitment to their well-being and professional satisfaction. A sense of individual ownership over assigned vehicles fosters a stronger connection between officers and their role in safeguarding the community. This, in turn, contributes to a positive organizational culture and improved morale, which is vital for attracting new talent to the Richmond Police Department. To emphasize the impact of an AVP, the Richmond Police Department has lost numerous tenured officers to cities that currently offer an AVP; most recently, this past month, the Richmond Police Department lost three sworn officers to such organizations.

Geographic Case Studies:

Fairfield PD, Vacaville PD, and Kensington PD offer an AVP to their sworn officers.

Dixon PD and Benicia PD currently have “pilot” programs. Within these agencies, AVPs are commonly cited as a significant factor in an employee’s decision to stay and an applicant’s decision to apply.

Some facts to consider about the listed agencies that currently deploy an AVP:

- Fairfield PD is one of the few fully staffed police departments in the region.

Fairfield PD now has 124 of 126 sworn vacancies filled. They do not have mandatory overtime signups and rarely force patrol officers to work past their assigned shifts. Fairfield PD has attracted new hires and seasoned lateral officers, including two from our agency. These officers cited Fairfield PD’s Assigned Vehicle Program as one of the main reasons they chose the agency.

- Vacaville PD is currently operating with 119 of 126 sworn vacancies filled. The coordinator of their Assigned Vehicle Program cites it as their best recruiting and retention tool. He stated that they do not have officer retention problems.

Vacaville PD does have mandatory overtime signups but reports that the assigned vehicle program mitigates a significant amount of officer frustration and fatigue.

- Kensington PD has 8 of 9 sworn positions filled, with multiple candidates currently in the background for the position. They have no mandatory overtime and rarely need to force a patrol officer to work past their assigned shift.

- Dixon PD has 26 of 29 sworn positions filled. They have no mandatory overtime and rarely need to force a patrol officer to work past their assigned shift.

- Benicia PD has 29 of 33 sworn positions filled.

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implemented AVPs)

Feedback from officers at the Richmond Police Department has shown that an AVP would help tremendously with officer retention. From 2019 – 2023, 33 officers have resigned from 1570

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Richmond PD and left for other agencies. These resignations have led to a staffing crisis necessitating the eliminated of an entire patrol team, our Traffic Unit, Narcotics, Parole and Gang Units, Bravo Unit, and Regulatory Unit. The remaining investigative units have also endured staffing cuts.

Vehicle Longevity
In addition to the hiring and retention benefits, AVPs have a significant impact on the longevity of a police vehicle. The evidence overwhelmingly indicates that an Assigned Vehicle Program is more cost-effective than a Pool Car system. Research shows that total engine hours can accurately tell vehicle longevity and repair needs more than mileage. Pool cars operate up to 24 hours a day. Having a vehicle assigned to an individual officer dramatically reduces the engine hours on the car. Research shows that one hour of engine idle equals 30 to 60 miles of driving. Pool cars are typically passed off between officers at the beginning and end of their shifts. When a vehicle constantly runs, it cannot cool off, leading to expensive maintenance, longevity, and warranty issues.

Nationwide Wide Case Studies:

Numerous studies conducted on Assigned Vehicle Programs throughout the country show that vehicle longevity is significantly improved. This is due to assigned vehicles running approximately one-half to one-third less than a pool car and individual driver accountability.

Pima County Sheriffs, Arizona
Pool Car: 1.7 years
Assigned Vehicle: 7 years

Hampton PD, Virginia
Pool Car: 3 years
Assigned Vehicle: 8 years

Arlington PD, Texas
Pool Car: 3 years
Assigned Vehicle: 6 years

Manatee County Sheriff’s Department, Florida
Pool Car: 1.8 years
Assigned Vehicle: 5 years

St. Petersburg PD, Florida
Pool Car: 1.8 years
Assigned Vehicle: 5 years

Tacoma PD, Washington
Pool Car: 2 years
Assigned Vehicle: 7 years
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The Montgomery County Study
Pool Car: 2- 3 years
Assigned Vehicle: 5-7 years

The average patrol vehicle costs $70,000. A pool car at Richmond PD would be replaced on average three times for every one time a car in the Assigned Vehicle Program would need to be replaced. This would be a tremendous cost savings (not adjusted for inflation) for just one vehicle in an Assigned Vehicle Program.

Operating Costs
A study with the Tacoma, WA, Police Department showed that operating costs per mile were 30% lower for assigned vehicles versus pool cars. Officers take more ownership of their assigned vehicles. They are more likely to report minor mechanical issues, avoid costly repairs, and comply with scheduled maintenance. Officers drive their assigned vehicles less aggressively, saving on wear and tear and fuel costs.

The State of Massachusetts Study showed that agencies with an Assigned Vehicle Program revealed that officers take better care of assigned vehicles. Minor issues go unreported when officers utilize pool cars, fresh damage can be overlooked, and vehicles often get dirty. A Pima County Sheriff’s Study showed that assigned vehicles had decreased maintenance costs due to increased driver accountability.

City of St. Petersburg, Florida
Pool Car: 0.49 cent/mile
Assigned Vehicle: 0.40 cent/mile
Total savings: $7,650 per vehicle over life expectancy or 8% cost reduction.

Galloway Township Police Department, New Jersey
The Fleet manager projected operating costs to nearly double from $130,000 to $228,000 if forced to transition from the Assigned Vehicle Program to the Pool Car Program.

Daytona Beach Police Department, Florida
They reported 40% reduced maintenance costs with the Assigned Vehicle Program.

Tacoma Police Department, Washington
Operating costs were reduced by 33.86% by utilizing an Assigned Vehicle Program.

Visalia Police Department, California
The personalized patrol vehicle program has saved 31% in operating costs compared to traditional patrol vehicle programs.

United States Department of Justice Study
Operating costs for a large city department with an Assigned Vehicle Program would drop 30% over a Pool Car Program.

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RICHMOND POLICE DEPARTMENT FLEET:

We will have ample vehicles to support an Assigned Vehicle Program. The first year of an Assigned Vehicle Program is typically the most expensive due to departments needing to stockpile enough vehicles. Fortunately, and unfortunately, due to our limited staff, we currently have sufficient vehicles to launch a sustainable Assigned Vehicle Program at this time.

Current Maintenance Costs:

This includes oil changes, tires, and preventative maintenance. Oil changes are performed every 3,000 miles, and patrol vehicle tires are replaced every six to eight months.

Maintenance Cost:

The current expense of maintaining the Richmond Police Department pool of vehicles is $2,078 per vehicle annually. This cost is based on an average vehicle driven approximately 11,387 miles annually.

The proposed expense to maintain the Richmond Police Department AVP is $3,457 per vehicle annually. This cost is based on an average vehicle driven approximately 18,944 miles annually.
.

The AVP accounts for a cost difference of $75,845 per year.

Fuel Cost:

The current fuel expense for the Richmond Police Department's pool of vehicles is approximately $1,807 per vehicle annually. This cost is predicted based on an average vehicle driven approximately 11,387 miles annually with a fuel efficiency rate of 23 miles per gallon.

The fuel expense for the proposed AVP is approximately $3,006 per vehicle annually. This cost is predicted based on an average vehicle driven approximately 18,944 miles annually with a fuel efficiency rate of 23 miles per gallon.

The AVP accounts for a cost difference of $65,945 per year.

The annual added expense to operate the AVP (fuel/maintenance) is $141,790.

Policy and Oversight
The Police Department Administration recognizes potential risks associated with implementing an AVP; therefore, strict policy development and enforcement are crucial to the program's success. RPD policy dictates that city-owned vehicles are only used for work-related purposes, not personal errands or transportation. Assigned vehicles may be used for travel related to a work assignment as follows:
(a) Sworn employees living within 60 miles of Richmond city limits can take an assigned vehicle home.
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(b) Exceptions to the 60-mile rule may be made with the approval of the Chief of Police under specific circumstances.
(c) Probationary employees are not eligible to participate in the Assigned Vehicle Program.
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(d) Those employees eligible to take their cars home based on the above criteria shall provide off-street parking for the police vehicle. The address where the vehicle will be parked when not used shall be current on the Assigned Vehicle Agreement form.
(e) Employees who live more than 60 miles away may park it in the secured lot of a local police or fire department within the 60-mile radius. The address must be provided and current on the Assigned Vehicle Agreement form. Written proof of permission from that agency may be required.

All rules of the road shall be obeyed unless exigent circumstances warrant an emergency response. Current RPD Policy shall be adhered to in these circumstances.

When driving an assigned vehicle to and from work outside of the jurisdiction of the Richmond Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or severe property damage exists. Officers may render public assistance when prudent (e.g., to a stranded motorist).

FISCAL IMPACT:

Evidence from existing Assigned Vehicle Programs throughout California and the United States overwhelmingly indicates that they are more cost-effective than a Pool Car system. The majority of the expenses of an Assigned Vehicle Program are upfront. The benefit for Richmond PD is that we currently have sufficient vehicles to implement the costliest part of the program. The cost of the Assigned Vehicle Program is significantly reduced every year as the vehicle cost is amortized.

The annual estimated fuel and maintenance increase for vehicles under the Assigned Vehicle Program is $141,790. This cost does not consider the expected increase in vehicle longevity, decreases in serious collisions, and recruiting and retention benefits, as seen by other agencies with Assigned Vehicle Programs.

RECOMMENDATION:

Richmond Police Department Administration recommends implementing an Assigned Vehicle Program at the Richmond Police Department.

Evidence from established Assigned Vehicle Programs around the country overwhelmingly shows the financial benefit that the program brings to their local organizations. The quantifiable advantages include a dramatic increase in vehicle longevity, reduced operating costs, and increased work efficiency. The less measurable benefits are perhaps even more significant.

Departments with Assigned Vehicle Programs report increased officer morale and job satisfaction. Their Assigned Vehicle Programs have been vital in recruiting and retaining personnel.

The Richmond Police Department is slowly recovering from one of our most critical staffing shortages. Implementing a well-managed Assigned Vehicle Program will aid our efforts to improve the working conditions for our officers. With our current staffing Formatted: Font: 12 pt, (Intl) Arial
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September 19, 2023

shortages and resulting lack of specialty assignments and promotional opportunities, we are no longer one of the most competitive agencies to work for. An Assigned Vehicle Program will boost our
1576

September 19, 2023

standing among other local agencies in our recruiting effort and placing us in the top tier of desired Bay Area agencies for which to work.

DOCUMENTS ATTACHED:

Attachment 1 – RPD Assigned Vehicle Program Policy
Attachment 2 – RPD Assigned Vehicle Program Employee Agreement Attachment 3 – RPD City Vehicle Use Policy
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Richmond Police Department
Richmond PD CA Policy Manual

Vehicle Use
703.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a system of accountability to ensure department vehicles are used appropriately. This policy provides guidelines for on- and off-duty use of department vehicles and shall not be construed to create or imply any contractual obligation by the City of Richmond to provide assigned take-home vehicles.

703.2 POLICY
The Richmond Police Department provides vehicles for department -related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Department, requirements for tactical deployments, and other considerations.

703.2.1 SHIFT ASSIGNED VEHICLES
Personnel assigned to routine scheduled field duties shall sign out their vehicle in the Patrol vehicle log at the start of his/her shift. Personnel shall then notify Communications Center and log onto their Mobile Data Computer (MDC) when going on duty. If the employee exchanges vehicles during the shift, the new vehicle number shall be called in and entered into the computer. At the conclusion of each shift, personnel shall sign in their vehicle i n the aforementioned Patrol vehicle log.

The Watch Commander shall ensure a copy of the Daily Attendance roster indicating member assignments and vehicle numbers is completed for each shift and retained in accordance with the established records retention schedule. If a member exchanges vehicles during his/her shift, the new vehicle number shall be documented on the roster.

Employees shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shift. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.

In addition, when logging on and off with the Communications Center, personnel shall be required to give the dispatcher the mileage for the assigned vehicle. The dispatcher receiving the log on/ off mileage shall enter this information into the computer-aided dispatch system.

703.2.2 UNSCHEDULED USE OF VEHICLES
Personnel utilizing a vehicle for any purpose other than their normally assigned duties shall notify the Watch Commander of the reasons for use. A notation will be made on the Daily Attendance indicating the operator's name and the vehicle number. This does not apply to personnel permanently assigned an individual vehicle (e.g., command staff, detectives), or to Property and Evidence Section personnel assigned transportation duties to and from the maintenance yard, etc.

Property and Evidence Section personnel shall be responsible for maintaining records of the property transportation vehicles.

Policy
703
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703.2.3 UNMARKED VEHICLES
Unmarked units, if not assigned to an individual employee, shall not be used without first obtaining approval from the respective unit supervisor.

703.2.4 AUTHORIZED PASSENGERS
Personnel operating department -owned vehicles shall not permit persons other than City employees or persons required to be conveyed in the performance of their duties, or as otherwise authorized to ride, to be a passenger in their vehicle; unless prior permission from a super visor has been obtained.

703.2.5 PARKING
Except when responding to an emergency or when urgent department-related business requires otherwise, members driving department vehicles should obey all parking regulations at all times.

City-owned vehicles should be parked in their assigned stalls. Employees shall not park privately owned vehicles in any stall assigned to a City-owned vehicle or in other areas of the parking lot not designated as a parking space unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. Department members' personal vehicles shall not be parked in front of the Police Station.

703.2.6 INSPECTIONS
Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before tak ing the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate.

The interior of any vehicle that has been used to transport any person other than a member of this department should be inspected prior to placing another person in the vehicle and again after the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle.
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When transporting any suspect, prisoner, or arrestee, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported.

All department vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents.

703.2.7 OTHER USE OF VEHICLES
Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Watch Commander. A notation will be made on the Daily Attendance roster indicating the member's name and vehicle number.

This subsection does not apply to those who are assigned to vehicle transportation duties to and from the maintenance yard or carwash.

703.2.8 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle.

Members shall ensure all weapons are secured while the vehicle is unattended.

703.2.9 MDC
Members assigned to vehicles equipped with a Mobile Digital Computer (MDC) shall log onto the MDC with the required information when going on duty. If the vehicle is not equipped with a working MDC, the member shall notify Communications Center. Use of the MDC is governed by the Mobile Digital Computer Use policy.

703.2.10 VEHICLE LOCATION SYSTEM
Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle's location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status.

Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available.

System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require Division Commander approval. 1580
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All data captured by the system shall be retained in accordance with the established records retention schedule.

703.2.11 KEYS
Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. The loss of a key shall be promptly reported in writing through the member's chain of command.

703.2.12 ALCOHOL
Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of the assignment, members may not violate state law regarding vehicle operation while intoxicated.

703.2.13 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions, or removal of any equipment or accessories without written permission from the Fleet manager.

703.2.14 PROFESSIONAL STAFF MEMBER USE
Professional Staff members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Professional Staff members shall prominently display the "out of service" placards or light bar covers at all times. Professional Staff members shall not operate the emergency lights or sirens of any vehicle unless expressly authorized by a supervisor.

703.3 MAINTENANCE
Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department.

Failure to adhere to these requirements may result in discipline and loss of vehicle assignment.

The following should be performed as outlined below:
(a) Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage.
(b) It is the member's responsibility to ensure that the assigned vehicle is maintained according to the established service and maintenance schedule. (c) All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d) The Department shall be notified of problems with the vehicle and approve any major repairs before they are performed.
(e) When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f) All weapons shall be removed from any vehicle left for maintenance. (g) Supervisors shall make, at a minimum, bi - monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy.
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703.4 ATTIRE AND APPEARANCE
When operating any department vehicle while off -duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the Department. 1582

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ASSIGNED VEHICLE AGREEMENT

I understand that par�cipa�on in the Assigned Vehicle Program is a privilege and is not to be considered an automa�c benefit or right. This privilege can be revoked or amended at any �me the Department deems necessary.

I also understand that I am to adhere to the following regula�ons of the program, effec�ve [_____________].

1. Only sworn employees will be allowed to take an assigned vehicle home.

2. Sworn employees shall be permited to drive their assigned vehicle home so long as they reside within a 60-mile driving distance from Richmond city limits, unless otherwise approved by the Chief of Police. Off street parking shall be provided for all take home vehicles.

3. The employee agrees to maintain their assigned vehicle on an ac�ve Fastrak Account (verifica�on atached), regardless if they plan to u�lize a toll lane. Failure to do so may result in loss of Assigned Vehicle Program privileges.

4. The City agrees to meet and confer with the RPOA and RPMA upon request should the City propose to eliminate the Assigned Vehicle Program.

Please fill out the below informa�on completely.

I live within 60 miles of Richmond and choose to park the vehicle at my residence.

Address where parked off duty:

I do not live within 60 miles of Richmond, but I request authoriza�on from the Chief of Police to take my vehicle home.

Address where parked off duty: ___________________________________________________

Chief’s signature: ______________________

When driving my assigned vehicle to and from work outside the city limits of Richmond, I understand that I shall not become involved in enforcement ac�ons except in those circumstances where a poten�al threat to life or serious property damage exists. I understand that I shall not use my assigned patrol vehicle for personal business, such as errands, secondary employment, or transport of persons other than City employees without supervisor approval. I also understand that I am expected to familiarize myself with the policies and procedures adopted by the Department concerning the care, maintenance, and use of the assigned patrol vehicle, and to abide by these policies and procedures.

Printed Name/ Serial #

Signature

Date Assigned Unit # Mileage

1583
Public Works
November 2023
Abatement Update
December 19, 2023
1584
NEIGHBORHOOD CLEAN-UPS (1)

1. Belding Woods Neighborhood Council Area
1585
NEIGHBORHOOD CLEAN-UPS (1)
20 Seniors and people with disabilities assisted
8 Debris dumpsters removed

30.76 Tons of debris collected
1586

ILLEGAL DUMPING
261.62 Tons removed
1587

ILLEGAL DUMPING
1,138 Locations
1588
ILLEGAL DUMPING: MATTRESSES, TIRES AND PAINT/OIL
234 Mattresses 210 Tires 112 Gallons of Paint/Oil 1589
ENCAMPMENT ABATEMENT (9)

23.89 Tons removed
1590
JanFebMarAprMayJunJulAugSepOctNovTonnage Collected
249.87169.66210.78224.86185.09242.03213.87238.18207.01317.6261.62Illegal Dumping 011.1172.0751.8460.0962.53489.1783.8353.7930.76Neighborhood Clean-Ups*

21.0826.5413.1853.468.678.5410.664.434.9517.7623.89Encampments 270.95207.31296.03330.16253.85313.07258.53331.7295.79389.15316.27Totals 01333434321*Number of Events
1591

WEED ABATEMENT
1592

GRAFFITI REMOVAL
222 Tags Removed
122 Locations
1593

ABATEMENT STAFF HOURS
Illegal Dumping 2,210
Encampment Removal 84
Graffiti Abatement 160
North Richmond Mitigation 58
Weed/Litter Abatement 64
Private Board Ups & Clean-Ups 0
Transport/Misc.* 144
Total 2,720
October Hours
Illegal Dumping Encampment Removal
Graffiti Abatement North Richmond Mitigation
Weed/Litter Abatement Transport/Misc*
Board Ups/Clean Ups
Transport/Misc. includes staff hours for removal of debris from vehicles, Point Molate trash removal, and hazardous waste facility disposal.
1594
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2023
0 50
100
150
200
250
300
350
1595
ILLEGAL DUMPING TOTAL COST PER MONTH – 2023*
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
January February March April May June Ju ly August September October November *Includes Labor and Equipment
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PARTNERSHIPS
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December 19, 2023

Public Works

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo PE, Deputy Director of Public Works/City
Engineer
Ken Cheng PE, Senior Civil Engineer
Subject:

Accept and appropriate CTC State Transportation
Improvement Program (STIP) fund and award Right-of-
Way Acquisition and Appraisal Professional Services
contract for the Interstate 80 (I-80)/Central Avenue
Interchange Improvements Phase II Project STPL-5137
FINANCIAL IMPACT: Staff is recommending appropriation of $4,500,000 for the Right-of-Way Acquisition Phase of the Project from
the California Transportation Commission (CTC) grant
award of $6,373,000. Grant Fund 1054, account string:
105436431-400733-29110.

PREVIOUS COUNCIL
ACTION:

On September 12, 2017, a resolution of the Richmond
City Council provided local support authorizing the filing of an application for funding assigned to Metropolitan
Transportation Commission and committing any
necessary matching funds and stating assurance to
complete the Central Avenue at Interstate 80 (I-80) Local Road Improvement Project.

On January 24, 2023, a resolution of the Richmond City
Council approved the Central Avenue at Interstate 80 (I- 80) Local Road Improvement Project initial study and
mitigated negative declaration and associated Mitigation Monitoring and Reporting Plan (MMRP) and authorizing
the City Manager to execute a first amendment to Real
Property Services Agreement with the County of Contra
Costa for Real Property Right of Way Services for the
Central Avenue at I-80 Local Road Improvement Project
AGENDA
REPORT
1599

December 19, 2023
to increase the agreement in an amount of $1,000,000
for a total amount of $1,050,000.

STATEMENT OF THE
ISSUE:

City staff is recommending that City Council accept and appropriate the CTC State Transportation Improvement
Program (STIP) fund of $4,500,000 and award the Right-
of-Way Acquisition and Appraisal Professional Services
contract to Monument ROW Services for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase
II Project STPL-5137(50) in an amount not to exceed
$601,050.49, which includes the total cost proposal and optional services, and authorize the Director of Public Works to approve change orders, if necessary, for up to the total of twenty-percent (20%) contingency amount of $100,175.08. The funds will be used for consultant
services and right of way acquisition.

RECOMMENDED ACTION:

ADOPT a resolution to (1) ACCEPT and APPROPRIATE
the California Transportation Commission (CTC) State
Transportation Improvement Program (STIP) Fund of
$4,500,000 for Interstate 80 (I-80)/Central Avenue
Interchange Improvements Phase II Project STPL-5137
for the right of way phase; and (2) AUTHORIZE the City
Manager or their designee to execute a contract with
Monument ROW Services in an amount not to exceed
$601,050.49, which includes a contract amount of
$500,875.41 plus twenty-percent contingency in the
amount up to $100,175.08, from December 19, 2023,
through June 30, 2026, for right of way acquisition and appraisal services for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project
STPL-5137(50) – Public Works Department (Daniel
Chavarria/Ken Cheng 510-621-1612).

DISCUSSION:

Background

The Contra Costa Transportation Authority (CCTA) and the cities of Richmond and El Cerrito have recognized traffic congestion and poor traffic operations are experienced along Central Avenue between San Pablo Avenue and Jacuzzi Street. The key contributors have been identified as poorly spaced intersections in the vicinity of the Interstate 80 (I-80)/Central Avenue interchange in addition to heavy left turn volumes and insufficient traffic queue storage. In response to a local community-initiated project development process to evaluate this Project area and traffic issues, the CCTA led a feasibility study prepared by Parsons Brinkerhoff, dated July 2009 (PB 2009). 1600

December 19, 2023
Based on the feasibility study, CCTA proceeded with the design of two phases. The first phase (Phase 1) of the Project, titled Interstate 80/Central Avenue Interchange Improvements Project (#7003), redirected left turns from Westbound Central Avenue onto I-80 westbound to the adjacent Interstate 580 (I-580) eastbound ramp at Rydin Road during weekend peak hours and installed traffic signals at the I-580 ramps which was completed in 2018. The second phase is described in more detail below.

Project Description

Located just east of the I-80/Central Avenue Interchange in the cities of Richmond and El Cerrito, the Project limits start at the intersection of Central Avenue and San Luis Street/Pierce Street (including an approximately 30-foot-long segment north along San Luis Street) and extend along Central Avenue approximately 230 feet past the Central Avenue/San Mateo Street intersection (including an approximately 30-foot-long segment north along San Mateo Street). The Project limits extend south from the intersection of Central Avenue and San Mateo Street approximately 425 feet.

Continuing from the current southern terminus of San Mateo Street, the Project limits extend approximately 320 feet to the west, through a residential parcel and a commercial parking lot and form a new intersection at Pierce Street. Lastly, the Project limits extend approximately 150 feet south from the newly created intersection at San Mateo Street and Pierce Street to and approximately 450 feet from the same intersection to the Pierce Street/Central Avenue intersection.

The Project has been designed by the City of Richmond (City) to improve traffic operations and increase spacing between signalized intersections east of I-80 on Central Avenue. The Project objectives would be accomplished primarily by relocating traffic signals from Pierce Street at Central Avenue to San Mateo Street at Central Avenue; converting Pierce Street at Central Avenue to "right in, right out" access; and extending San Mateo Street to connect with Pierce Street.

Project Schedule

As the project schedule shown below, the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) Environmental (Environmental Studies and Permits – E&P, Project Approval & Environmental Document – PA&ED) phase has been completed and approved. Currently, the project is in the 65% Design PS&E (Plan, Specifications and Estimate) phase and in conjunction with Pacific Gas & Electric (PG&E) coordination for the Rule 20A Underground construction for this project.

Simultaneously, Right of Way acquisition is a crucial aspect to the project before finalizing the plans which has commenced in the process of selecting the right of way consultant services. The Design (PS&E) and Right of Way phase is scheduled to be completed by June 30, 2025. Construction will be anticipated to begin on June 1, 2025, and end on June 30, 2027. Project close out will begin on July 1, 2027, and end on July 1, 2028.

1601

December 19, 2023
Phases Begin End
Environmental
(E&P, PA&ED)
2017 February 28,
2023
Design (PS&E)
WE ARE HERE (65%)
2021 June 30, 2025
Right of Way

WE ARE HERE
April 1, 2025 June 30, 2025
Construction Anticipated
June 1, 2025
Anticipated
June 30, 2027
Closeout Anticipated July
1, 2027
Anticipated July
1, 2028

Solution

Phase 2 will increase the spacing between the signalized intersections east of I-80 by connecting Pierce Street and San Mateo Street, converting Pierce Street access at Central Avenue to “right-in, right-out,” and relocating the traffic signal at Pierce Street/Central Avenue to the San Mateo Street/Central Avenue intersection. In general, the Project limits are from east of I-80 Caltrans right-of-way along Central Avenue from the intersection with San Luis/Pierce Streets to the intersection with San Mateo Street and also include San Mateo Street and a new connection to Pierce Street through two commercial private properties.

Project elements include new and removed signals, street resurfacing/reconstruction, widened turn pocket, street parking reconfiguration, striping, signage, undergrounding/relocation of power/telecom poles as needed with local funds, underground utility adjustments, storm drain reconfiguration, relocation of bus stops with possible bus shelter, parking lot reconfiguration, the addition of a Class III bike route, landscaping and bioretention, new and replacement street lighting, and sidewalk, curb ramp, driveway apron, and curb and gutter improvements. The project will require 10 acquisitions and 17 easements.

This I-80/Central Avenue Interchange Phase 2 project is a large and complex project that requires real property right-of-way services assistance through all the phases of the project development process which includes administration, appraisal support, negotiations/acquisition, condemnation support, appraisal consultant, and other Agency coordination. On January 24, 2023 the Richmond City Council adopted a resolution approving the Central Avenue at Interstate 80 (I-80) Local Road Improvement Project initial study and mitigated negative declaration and associated Mitigation Monitoring and Reporting Plan (MMRP) and authorizing the City Manager to execute a first amendment to Real Property Services Agreement with the County of Contra Costa for Real Property Right of Way Services for the Central Avenue at I-80 Local Road Improvement Project to increase the agreement in an amount of $1,000,000 for a total amount of $1,050,000.

Due to the recent turnovers at the County of Contra Costa (CCC) for Real Property Right of Way (ROW) Department, the CCC Real Property ROW Department has withdrawn from the contract agreement and will no longer be providing professional 1602

December 19, 2023
right of way acquisition and appraisal for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase 2 Project STPL-5137(50).

Financial Impact

The total project budget is $13,684,000 and consists of a combination of fundings sources: $2,700,000 in Measure J Funds, $6,373,000 in California Transportation Commission (CTC) State Transportation Improvement Program (STIP) Fund, $1,8110,000 in West Contra Costa Transportation Advisory Committee Local Transportation Funds, and $2,800,000 om Metropolitan Transportation Commission Commitment Funds.

Recommendation

The City advertised the project for request for proposals in conformance with Caltrans Local Assistance Procedure Manual (LAPM) Chapter 10 on October 6, 2023 and proposals were opened on November 16, 2023. The City received three (3) proposals.

The proposals went through review with four (4) review panelists and determined that Monument ROW services were most qualified to take on the project task.

City staff is recommending City Council to accept and appropriate the CTC State Transportation Improvement Program (STIP) fund amount of $4,500,000 and award a Right-of-Way Acquisition and Appraisal Professional Services contract to Monument ROW Services in an amount not to exceed $601,050.49, which includes a contract amount of $500,875.41 plus twenty-percent contingency in the amount up to $100,175.08 for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137(50), and authorize the Director of Public Works to approve change orders, if necessary, up to the contingency amount. The funds will be used for consultant services and purchase of parcels.

Environmental

CEQA and NEPA environmental documents have been completed and approved.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Caltrans Project Programming Request (PPR) Attachment 3 - Bid Documents

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Reso. No. xx-23

RESOLUTION NO. xx-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, ACCEPTING AND APROPRIATING CTC STATE

TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FUNDS IN AN AMOUNT OF $4,500,000 AND AUTHORIZING THE AWARD OF A CONTRACT FOR RIGHT OF

WAY ACQUISITION AND APPRAISAL SERVICES TO MONUMENT ROW FOR THE INTERSTATE 80 (I-80)/CENTRAL AVENUE INTERCHANGE IMPROVEMENTS PHASE II PROJECT STPL-5137

WHEREAS, on September 12, 2017, a resolution of the Council of the City of Richmond, California of local support authorizing the filing of an application for funding assigned to Metropolitan Transportation Commission and committing any necessary matching funds and stating assurance to complete the Central Avenue at Interstate 80 (I-80) Local Road Improvement Project.; and

WHEREAS, the total project budget is $13,684,000 consists of a combination of fundings sources: $2,700,000 Measure J Funds, $6,373,000 California Transportation Commission (CTC) State Transportation Improvement Program (STIP) Fund, $1,8110,000 West Contra Costa Transportation Advisory Committee Local Transportation Funds and $2,800,000 Metropolitan Transportation Commission Commitment fund; and

WHEREAS, $4,500,000 of the total amount of $6,373,000 California Transportation Commission (CTC) State Transportation Improvement Program (STIP) Fund has been programmed for the Right of Way Phase for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137; and

WHEREAS, on January 24, 2023, a resolution of the City Council of the City of Richmond approving the Central Avenue at Interstate 80 (I-80) Local Road Improvement Project initial study and mitigated negative declaration and associated Mitigation Monitoring and Reporting Plan (MMRP) and authorizing the City Manager to Execute a first amendment to Real Property Services Agreement with the County of Contra Costa for Real Property Right of Way Services for the Central Avenue at I-80 Local Road Improvement Project to increase the agreement in an amount of $1,000,000 for a total amount of $1,050,000.; and

WHEREAS, the County of Contra Costa for Real Property Right of Way Services will no longer provide right of way services to City of Richmond’s project, Central Avenue at Interstate 80 (I-80) Local Road Improvement Project due to staff issues; and

WHEREAS, an invitation for bids was duly advertised with accordance of Caltrans Local Assistance Procedure Manual (LAPM) Chapter 10 on October 06, 2023, bids were opened on November 16, 2023; and

WHEREAS, the bid was responsive and the bidder is responsible having performed similar work; and

WHEREAS, the Public Works staff is recommending that the City Council accept and appropriate the California Transportation Commission (CTC) State Transportation Improvement Program (STIP) Fund in the amount of $4,500,000 for Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137 for the right of way phase; and

WHEREAS, the Public Works staff is recommending that the City Council award the Right-of-Way Acquisition and Appraisal Professional Services contract to Monument ROW in an amount not to exceed $601,050.49 which includes a contract amount of $500,875.41 plus twenty-percent contingency in the amount up to $100,175.08 for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137(50) and Authorize the Director of Public Works to approve change orders, if necessary, for up to the total of twenty percent contingency amount of $100,175.08; and

1604
Reso. No. xx-23

WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.

BE IT FURTHER RESOLVED that the City Council hereby accepts and appropriates the California Transportation Commission (CTC) State Transportation Improvement Program (STIP) Fund in the amount of $4,500,000 for Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137(50) for the right of way phase.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the award of a right of way acquisition and appraisal service contract to Monument ROW as the most qualified and responsible bidder for Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137(50) in an amount not-to-exceed $601,050.49, which includes a contract amount of $500,875.41 plus twenty-percent contingency in the amount up to $100,175.08 and authorize the Director of Public Works to approve change orders, if necessary, for up to the total of twenty percent contingency amount of $100,175.08.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, or their designee, to execute and make amendments to the professional contract as needed to facilitate the completion of the Project.

BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.

*************************

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held December 19, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

1605
Reso. No. xx-23

City Attorney
1606
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
Amendment (Existing Project) YES NO 10/26/2023 15:28:41Date Programs LPP-C LPP-F TCEPSCCP STIP Other
04 District EA
0418000420
Project ID
2025H
PPNO
Contra Costa Transportation Authority
Nominating Agency
Co-Nominating Agency
MTC
MPO
Local Assistance
Element
Josef Munoz
Project Manager/Contact
510-620-6671
Phone
[email protected]
Email Address
I-80/Central Avenue - Phase 2 (Local Road Realignment)
Project Title
County Route PM Back PM Ahead
Contra Costa County
In Richmond/El Cerrito, On Central Avenue from east of I-80 to San Mateo Street, On San Mateo Street from Central Avenue to Pierce Street, On Pierce Street from Central Avenue to San Mateo Avenue, and the extension of San Mateo Street to Pierce Street. Realign and reconfigure roadways.

Location (Project Limits), Description (Scope of Work)
Component Implementing Agency
City of RichmondPA&ED
City of RichmondPS&E
City of RichmondRight of Way
City of RichmondConstruction
Legislative Districts
14Assembly: 9Senate: 8Congressional:

Project Milestone Existing Proposed
Project Study Report Approved
Begin Environmental (PA&ED) Phase 01/01/2017 01/01/2017 (ND/MND)/CECirculate Draft Environmental Document Document Type 11/01/2018 11/01/2018 Draft Project Report 12/31/2018 12/31/2018
End Environmental Phase (PA&ED Milestone) 07/31/2020 07/31/2020 Begin Design (PS&E) Phase 02/03/2020 02/03/2020
End Design Phase (Ready to List for Advertisement Milestone) 02/01/2021 02/01/2021 Begin Right of Way Phase 08/02/2020 08/02/2020
End Right of Way Phase (Right of Way Certification Milestone) 08/01/2022 08/01/2022 Begin Construction Phase (Contract Award Milestone) 08/02/2022 08/02/2022 End Construction Phase (Construction Contract Acceptance Milestone) 08/01/2024 08/01/2024 Begin Closeout Phase 08/02/2024 08/02/2024
End Closeout Phase (Closeout Report) 08/01/2025 08/01/2025 11/25/2022
02/28/2023
02/28/2023
10/01/2021
04/01/2025
04/01/2023
04/01/2025
06/01/2025
06/01/2025
07/01/2027
07/01/2028
1607
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
10/26/2023 15:28:41Date
CCTA and the Cities of Richmond and El Cerrito have recognized traffic congestion and poor traffic operations are experienced along Central Avenue between San Pablo Avenue and Jacuzzi Street. The key contributors have been identified as poorly spaced intersections in the vicinity of Interstate 80 (I-80)/Central Avenue interchange in addition to heavy left turn volumes and insufficient traffic queue storage.

Purpose and Need
NHS Improvements YES NO NARoadway Class Reversible Lane Analysis YES NO Inc. Sustainable Communities Strategy Goals YES NO Reduce Greenhouse Gas Emissions YES NO Project Outputs
Category Outputs Unit Total
Local streets and roads Turn pockets constructed EA 3
Local streets and roads Intersections modified EA 3
Local streets and roads Local road operational improvements EA 3 1608
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
10/26/2023 15:28:41Date
Additional Information
1609
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
Performance Indicators and Measures
Measure Required For Indicator/Measure Unit Build Future No Build Change Congestion
Reduction TCEP Change in Daily Vehicle Hours of Delay Hours 288 427 -139 Velocity
(Freight) TCEP Travel Time or Total Cargo Transport
Time Hours 0.072 0.123 -0.051
Optional Average Peak Period Weekday Speed
for Road Facility Miles per Hour 10.2 5.9 4.3
1610
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
04 District EA
0418000420
Project ID
2025H
PPNO
Contra Costa County
County Route
I-80/Central Avenue - Phase 2 (Local Road Realignment)
Project Title
Existing Total Project Cost ($1,000s)
Component Prior 24-25 25-26 26-27 27-28 28-29 29-30+ Total Implementing Agency E&P (PA&ED) 500 500 City of Richmond
PS&E 2,000 2,000 City of Richmond
R/W SUP (CT) City of Richmond
CON SUP (CT) City of Richmond
R/W 5,100 5,100 City of Richmond
CON 5,573 5,573 City of Richmond
TOTAL 13,173 13,173
Proposed Total Project Cost ($1,000s) Notes
E&P (PA&ED) 500 500
PS&E 2,000 2,000

R/W SUP (CT)

CON SUP (CT)
R/W 5,600 5,600
CON 5,573 5,573
TOTAL 8,100 5,573 13,673
Fund #1: RIP - National Hwy System (Committed)

20.30.600.620
Program Code
Existing Funding ($1,000s)
Component Prior 24-25 25-26 26-27 27-28 28-29 29-30+ Total

E&P (PA&ED)
PS&E

R/W SUP (CT)

CON SUP (CT)
R/W 4,500 4,500
CON 1,873 1,873
TOTAL 6,373 6,373
Metropolitan Transportation Commiss
Funding Agency
$4500 RW voted 03/22/23
NotesProposed Funding ($1,000s)

E&P (PA&ED)
PS&E

R/W SUP (CT)

CON SUP (CT)
R/W 4,500 4,500
CON 1,873 1,873
TOTAL 4,500 1,873 6,373
1611
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
Fund #2: Local Funds - Measure J (Committed)

20.10.400.100
Program Code
Existing Funding ($1,000s)
Component Prior 24-25 25-26 26-27 27-28 28-29 29-30+ Total E&P (PA&ED) 500 500
PS&E 2,000 2,000

R/W SUP (CT)

CON SUP (CT)
R/W 600 600
CON 200 200
TOTAL 3,300 3,300
Contra Costa Transportation Authorit
Funding Agency
NotesProposed Funding ($1,000s)
E&P (PA&ED) 500 500
PS&E 2,000 2,000

R/W SUP (CT)

CON SUP (CT)
R/W
CON 200 200
TOTAL 2,500 200 2,700
Fund #3: Local Funds - Local Transportation Funds (Committed)

20.10.400.100
Program Code
Existing Funding ($1,000s)
Component Prior 24-25 25-26 26-27 27-28 28-29 29-30+ Total

E&P (PA&ED)
PS&E

R/W SUP (CT)

CON SUP (CT)
R/W
CON 700 700
TOTAL 700 700
West Contra Costa Transportation Ad
Funding Agency
NotesProposed Funding ($1,000s)

E&P (PA&ED)
PS&E

R/W SUP (CT)

CON SUP (CT)
R/W 1,100 1,100
CON 700 700
TOTAL 1,100 700 1,800
1612
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
Fund #4: RSTP - STP Local (Committed)

20.30.010.810
Program Code
Existing Funding ($1,000s)
Component Prior 24-25 25-26 26-27 27-28 28-29 29-30+ Total

E&P (PA&ED)
PS&E

R/W SUP (CT)

CON SUP (CT)
R/W
CON 2,800 2,800
TOTAL 2,800 2,800
Funding Agency
NotesProposed Funding ($1,000s)

E&P (PA&ED)
PS&E

R/W SUP (CT)

CON SUP (CT)
R/W
CON 2,800 2,800
TOTAL 2,800 2,800
1613
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

PROJECT PROGRAMMING REQUEST (PPR)
PRG-0010 (REV 08/2020)
ePPR-6072-2024-0001 v0
PPR ID
10/26/2023 15:28:41 Complete this page for amendments only Date 04 District EA
0418000420
Project ID
2025H
PPNORoute
Contra Costa County
County
SECTION 1 - All Projects
.

Project Background
Programming Change Requested
.

Reason for Proposed Change
If proposed change will delay one or more components, clearly explain 1) reason for the delay, 2) cost increase related to the delay, and 3) how cost increase will be funded
Other Significant Information
SECTION 2 - For SB1 Project Only
.

Project Amendment Request (Please follow the individual SB1 program guidelines for specific criteria) I hereby certify that the above information is complete and accurate and all approvals have been obtained for the processing of this amendment request.

Approvals
Name (Print or Type) Signature Title Date
SECTION 3 - All Projects
Attachments
1) Concurrence from Implementing Agency and/or Regional Transportation Planning Agency 2) Project Location Map
1614

Request for Proposals
Right-of-Way Acquisition and
Appraisal Services
For The

INTERSTATE 80/CENTRAL AVENUE

INTERCHANGE IMPROVEMENTS PHASE II

Release Date: October 06, 2023

Deadline for Submittal
November 15, 2023

Contact: Ken Cheng, P.E. Senior Civil Engineer
Email: [email protected]
Phone Number: 510-621-1612

City of Richmond
Public Works – Engineering Department

1615

REQUEST FOR PROPOSALS (RFP)

FOR

INTERSTATE 80/CENTRAL AVENUE

INTERCHANGE IMPROVEMENTS PHASE II

CITY OF RICHMOND

ENGINEERING & CAPITAL IMPROVEMENT PROJECTS

DEPARTMENT

Table of Contents

1. INTRODUCTION..........................................................................................................3

2.PROJECT BACKGROUND / DESCRIPTION ...........................................................3

3.SCOPE OF SERVICES ..................................................................................................4

4.PROJECT GENERAL INFORMATION ..................................................................10

5.REQUIRED PROPOSAL CONTENT .......................................................................15

6.PROPOSAL EVALUATION .......................................................................................19 ATTACHMENTS ............................................................................................................21

ATTACHMENT A – DISADVANTAGE BUSINESS REQUIREMENTS
ATTACHMENT C– STANDARD CONTRACT
ATTACHMENT C– INSURANCE REQUIREMENTS
ATTACHMENT D – PROJECT DESCRIPTIONS AND MAP LOCATION
ATTACHMENT E - FHWA 1273 REQUIRED FEDERAL CONTRACT PROVISIONS (REVISED 5/1/2012) - REQUIRED FEDERAL LANGUAGE TO BE PHYSICALLY

INCORPORATED INTO AGREEMENT
1616

Page
3 1. INTRODUCTION

The City of Richmond (City) is requesting proposals from qualified firms to provide right- of-way acquisition and appraisal services for the second phase of the Interstate 80/Central Avenue Interchange Improvement Project. This request for proposal (RFP) describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may cause for disqualification. The anticipated term of this contract will be start in December 2023 and in June 2025 or until the right-of-way acquisition certification has been completed.

Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.

2. PROJECT BACKGROUND / DESCRIPTION
Central Avenue serves as the primary connection between the El Cerrito Plaza BART station and the Interstate 80 (I-80) and Interstate 580 (I-580) freeways. It also serves as an important east-west route between commercial areas and local neighborhoods.

The four closely spaced signalized intersections along Central Avenue between Jacuzzi Street and Pierce Street lack sufficient vehicle storage capacity, resulting in poor intersection operations and heavy congestion during peak travel times, especially on weekends.

The goal of the I-80/Central Avenue Interchange Improvements Project is to improve overall traffic operations at the I-80/Central Avenue interchange and along Central Avenue between Rydin Road and San Pablo Avenue. The project will be completed in two phases.

The first phase would redirect left turns from westbound Central Avenue onto I-80 westbound to the adjacent I-580 eastbound on-ramp at Rydin Road during weekend peak hours and would install traffic signals at the I-580 ramps (completed).

The second phase, which is led by the City of Richmond, would increase the spacing between the signalized intersections east of Interstate 80 (I-80) by connecting Pierce Street and San Mateo Street, restricting Pierce Street access at Central Avenue to “right in, right out” only, and relocating the traffic signal from the Pierce Street/Central Avenue intersection to the San Mateo Street/Central Avenue intersection. Project limits are Central Avenue from east of Interstate 80 (I-80) Caltrans Right-of-Way to the intersection with San Mateo Street, San Mateo Street from Central Avenue to the future proposed intersection with Pierce Street, Pierce Street from Central Avenue to the future proposed intersection with San Mateo Street, and a new connector street as an extension of San Mateo Street through several commercial private properties (Saigon Seafood Harbor Restaurant, Public Storage, gas stations, apartment complexes and other businesses) and a residential property, to Pierce Street exhibited in Attachment C.

This I-80/Central Avenue Interchange Phase 2 project is a large and complex project that requires real property right-of-way services assistance through all the phases of the project development process which includes Administration, Appraisal Support, Negotiations/Acquisition, Condemnation Support, Appraisal Consultant, and other 1617

Page
4 Agency Coordination.

Currently, the City has been coordinating with PG&E for years (since 2019) on the required Rule 20A undergrounding. Due to the PG&E Rule20A undergrounding program is sunsetting in 10 years, this project is being reviewed and discussion by PG&E.

The City’s initial plan of the right of way acquisition and appraisal services was to hire Contra Costa County for their expertise. Due to recent events and short staffing, Contra Costa County re-evaluated their position and decided to stepped back from the project. Now the City of Richmond is currently seeking proposals for qualified firms to provide right of way acquisition and appraisal services for the second phase of the Interstate 80/Central Avenue Interchange Improvement Project.

The Interstate 80/Central Avenue Interchange Phase 2 project is a federally funded project.

3. SCOPE OF SERVICES
All activities associated with this project shall conform with all policies and procedures outlined in the Caltrans Local Assistance Manual (LAPM)

Task 1: Project Management and Right-of-Way (ROW) Planning

1. Consultant shall manage and coordinate a kick-off meeting with City Staff within 10 days after the contract execution to discuss the project goals, scope, schedule, introduction of the project team, and request information.

2. Consultant shall manage and coordinate monthly meetings.

3. Consultant shall pr epare and periodically update a project schedule with tasks and milestones.

4. Consultant shall set monthly meetings for ongoing meetings and distribute agendas, meeting minutes, and responsibility matrix after each meeting to all project team members.

5. Manage and coordinate real estate and relocation assistance functions.

6. Provide on-going consultation and recurring project management duties.

7. Set schedules for ongoing project me etings, a nd attend meetings arranged by City or others.

8. Coordinate with City staff, design engineer, subco ntractors, and legal counsel and provide input related to right of way issues.

9. Coordinating design issues between design and ROW team.

10. Monitor and control project budget and schedule.

11. Provide regular status updates and project reporting.

12. Ensure compliance with applicable state and federal laws and regulations.

13. Coordinate with Caltrans Rig ht of Way staff regarding Caltrans procedures and oversight requirements.

14. Develop schedule for right of way activities and key deliverables.

15. Coordinate with City staf f rega rding right of way doc ument temp lates and language, City document review process and contract signatories. 1618

Page
5 16. Attend utility coordination meetings as necessary.

17. Assist with analyzing various courses of action.

18. Review project design information and right of way mapping and provide input on potential risks and recommendations.

19. Oversee maintenance of accurate records, including file records and diaries.

20. Establish steps for acquiring required right of way.

21. ROW Scoping Report

22. ROW Acquisition estimates
Task 2: Appraisal Review/Appraisal Services
Consultant will provide full narrative appraisal reports for the City that will state the estimated fair market value of the easement of fee (if any) interest for each affected property. All appraisals will meet accepted professional appraisal standards. The appraisal will conform to the Caltrans Appraisal Manual and the requirements of the Bureau of Real Estate Appraisers of the State of California (BREA). An appraisal of each property shall be completed in accordance with federal and state policy. Each property owner shall be contacted and offered the opportunity to accompany the appraiser during the inspection of the property.

1. Initiate and complete property appraisals utilizing plat maps and legal descriptions.

2. Invite the owner or a designated represent ative to acco mpany th e appraiser during the inspection of the property.

3. Issue the necessary public acquisition informational brochure to all owners.

4. Prepare appraisals in accordance with California Emi nent Domain Law; California Government Code Section 726 0 et seq.; Un iform St andards of Professional Appraisal Practice requirements, e xcept as jurisdictionally exempt; the Caltrans Right of Way Manual; and 49 CFR, Part 24.

5. Prepare appraisals in an Appraisal Report format in acco rdance with Uniform Standards of Professional Appraisal Practice, Standard Rule 2-2.

6. Utilize the definition of “Fair Market Value” as established in the California Code of Civil Procedure, Section 1263.320

7. Appraise properties in acc ordance with the Califo rnia Code of Civil Procedure Section 1263.330, which requires that the market value of the property acquired will not include consideration of any inc rease or decrease in th e value of the property that is attributable to any of the following:
a. The project for which the property is taken;
b. The eminent domain proceeding in which the property is taken; c. Any preliminary a ctions of the acquiring authority relat ing to the taking of the property.

8. Work directly with the Review Appraiser and the Fixtures & Equipment Appraiser, as necessary.

9. Deliver appraisals to City staff as requested.
1619

Page
6 10. Full narrative appraisal reports for up to 25 parcels.

11. Electronic copies of each Appraisal that meet all State and Federal Standards.

12. Review the appraisal reports using the vari ous standards prescribed by the Federal and State Uni form Acts, Caltrans appraisal p rocedures, Uniform Standards of Professional Apprais al Practice (U SPAP) and the California Eminent Domain codes.

13. Ensure that the appraisal reports contain all of the prescribed requirements.

14. Upon sa tisfactory completion of t he appraisal reports, prepare an appraisal review report.

Independent Appraisal Review
Per Federal and S tate regulations, ( Uniform Act) a qualified reviewing apprais er shall examine all appraisals to as sure that they meet applica ble appraisal requirements and shall, prior to acceptance, seek necessary correction or revisions. In addition, the review appraiser shall certify that the opinion of fair market value is reasonably supported by an acceptable appraisal. Consultant will ens ure the appraisals meet al l Federal and state regulations.

Task 3: Negotiations/Acquisitions Services
The Consultant proposes to develop all necessary contracts, conveyance documents, and escrow instructions necessary to make offers based on City’s process. Consultant will meet with the owners, convey documents, and negotiate until acceptance or impasse is reached. Describe the steps to be taken during the acquisition process.

Consultant will properly contact property owner (letter, certified mail, and/or phone call) in an combination at least three times before declaring impasse. To be considered contact with property owner there must be documented letter or a phone call conversation. Written correspondence responding to property owner inquires verbally and in writing form shall be made within two business days.

1. Initiate and maintain individual acquisition files, including acquisition diaries.

2. Prepare acquisition docum ents for Cit y’s review and written appro val. Said documents include, but are not limited to : offer letter, su mmary statement pertaining to the acquisition of real property or an interest therein, purchase agreement, deed, and public acquisition brochure.

3. Present owners with first written offers. Negotiate to acquire property identified by the City and design engineer.

4. Address issues and counteroff ers from owners , follow up with owners regarding status, and negotiate agreements.

5. Make every reasonable effor t to acquire property on behalf of the C ity expeditiously through agreement with its owner and to avoid litigation.

6. Prepare, if necessar y, offset statements or similar documentation to attempt to identify lessor/lessee interests in improvements and relevant lease terms, if non- 1620

Page
7 residential lessees or tenants are in occupancy.

7. Prepare a Memorandum of Settlement for City review and approval, if settlem ent with owners and other required interests is reached pursuant t o the City - approved appraisal or City-approved administrative settlement.

8. Establish a process of coordi nating escrow closings and reviewin g escrow instructions.

9. Coordinate with Ci ty regarding City approval of conditions of title and escrow instructions.

10. Monitor escrow and coordinate with title company.

Task 4: Condemnation Support Services
Consultant will provide skilled acquisition services that should minimize the number of parcels that proceed to condemnation. However, given the number of properties involved, it is likely that some will become subject to the Eminent Domain Process. In order to assist the City in the eminent domain process, Consultant will provide the following services, if necessary:

1. Coordinate with City staff and officials to provide assistance with initiation of condemnation proceedings and as-needed input throughout the eminent domai n process.

2. Provide as -needed suppor t to City’s leg al c ounsel, such as responding to requests; providing documentation such as acquisition files, diary no tes, correspondence and offer documents; and preparing appraiser declarations.

3. If requested, coordinate with City staff in the preparation documents such as staff reports for Resol ution of Necessity (RON) Hearings, or in the preparation and scheduling of RON Hearings before City Council.

Task 5: Relocation Services
Relocation Planning

1. Prepare a Relocation Plan in conformance with state law.

2. Attempt to meet with each household in order to dete rmine household characteristics and replacement site needs.

3. Research available replacement sites in the area.

4. Include the following information in the Relocation Plan:
a. General project information.
b. Household characteristics.
c. Replacement site resources.
d. A description of City’s Relocation Assistance Program. e. A budget estimate of relocation costs.

5. Circulate Draft Relocation Plan for a 30-day public review and comment period. 1621

Page
8 6. Incorporate comments from the Draft Relocation Plan into the Final version of the Relocation Plan.

7. Submit Final Relocat ion Plan to City for approval pr ior to the initiation of relocation activities.

Residential Relocation Advisory Assistance

1. Establish and maintain relocation file s to document specific reloca tion efforts , including a relocation diary to track all contact with each household.

2. Provide households with the following documentation, when appropriate:
a. General Information Notice.
b. Notice of Eligibility.
c. Notice of Non-Displacement (if required).
d. Conditional Entitlement Letter.
e. Referrals to replacement sites.
f. Relocation assistance handbook.
g. Notice to Vacate (to be signed by City).

3. Secure necessary docume ntation from each household and othe r sources to determine household income, occup ant status , replacement site needs and special assistance needs related to health, mobility and language.

4. Research the area housing market and dev elop a housing valuation st udy to determine the cost of comparable replacement housing.

5. Determine the maximum replacement housing payment available for each household.

6. Meet with each household an d explain the Relocation Assista nce Program and eligibility requirements for relocation payments.

7. Respond to questions from the households and provide continuing relocati on advisory assistance.

8. Provide the following claims-related services:
a. Prepare all claim forms.
b. Secure all necessary documentation and signatures for the claims. c. Forward completed claims and documentation to City for processing. d. Deliver payments to each household.
e. Secure signature to confirm payment.

9. Provide households with information rel ated to City’s appeal and grieva nce process.

10. Provide continuing assistance to identify and secure replacement housing.

11. Provide additional advisory assistance, as needed, to minimize hardships.

12. Inspect replacement dwellings to determine whether the propert y meets Decent, Safe and Sanitary (DS&S) standards as defined in State relocation regulations. 1622

Page
9 13. Coordinate with City staff and keep staff apprised of relocation efforts and vacate status of each household.

Business Relocation Assistance

1. Establish and maint ain relocation file s for each bu siness to document specific relocation efforts , includin g a relocation diary to trac k all contact with each occupant.

2. Meet with each business representative t o determine the bu siness structure, market area, personal property, and replacement site needs.

3. Provide business with the following documentation, when appropriate:
a. General Information Notice.
b. Notice of Eligibility.
c. Notice to Vacate (to be signed by City).

4. Identify available replacemen t sites that mi ght accommodate the affected business.

5. Coordinate with the business to secure estimated relocation costs.

6. Provide the following claims-related services:
a. Prepare all claim forms.
b. Secure all necessary documentation and signatures for the claims. c. Forward completed claims and documentation to City for processing. d. Deliver payments to each business.
e. Secure signature to confirm payment.

7. Coordinate with City staff and keep staff apprised of relocation efforts and vacate status of each business.

Task 6: ROW Certification
Consultant will be responsible to prepare ROW Certification in accordance with federal procedures.

1. Coordinate with Proj ect tea m members for preparat ion of the Right of Way Certification.

2. Provide Draft Right of Way Certification to City for approval.

3. Submit supporting documentation along with the Right of Way Certification.

4. Coordinate processing of the Right of Way Certification with Caltrans.

Task 7: Surveying and Mapping
The City is adding Plat and Description to the Scope of Work for this RFP. Bidders should thoroughly review the newly introduced Plat and Description Scope of Work and include these services in their proposal. This is a revocable item that may or may not be included in the selected consultant’s final scope of work, depending on funding availability.
1623

Page
10 1. Researching for survey data;

2. Obtain record maps , propert y deeds and centerline inf ormation from the County of Contra Costa

3. Establish vertical control based on City of Richmond benchmarks;

4. Recover any monuments per County record map;

5. Attend coordination meeting with project team;

6. Collaborate and coordination with project team for project scope;

7. Collaborate and coordination with acquisition and appr aisal consultant services to define the ultimate fee right of right.

8. Perform boundary survey;

9. Prepare final plat and description for grant deeds for parcels to be acquired by the City;

10. Prepare final and record maps.

4. PROJECT GENERAL INFORMATION

RFP SCHEDULE

Date Activity

October 06, 2023 Release RFP
November 1, 2023 Final Day to Submit Questions (5:00 PM) November 8, 2023 Responses to Questions posted on
BidsOnline
November 15, 2023 RFP Due Date
November 29, 2023 Final Selection and Contract Negotiations December 19, 2023 City Approval Processes
January 8, 2024 Effective Date of Contract

a. - Proposal Submission

Submission of Proposals

The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Electronic Proposals shall be submitted via the City’s secure online bidding 1624

Page
11 system. All required sections of the proposal must be submitted via the website.

Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 5:00 p.m., local time, on Wednesda y November 15, 2023.

The City of Richmond reserves the right to waive inconsequential irregularities.

Public Records

All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review.

Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

b. - Acceptance or Rejection of Proposal

This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals. 1625

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12 c. - Proposal Questions and Requests for Clarification

All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on Wednesday November 1, 2023. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by Wednesday November 8, 2023. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

Interested parties may download copies of the above mentioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.

d. - Causes for Disqualification

Any of the following may be considered cause to disqualify a proponent without further consideration:

A. Evidence of collusion among proponents;
• By submitting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Richmond elected official during the RFP/bid process will, and shall be, just cause for disqualification/rejection of proponent’s proposal/Proponent’s bid submittal and considered non-responsive.

D A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or E. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.
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13 F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to

e. - Withdrawal of Proposals

A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.

f. - Business License

The successful Consultant and all sub-consultants used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.

g. - Insurance Requirements

The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment C. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

h. - Federal Program Requirements

Projects using federal funds are subject to Part 26, Title 49, Code of Federal Regulations (CFR) entitled “Participation by Disadvantaged Business Enterprises (DBE) in the Department of Transportation Financial Assistance Program.” Firms submitting a proposal shall be fully informed of the requirements of the regulations.

The City has a goal of 22% participation of Disadvantaged Business Enterprise (DBE) on this contract. The consultant is encouraged to seek participation of DBE- rated firm to fulfill this goal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for this contract. If the goal is not met, the proposer must document adequate good faith efforts. See Attachment A for additional information on the federal requirements on this project. Their content is taken from the latest edition of Caltrans Local Assistance Procedures Manual. Attachment A pertains to the Consultant DBE requirements, Attachment A contains certifications required to be submitted with the proposal (excluding any information on consultant’s cost proposal), and Attachment A provides certifications required from the selected consultant to be submitted along with the executed agreement and required federal contract provisions. Attachment A must be completed when required, and shall be considered as part of the executed agreement between the City of Richmond and the selected consultant.

Any agreement resulting from this RFP will incorporate by reference the requirements of 49 CFR Part 26. Failure of consultant or any or all subconsultants to carry out these requirements will be considered a material breach of said 1627

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14 agreement, which may result in the termination of said agreement or such other remedy as the City deems appropriate.

An agreement shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31. Prime consultants with a proposed contract totaling $150,000 or more, and any subconsultants listed on the contract, must certify the accuracy of their contract costs and adequacy of their financial management systems (see CLAPM Exhibit 10-K “Consultant Certification of Contract Costs and Financial Management System”).

The requirements for federally funded projects will apply to this Request for Proposals, and the Proposers will be required to submit all required forms. See Attachment A, Federal Aid Consultant Provisions for copies of currently required forms. Forms can also be found on Caltrans website:

https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures- manual-forms

All DBE participation will coun t t oward the Calif ornia D epartment of Transportation’s federally mandated statewide overall DBE goal.

The proposing Consultant shall complete and submit the f ollowing forms with the proposal to be considered responsive.

The following forms have been included in the proposal (See Attachment A). • Exhibit 10-I – Notice to Proposers DBE Information
• Exhibit 10 -K, Consultant Certification of Con tract Costs and Financial Management System
• Exhibit 10-O1 – Consultant Proposal DBE Commitment
• Exhibit 10-O2 – Consultant Contracts DBE Commitment
• Exhibit 10-Q, Disclosure of Lobbying Activities
• Exhibit 10-R, A&E Boilerplate Agreement Language
-Article XVI
-Article XVII
-Article XXXIII
• Exhibit 10-T, Conflict of Interest and Confidentiality Statement • Exhibit 15-H – Proposer/Contractor Good Faith Efforts

It is necessar y to su bmit Exhibits 10-I, 10-K, 10-01, 10-02, 10-Q, 10-R, 10-T and 15 -H (i f necessary), with your response . Failure to su bmit the required forms and or documentation with your response will render your proposal non - responsive. If selected, the consultant shall provide written confirmation from each DBE firm partic ipating in the contract. A copy of the DBE's quote will se rve as written confirmation that the DBE is participating in the contract.

3.9 - Product Ownership

All reports, studies, information, data, statistics, forms, designs, plans, procedures, 1628

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15 systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any oth er country with out the exp ress written consent of the City. The City sha ll have unrestricted authority to publish, disclose (except as may be limi ted by the provisions of the Public Records Act), distribute, and otherwise us e, copyright or patent, in whole or in part, an y such reports, studies, data, statistics, forms or other materials or properties produced for this project.

5. REQUIRED PROPOSAL CONTENT

a. - Cover Letter

The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experie nce appli cable to the Project. The proposal sh all be limited to 20 double-sided pages (8.5 inches x 11 inc hes), inclusive of grap hics, forms, pictures, ph otographs, di viders, etcetera, b ut not of cost propos al, resumes, required forms , certifications, front and back covers, or letters of commitment from sub -consultants. The required font si ze is 12 point, with minimum left and right margins of one -inch, and top and bott om margins of 0.7 inches.

Each proposal will adhere to the following order and content of sections.

Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:

A cover letter, not to exceed three pages in length, should summarize key elements of the proposal and shall:

• Confirm that all elements of this RFP have been reviewed and understood;
• Include a statement of intent to perform the services as outlined; • Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment B) and in the sample CALTRANS Local Assistant Procedures Manual (LAPM) Agreement (Attachment A);
• Submit a written description and brief history of the company’s experiences, qualifications and successes in providing Right-of-Way Acquisition and Appraisal services described herein. Please indicate the number of employees, client base and location of offices. 1629

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16 • Indicate the address and telephone number of the vendor’s office located nearest to Richmond, California and the office from which the project will be managed.
• Confirm that vendor has a minimum of three (3) years verifiable Right-of- Way Acquisition and Appraisal experience
• Stipulate that the proposal price will be valid for a period of at least 180 days.
• Identify a single person for contact during the RFP review process; and • Cover letter shall be signed by an authorized official of the company.

b. - Qualifications

The information requested in this section should describe the qualifications of the firm, key staff and sub‐contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of service.

2) A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.

3) Provide at least three (3) references that received similar services from your firm. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:

a) Client Name and contact info
• Telephone & e-mail address
• Address
b) Description of services provided including contract amount c) Project start and end dates

c. - Project Team

Describe proposed Project team organization, including identification and responsibilities of key personnel. Indicate role and responsibility of prime consultants and all sub-consultants. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting. Indicate the extent of the commitment of key personnel for the duration of the Project and furnish resumes of key personnel. Provide an indication of the staffing level for the Project. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond. Sub-consultant letters of commitment are required and must be submitted with the proposal. 1630

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17 Describe the experience of the proposer’s Project team in detail, including the team’s Project Manager, and other key staff members, on projects of similar size, capacity, and dollar value. For each similar project, include the client’s name and correct telephone number. It is the City of Richmond’s policy to interview proposers’ references as well as references identified by the City of Richmond.

4.3.1 Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond.

If Proposers intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.

4.3.2 Previous Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and contract value.

d. - Project Understanding

The Project Understanding should describe your understanding of the City, the work to be done, project goals and the objectives to be accomplished. Refer to description of services for this RFP.

e. - Detailed Work Plan

Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include:

1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Services" section.

3) Detailed project schedule, identifying all tasks and deliverables to be 1631

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18 performed, durations for each task, and overall time of completion.

4) Detailed description of specific tasks you will require from City staff.

Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Services.

4.5.1 Value Added Services
Please provide any additional services of benefit not specifically required herein, which the Respondent offers to provide.
f. - Cost Proposal

As stated in Local Assistance Procedures Manual Chapter 10, “The cost proposal for the most qualified consultant will be opened and used to begin negotiations. If agreement cannot be reached, then negotiations proceed to the next most qualified consultant.”

Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to proposer will be fixed fee, a detailed cost breakdown shall be provided identifying: (1) the number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this Project; (2) all other direct costs, such as materials and reproduction costs; and (3) sub-consultant services, if needed. These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected Vendor.

Typical cost proposal items include but not limited to:
o Work plan;
o Schedule and deadlines (for deliverables and final duration of contract);
o Products to be delivered;
o Classification, wage, rates, and experience level of personnel to be assigned;
o Cost items, payments, and fees, Fee is required to be negotiated as a separate element;
o Hours, level of effort by task and/or classification.

Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.

g. - Exceptions to this Request for Proposals

The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the CALTRANS LAPM Agreement – RFP (Attachment A). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of 1632

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19 Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language.

Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

h. - Statement of Impartiality and Disclosure

The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

6. PROPOSAL EVALUATION

a. - Proposal Evaluation

All proposals shall be review ed to verify that the Respon dent has met the minimum requirements. Proposals that have not complied with r equirements, do not meet m inimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agr eement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.

The City reserves the right to reject any or all proposals, or to make no award.

The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

The Proposal/Methodology and Approach to Work 25%
Experience/Past Performance/References 25%
Project Team 25%
Proposer Qualifications 25%
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20 The Proposal/Methodology and Approach to Work – 25%

The proposer’s responsiveness to the RFP incl uding completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:

• Ability to provide services as outlined in the RFP.
• Approach and proposed methodology to project scope
• Demonstrated knowledge of the work required
• Explanation of the Project or services required
• Innovative approaches and internal measures for timely completion of Project

Experience/Past Performance/References – 25%
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years of experience in performing similar work.

Project Team – 25%
Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. This category will evaluate the firm’s:

• Qualifications and relevant individual experience
• Unique qualification of key personnel
• Staff Availability / Time commitment of key members
• Organization chart

Proposer Qualifications – 25%
This category will evaluate the respondent’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.

b. – Cost Negotiation
Vendors are not guaranteed an opportunity to demonstrate. Vendors may be 1634

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21 eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the system in conformance with the specifications and its decision shall be final. A schedule of costs and fees shall NOT be submitted with the SOQ. Upon selection of the highest-ranking firm, a request for cost proposal will be issued to the highest-ranking firm.

Pre-Award Negotiations

After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:

• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications
If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.

Selection may be made without further discussion, negotiations or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offer or must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

Award - When the Review Panel has completed its work, City staff will then recommend a Right-of-Way Acquisition and Appraisal Services to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a CALTRANS LAPM Agreement (Attachment A).

ATTACHMENTS

A. Disadvantaged Business Requirements
a. Exhibit 10-I – Notice to Proposers DBE Information
b. Exhibit 10 -K, Consultant Ce rtification of Contract Costs and Financial Management System
c. Exhibit 10-O1 – Consultant Proposal DBE Commitment
d. Exhibit 10-O2 – Consultant Contracts DBE Commitment
e. Exhibit 10-Q, Disclosure of Lobbying Activities
f. Exhibit 10-R, A&E Boilerplate Agreement Language
-Article XVI
-Article XVII
-Article XXXIII
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22 g. Exhibit 10-T, Conflict of Interest and Confidentiality Statement h. Exhibit 15-H – Proposer/Contractor Good Faith Efforts

B. Standard Contract
C. Insurance Requirements
D. Project Description and Map Location
E. FHWA 1273 Required Federal Contract Provisions (Revised 5/1/2012) - Required Federal Language to be Physically Incorporated into Agreement 1636

ATTACHMENT A – DISADVANTAGED BUSINESS REQUIREMENTS
1637
I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____

1. 2.

3. 4.

TERMS AS USED IN THIS DOCUMENT
• The
term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.

AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").

The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

January 2020 1638

Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.

If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website

1. Click on the link titled Disadvantaged Business Enterprise;

2. Click on Search for a DBE Firm link;

3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

January 2020 1639

Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-KCONSULTANT ANNUAL CERTIFICATION OF

INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate:

Combined Rate % OR
Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable)
Fiscal period *
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A.

Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

March 2018
1640

Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts;
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is . • Years of consultant’s experience with 48 CFR Part 31 is . • Audit history of the consultant’s current and prior years (if applicable) ☐ Cognizant ICR Audit ☐ Local Gov’t ICR Audit □ Caltrans ICR Audit ☐ Federal Gov’t ICR Audit ☐ CPA ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name**: _ Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.

Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations

March 2018
1641

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. 21. Local Agency Representative's Signature 22. Date

23. Local Agency Representative's Name 24. Phone

25. Local Agency Representative's Title
C
onsultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION

10. DBE %
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019
1642

Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant’s Name - Enter the consultant’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant’s name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.

14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

19. Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

LPP 18-01 Page 2 of 2
January 2019
1643
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE:  7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials
Supplied

11. DBE
Certification
Number

12. DBE Contact Information

13. DBE
Dollar
Amount
Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION
$20. Local Agency Contract
Number:

21. Federal-Aid Project Number:

22. Contract Execution
Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

23. Local Agency Representative's Signature 24. Date

25. Local Agency Representative's Name 26. Phone

27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

15. Preparer's Signature 16. Date

17. Preparer's Name 18. Phone

19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654- 6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.