Agenda — Richmond City Council, December 17, 2024 (part 8 of 9)

December 17, 2024

Department

DATE: December 17, 2024
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Appointment of Whitney Tipton to the Richmond Rent
Board
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Whitney Tipton is applying for a vacant seat on the
Richmond Rent Board.

RECOMMENDED ACTION: APPOINT Whitney Tipton to the Richmond Rent Board with a term that expires on March 21, 2025 – Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION: Whitney Tipton has experience both as a homeowner and a tenant. She was a long-term beneficiary of a rent-controlled unit, which played a crucial role in her AGENDA
REPORT
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December 17, 2024
journey toward homeownership. Additionally, she has a background in social justice, holding a Bachelor of Arts in Philosophy and a Juris Doctor degree in Law.

DOCUMENTS ATTACHED:

Attachment 1 – Whitney Tipton’s redacted application.

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December 17, 2024

Department

DATE: December 17, 2024
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Appointment of Xiomara Casias to the Human Rights and
Human Relations Commission
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Xiomara Casias is applying for a vacant seat on the
Human Rights and Human Relations Commission
RECOMMENDED ACTION: APPOINT Xiomara Casias to the Human Rights and Human Relations Commission with a term that expires on
March 30, 2025 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).

DISCUSSION: Xiomara Casias is a high school student and resident of Richmond. She is eager to join the Human Rights and Human Relations Commission to represent the AGENDA
REPORT
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December 17, 2024
voices of the City's youth. If selected, she would be the youngest person to serve on the commission.

DOCUMENTS ATTACHED:

Attachment 1 – Xiomara Casias’ redacted application.

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December 17, 2024

Police Department

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

AB 481 “Military Equipment Use” Annual Report
FINANCIAL IMPACT: n/a

PREVIOUS COUNCIL
ACTION:

October 4, 2022
October 18, 2022
May 7, 2024

STATEMENT OF THE
ISSUE:

The Military Equipment Annual Report and RPD Policy
707 are subject to annual City Council review. On May 7, 2024, the Richmond Police Department requested
Council approval of the 2023 annual report and policy.

After a lengthy discussion, the Council directed RPD to modify the policy and return for final approval.

RECOMMENDED ACTION:

ADOPT a resolution accepting the 2023 annual military
equipment report, determining that the military equipment in 2023 complied with RPD Policy 707 and determining
that policy 707 will be accepted with recommended
amendments; and RECEIVE staff recommendations for
additional resources- Police Department (Bisa French
510-621-1802).

AGENDA
REPORT
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December 17, 2024
DISCUSSION:

Assembly Bill (AB 481) requires each law enforcement agency's governing body to adopt a written military use policy by ordinance and other requirements by the bill. The following are required:

 Publish the draft military equipment use policy to the Police Department’s website 30 days before a public hearing to approve the policy.
 Obtain approval by the applicable governing body (Mayor and City Council) by adopting a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. (See definitions below)
 Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.
 Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.
 The governing body reviews the military equipment use ordinance annually and has the option to either disapprove a renewal of a type of military equipment or amend the policy if it determines that the military equipment does not comply with approval standards.

On May 7, 2024, the City Council reviewed the 2023 Annual Military Equipment Report.

After a lengthy discussion, the City Council directed staff to amend the Military Equipment Use Policy (PM 707.4). The amendments include the following:

 expand the definition of “use” to include “deploy, display, and discharge”  adding the definition of “barricaded subject”
 add the definition for “high-risk warrant services”
 add criteria used to make the determination for when diversion devices are used

The RPD has done a great job implementing all but one amendment. Expanding the definition of “use” to include “deploy, display, and discharge” expands the reporting scope beyond what Assembly Bill 481 originally mandated. AB 481 focuses on deploying and discharging military equipment, not its display. Adding “display” requires documenting every instance where equipment is visible. This would involve extensive tracking the equipment's location, duration, and purpose.

This tracking would significantly impact operational efficiency. Officers would need to document every deployment of each piece of military equipment. With the current limited staffing, including 121 sworn personnel, additional documentation would detract from their primary role of engaging with the community and responding effectively to 1216

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December 17, 2024
calls for service. The added reporting requirements would reduce their availability for active policing and community interaction, impacting the overall effectiveness of our operations and necessitating additional mandatory unbudgeted overtime.

It is proposed that to implement this remaining component of the amended policy the following additional resources are needed:

 Data management reporting system/software
 Additional Crime Analyst staff position(s)
 Additional RPD training
 Additional budget for mandatory overtime (the actual dollar amount is unknown now. RPD will request an additional $500,000 during the mid-year budget process for FY 2024-25).

Unfortunately, the RPD cannot fully implement the requested changes without the additional resources outlined above.

Recommendations:

1. Approve the 2023 Annual Military Equipment Report: This approval will inform the City Council of our current military equipment usage and compliance status.

2. Approve the Amendments to the Military Equipment Use Policy No. 707 section 707.4 – Military Equipment Inventory: This approval will maintain the existing policy framework, with amendments reflecting the new definitions and criteria. The proposed amendments are as follows:

1. Approve the Definitions of “Barricaded Suspect” and “High-Risk Warrant Services”: These definitions will provide clarity and guidance on when and how flashbangs can be used.

2. Approve the Criteria for SWAT Commander Authorization of Flashbang Use: This will standardize the decision-making process for deploying flashbangs, ensuring their use is appropriate and effective.

3. Review and Consider: continue to review the additional resources needed to implement the final amendment and work with the Finance Department and Human Resources to consider budget appropriations and amendments to position control during the development of the mid-year budgeting.

Conclusion:

Staff recommends approving the 2023 Annual Military Equipment Report and proposed amendments to the military equipment inventory under Policy No. 707 section 707.4 and considering additional resources as requested above.

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December 17, 2024
DOCUMENTS ATTACHED:

Attachment 1 – RPD Military Equipment Annual Report
Attachment 2 – RPD Policy 707 (with amendments)
Attachment 3 – Resolution
Attachment 4 – Minutes from May 7, 2024, City Council Meeting

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Annual Military
Equipment Report
Jan. 1, 2023 – Dec. 31, 2023

Richmond Police Department
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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

2 CONTENTS

Mission Statement ___________________ 3
Equipment Overview _________________ 4
Introduction _________________________ 5
Executive Summary __________________ 6
Definitions __________________________ 8
Equipment Inventory by Type __________ 10
Military Equipment Use Summary ______ 13
Projected Acquisitions for 2024 ________ 15
Summary of Complaints / Concerns_____ 16
Fiscal Impact ______________________ 17
Training Costs _____________________ 18
Conclusion ________________________ 20

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

3 MISSION STATEMENT

The Mission of the Richmond Police Department is to prevent crime and maintain order.

We work in partnership with our diverse community to help solve neighborhood problems, address root causes of crime and improve the quality of life in Richmond.

We strive to perform in a manner that promotes public trust, confidence and a sense of safety and security.

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

4 EQUIPMENT OVERVIEW

The Richmond Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. RPD does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The Department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of the Richmond Police Department to acquire and use equipment designed to enhance municipal law enforcement’s ability to ensure public safety and welfare.

Items deemed to be “military equipment” by Government Code § 7070 are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance public safety, and officer safety. The term "military equipment," as used in Government Code § 7070, in fact does not necessarily indicate equipment that has been used by the military.

It is the policy of the Richmond Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. It is the policy of RPD that members of this department comply with the provisions of Government Code § 7071 and Richmond Police Policy Manual 707 with respect to military equipment use. California Government Code § 7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this report, and RPD Military Equipment Use Pol icy includes information for any such equipment types that are used by RPD.

The equipment listed in this report are essential tools that may be required on occasion to prevent, avoid, or stop imminent or threatened violent acts towards our community.

The mere possession of this equipment does not warrant its use in every circumstance. However, having this equipment available increases the Department’s ability to mitigate violent threats towards the public.

There is significant interest in ensuring that the Richmond Police Department continues to have access to equipment that will provide its officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to R PD’s mission and will continue to be strictly regulated through internal processes and oversight. 1222

Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

5 INTRODUCTION

The Richmond Police Department maintains and deploys a wide variety of military equipment to assist in safely achieving the furtherance of its mission statement to “prevent crime and maintain order. We work in partnership with our diverse community to help solve neighborhood problems, address root causes of crime and improve the quality of life in Richmond. We strive to perform in a manner that promotes public trust, confidence and a sense of safety and security.” While the inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident.

The Richmond Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner.

The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While the military equipment procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents dema nd the need for incident commanders to authorize military equipment to be used in a manner not outlined within procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring critical incident to a safe resolution.

This annual report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from Jan. 1, 2023 through December 31, 2023. 1223

Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

6 EXECUTIVE SUMMARY

On September 30, 2021, the Governor of the State of California approved AB -481 requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy. The Department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standa rds. The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with standards.

Finally, the bill requires publication of the military equipment use procedure and the annual military equipment report on the Department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.

AB-481, Section 7072 states the following:

(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

(1) A summary of how the military equipment was used and the purpose of its use.

(2) A summary of any complaints or concerns received concerning the military equipment.

(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

7 (5) The quantity possessed for each type of military equipment.

(6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

(7) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently lo cated community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the Richmond Police Department is committed to transparency, public trust, community partnerships, and compliance with the law.

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

8 DEFINITIONS

Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.)
“Governing body” means the Richmond City Council and Mayor. “Military equipment” means the following:

1. (UAS) Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the Department’s inventory of small Unmanned Aircraft Systems (sUAS) and SWAT robots.

2. Mine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. (Not applicable to the Richmond Police Department)

3. High mobility multipurpose wheeled vehicles (HMMWV), 2 ½, ton trucks, five-ton trucks, or wheeled vehicles that have breaching or entry apparatus attached. (Not applicable to the Richmond Police Department)

4. Tracked armored vehicles that provide ballistic protection to their occupants (Not applicable to the Richmond Police Department)

5. (Mobile Command Center) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (Mobile Command Vehicle)

6. Weaponized aircraft, vessels, or vehicles of any kind . (Not applicable to the Richmond Police Department)

7. (Breaching Shotguns) Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard-issue shotgun ammunition. (Not applicable to the Richmond Police Department)

9. (Patrol Rifles) Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.

10. Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to the Richmond Police Department)

11. (Flash-bangs) Noise-flash diversionary devices and explosive breaching tools.

12. (Chemical Agents) Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs. (Not applicable to the Richmond Police Department)

14. Kinetic energy weapons and munitions to include 40mm launcher, bean bag shotgun, 1226

Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

9 foam-tipped projectiles.

15. Any other equipment as determined by a governing body (Richmond City Council) or a state agency to require additional oversight. (Not applicable to the Richmond Police Department)

“Military Equipment Use Policy” refers to the Richmond Police Department’s Military Equipment Use Policy (PM 707) and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

10 EQUIPMENT INVENTORY BY TYPE

Note: The inventory of certain items of consumable military equipment (e.g. ammunition, diversionary devices, chemical agents, etc.) frequently fluctuates throughout the year due to operational usage, training, operational wear, or manufacturer recommended replacement guidelines. While the Richmond Police Department strives to provide accuracy in its inventory reporting, this report reflects approximations of certain consumable items of military equipment. Quantities listed are ending quantities from the reporting period of January 1, 2023 through December 31, 2023.

Unmanned Aerial Systems (UAS / Drones)
Equipment Name and Model Quantity
DJI Avata 1
DJI Avata 1
DJI Mini 2 2
DJI Mavic Enterprise DUAL 2
DJI Mavic 2 Enterprise Advanced 1
DJI Avata 1
TOTAL: 8

Tactical Robot
Equipment Name and Model Quantity
Recon Robotics 1

Mobile Command Center (MCC)
Equipment Name and Model Quantity
2013 EVI Spartan Mobile Command Center 1

Breaching Shotguns
Equipment Name and Model Quantity
Remington 870 Police Magnum Shotgun 2

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

11 Shotgun Breaching Munitions
Equipment Name and Model Quantity
TESAR-2 / Model FE183 100 Rounds
TESAR – 1 / Model FE182 100 Rounds

Rifles
Equipment Name and Model Quantity
COLT M4 Carbine .223 50
COLT M16 A2E .223 (SWAT Only) 13
COLT Commando .223 (SWAT Only) 2
DPMS M-160 (SWAT Only) 5
COLT M16 A2 (SWAT Only) 2
COLT AR-15 Match Target Competition Rifle 8
H&K MP5 (SWAT / Decommissioned) 17
The Richmond SWAT Team maintains in its inventory special weapons for the purpose of providing tactical flexibility and effectively operating in a variety of situations. SWAT Team members shall maintain an acceptable level of proficiency with assigned weapons employed by the team. The SWAT Team will provide training and testing for all team members to ensure familiarity and proficiency with such weapon systems.

Rifle Ammunition
Equipment Name and Model Quantity
Gold Dot Soft Point 62 grain .223 10,000 Rounds
Federal Tactical Tru 168 grain .308 200 Rounds
Federal Tactical Bonded Tip 168 grain .308 200 Rounds

Diversionary Devices (Flash Bangs)
Equipment Name and Model Quantity
Defense Technology Model #8933 120

Chemical Agents and Smoke Canisters
Equipment Name and Model Quantity
Defense Tech SPEDE-HEAT – Pyro Burning CS Gas #1072 10 Canisters Defense Tech HAN-BALL – Pyro Burning CS Gas #1092 20 Canisters 1229

Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

12 Defense Tech Flameless Tri-Chamber – Pyro Internal CS Gas #1032 10 Canisters CTS Indoor 5230 B – Pyro Indoor Safe CS Gas #5230B 25 Canisters Defense Tech Aerosol Vapor – Non-Pyro OC Gas #1056 25 Canister Defense Tech Maximum Smoke – Pyro High Volume #1083 10 Canisters CTS 40mm Liquid Ferret Rounds – Non-Pyro CS gas Launchable Munition #4330 100 Rounds Defense Tech 40mm Direct Impact OC – Direct Impact OC Gas #6320 100 Rounds Pepperball Live Projectiles .2% PAVA 375 Rounds

40mm Launchers and Munitions
Equipment Name and Model Quantity
Penn Arms 40mm, 6-cylnder Pump Multi-Launcher 3
Penn Arms 40mm, single-shot launcher 7
Defense Tech 40mm Exact Impact Sponge Round #6325 60
Defense Tech 40mm Exact Impact (Marking) #6325-A 50
Federal Laboratories 37mm (Decommissioned) 2

Less Lethal Shotguns and Rounds
Equipment Name and Model Quantity
Remington Model 870, 12-guage Shotgun 17
Defense Tech 12-guage Bean Bag Drag Stabilized 200 Rounds CTS 12-guage Bean Bag Super-sock 250 Rounds

Chemical Shotgun
Equipment Name and Model Quantity
Remington Model 870, 12-guage Shotgun 2

Less Lethal Launcher
Equipment Name and Model Quantity
FN 303 4
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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

13 MILITARY EQUIPMENT USE SUMMARY

This section outlines the military equipment Usage for January 1, 2023 – December 31, 2023 by the Richmond Police Department. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is NOT captured in this section. This section ONLY provides data for the OPERATIONAL USE of military equipment listed within this annual report. The mere possession of the equipment does not warrant its use for every incident.

The following is the data for military equipment usage by category for this reporting period:

1. UNMANNED AERIAL SYSTEMS (UAS / DRONES)
Unmanned Aerial Systems were utilized a total of 120 times during this reporting period.

Authorized usages:
→ Collect aerial photographic and video evidence in support of an investigation (e.g., crime scene documentation of shootings, homicides, officer-involved shootings). (6 uses) → Support SWAT and patrol during high -risk, tactical, or other public safety life -preservation missions (e.g., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding). (42 uses)
→ Conduct overwatch and intelligence gathering for investigative, specialty units, and SRT during critical incidents and investigations. (6 uses)
→ Assisting patrol with establishing overwatch during perimeter searches. (66)

2. TACTICAL ROBOT
The Tactical Robot was deployed/utilized 0 times during this reporting period.

3. ARMORED PERSONNEL CARRIER (RESCUE VEHICLE)
From January 1, 2023, through December 31, 2023, the Richmond Police Department utilized East Bay Regional’s BATT 9 times.

Authorized Usages:
→ Support SWAT during critical incidents and pre -planned operations by providing greater safety to community members and officers.
→ Higher degree of ballistic protection during high-risk operations → The use of a rescue vehicle is extremely vital to ensure the communities safety and ensure mission success.

4. MOBILE COMMAND CENTER
The Mobile Command Center (MCC) was used a total of 8 times during this reporting period.

Authorized usages:
→ Serves as a command post for critical incidents during complex events → Special Events (RPD Connect, Cinco De Mayo, Juneteenth) → DUI Checkpoint command post
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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

14 5. BREACHING SHOTGUN
The Breaching shotguns (Remington 870) were utilized 2 times in 2023.

Authorized usages:
→ SWAT Team operations for High Risk warrant services

6. LESS LETHAL SHOTGUNS AND MUNITIONS
Less Lethal Beanbag shotguns (Remington 870) was used 1 time during this reporting period.

Authorized usages:
→ Confront armed person and the tactical circumstances allow for the safe application of approved munitions.

7. DIVERSIONARY DEVICES
Diversionary Devices (flashbangs) were utilized 38 times during this reporting period.

Authorized usages:
→ To facilitate high-risk entries during warrant services, enabling arrest and reducing the risk of injury by disorientation of potentially dangerous suspects and/or animals. → Used as a distraction device during all incidents

8. RIFLES AND AMMUNITION
Rifles were utilized 2 times during this reporting period.

Authorized usages:
→ There is an objectively reasonable anticipation of an armed encounter. → Used in accordance with California Penal Code § 835 and RPD PM 300.3.2

9. CHEMICAL AGENTS AND SMOKE CANISTERS
Chemical Agents and Smoke Canisters were used 0 times during this reporting period.

10. 40mm LAUNCHERS AND MUNITIONS
40mm Launchers were used by the Richmond Police Department 4 times during this period. • Impact rounds (9)
• OC rounds (4)
• CS rounds (0)
Authorized usages:
→ Encountering an armed person with a weapon and the tactical circumstances allow for the safe application
→ There is probable cause to believe that the person has already committed a crime of violence and is refusing to comply with lawful orders.

11. PEPPERBALL LAUNCHERS AND PROJECTILES
Pepper-ball launchers and projectiles were used 0 times during this reporting period.

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

15 PROJECTED ACQUISITIONS FOR 2024

While some purchases and acquisitions can be anticipated, the unanticipated replacement of existing AB 481 equipment may be necessary due to damage beyond that of repair. Replacement of these items will be handled on a case-by-case basis dependent on operational and departmental need.

These unexpected needs-based acquisitions will be in accordance with department policy and AB 481.

CONSUMABLE MILITARY EQUIPMENT
Consumable AB 481 military equipment acquisitions in the next 12-months will remain consistent with current department replenishment schedules and policies. Acquisitions and purchasing of these consumables will replenish quantities previously approved by the department.

Categories of consumables are as follows:
• Ammunition- all calibers
• Diversionary Devices
• Chemical Agents and Smoke Canisters
• Specialty Munitions (40mm and Less Lethal Munitions)
• Kinetic Energy Rounds

Non-consumable are as follows:
• Multipurpose Response & Rescue Vehicle
- As the SWAT team is responsible for responding to all incidents that exceed the capability of patrol within our jurisdiction, including terrorist attacks, hostage situations, and mass shooting incidents, we hereby request permission to seek funding to purchase a tactical multipurpose Response and Rescue Vehicle. - Projected funding source: State/Federal Grants, Asset Seizure, General Fund • DJI Mavic 3E Drone
- Projected funding source: Budgeted for FY2023-24
• DJI Matrice 30T Drone
- Projected funding source: Budgeted for FY2023-24
• (2) DJI Mavic 3 Thermal Drone
- Projected funding source: Budged for FY2024-25
• Requests the borrowing of a Ballistic Armored Tactical Transport vehicle) from the Department of East Bay Regional Parks Police Department for use with the clear understanding that such equipment will be solely used by the Richmond SWAT team for high- risk tactical situations (high-risk warrant services or critical incidents such as hostage rescues, active shooters, barricaded shooters) to preserve life and protect the community members of Richmond.
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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

16 SUMMARY OF COMPLAINTS / CONCERNS

The Richmond Police Department is committed to responding to complaints, concerns and/or questions received in a timely manner. During this reporting period, there were 0 formal complaints.

The Richmond Police Department did not have any policy violations with the deployment or use of military equipment.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: 510-620-6675

3. Via mail sent to: Richmond Police Department, 1701 Regatta Blvd, Richmond, CA, 94801

Officer-Involved Shootings (OIS) and Discharge of Military Equipment Firearm:

There was 1 OIS incident during this reporting period that involved the use of military equipment:
→ June 28, 2023: A search warra nt was authorized and served at 1293 Sanderling Island in Richmond by members of the Richmond Tactical Response Team (TRT). The search warrant was the culmination of several firearm brandishing reports taken by patrol, and hours of surveillance by Richmond Police Intelligence officers. The person suspected of brandishing a firearm was located and arrested for the related firearm warrant charges. On June 28th, a search warrant was authorized for the search of 1293 Sanderling Island. A clear knock and notice was given at the front door by TRT members and again inside the residence after entry was made.

During the service, a male subject was contacted inside in an upstairs bedroom. The subject pointed a loaded AR-15 rifle at TRT members. Two officers immediately discharged their duty rifles striking the male subject. The subject was pronounced deceased at the scene.

Subsequent search of the residence yields:
▪ 53 firearms (20 Rifles, 23 Pistols, 8 Revolvers, 2 Shotguns) ▪ Live hand-grenade
▪ Over a thousand rounds of ammunition
▪ Firearm manufacturing equipment

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

17 FISCAL IMPACT

The Richmond Police Department is budgeted for 145 sworn officers and 65 professional staff members. The operating budget for the police department for the FY2022-23 was $73,102,610. The chart below reflects the Richmond Police Department’s cost for Military Equipment during this reporting period.

The following were the equipment related expenditures for January 1, 2023 to December 31, 2023.

Also listed is the total costs for the equipment listed. Equipment expenditures include the acquisition of new equipment, the replacement or repair of damaged equipment, and the ongoing maintenance of our AB 481 military equipment which are captured in our Annual Maintenance/Replacement column.

Updated: 02212024

Equipment Quantity Acquisitions Annual Maintenance /
Replacement Cost Total Cost

1. UAS 9 $ 1,888 $ 2,000 $ 3,888

2. Mobile Command Center 1 $ - $ 196 $ 196

3. Tactical Robot 1 $ - $ - $ -

4. Breaching Shotguns 2 $ - $ 100 $ 100

5. Breaching Rounds 300 $ - $ 1,500 $ 1,500

6. Rifles 80 $ - $ 1,000 $ 1,000

7. Rifle Ammunition 10,000 $ 29,281 $ 30,000 $ 59,281

8. Diversion Devices 200 $ - $ 5,000 $ 5,000

9. Chemical Agents 199 $ 3,026 $ 2,000 $ 5,026

10. Beanbag Shotgun 17 $ - $ 100 $ 100

11. Direct Impact munitions 700 $ 5,802 $ 1,500 $ 7,302

12. Direct Impact Launchers 13 $ - $ 500 $ 500

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

18 TRAINING COST

The safe and proficient use of the equipment outlined by AB 481 requires countless hours of initial and on-going training as well as required certifications. Most training for department personnel is conducted internally by department personnel to ensure adherence to law and policy. There are times when department personnel are sent to external training courses to enhance and supplement internal trainings and to obtain train the trainer certifications.

40-Hour Chemical Agent Instructor Course
Objective: To gain skills and knowledge necessary to become an instructor and instruct Richmond Police Officer’s in the use of Chemical Agents.

Attendees: One (1) Sergeant
Course Location: San Diego, Ca.

Registration Cost: $2,110.00; Hotel Cost: $1,019.81; Travel Cost: $392.97; Rental Car: $545.65 Grand Total Cost: $4,068.43

16-Hour Chemical Agent Instructor Course
Objective: To gain skills and knowledge necessary to become an instructor and instruct Richmond Police Officer’s in the use of Chemical Agents.

Attendees: Two (2) Officers
Course Location: Elk Grove, Ca.

Registration Cost: $229.00; Mileage: $253.35
Grand Total Cost: $482.35

Less Lethal Weapon & Diversionary Devices Instructor Training Objective: To obtain training to become a proficient less lethal weapons instructor.

Attendees: Two (2) Officers
Course Location: Sacramento, Ca.

Registration Cost: $1,252; Mileage: $357.24
Grand Total Cost: $1,609.24

Unmanned Aircraft Systems Basic Pilots Course
Objective: To obtain FAA certification to be legally authorized to operate an Unmanned Aircraft Systems unit.
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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

19 Attendees: Three (3) Officers
Course Location: San Leandro, Ca.

Registration Cost: $2,997; Lodging: $1,165.80; Mileage: $98.51 Grand Total Cost: $4,261.31

Penn Arms Armorer’s Course
Objective: To gain skills and knowledge necessary to maintain and repair Richmond Police Department’s firearms; including the 40mm launchers.

Attendees: One (1) Sergeant
Course Location: Burlingame, Ca.

Registration Cost: $325.00; Mileage: $84.10
Grand Total Cost: $409.10

Special Weapons and Tactics (SWAT) School
Objective: POST Certified basic SWAT course for all new SWAT Team members.

Attendees: Three (3) Officers
Course Location: Elk Grove, Ca.

Registration Cost: $3,909; Lodging: $4,779.07; Mileage: $1190.79 Grand Total Cost: $9,878.86

Rifle Marksmanship and Sniper Observer Course
Objective: Necessary course to achieve the minimum qualification to become a designated marksman.

Attendees: Three (3) Officers, One (1) Sergeant, One (1) Lieutenant Course Location: San Luis Obispo and Dublin, Ca.

Registration Cost: $4,088.00; Lodging: $4,292.48; Mileage: $617.01 Grand Total Cost: $8,997.49

Total AB481 Trainings: $29,706.78

Consumable and non-consumable equipment are used during training to ensure proficiency and competency during real-life emergencies. Funding sources for all internal and external training are reflected in the Richmond Police Department’s operations budget. https://www.ci.richmond.ca.us/183/Budget-Documents

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Richmond Police Department
Annual Military Equipment Use Report
Jan.1, 2023 – December 31, 2023

20 CONCLUSION

This Military Equipment Report reaffirms the Richmond Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with the law. The equipment, resources, and training outlined in this report allow Richmond Police Officers to better protect our communities, enhance the safety of the public and officers, and bring critical incidents to a safe resolution.

Public safety is and always has remained a shared responsibility. The strength of our Department is structured with the willingness of our communities to work in partnership with our officers to address crime in their neighborhoods. This shared partnership with the community and continued support has helped the COR be an example of community policing to not only the Bay Area, but to the entire Nation.

Since our founding in August of 1905, the Richmond Police Department has stood watch and protected our community with Pride & Purpose. Every day, first responders put their own lives on the line to ensure the community’s safety. It is vital that the City of Richmond ensures that our First Responders have the necessary tools, equipment, and training to protect the community they have sworn to serve.

Understanding law enforcement is a partnership between the police and community, we will continue to serve and do all we can to guard against harmful actions of a few individuals. The Richmond Police Department is proud to work in partnership with our diverse community to help solve problems, address root causes of crime and improve the quality of life in Richmond.

For more information on RPD Military Equipment visit:
https://www.ci.richmond.ca.us/4248/Assembly-Bill-AB-481---Military-Equipmen

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MILITARY EQUIPMENT INVENTORY

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Background

Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin Newsom in September 2021. It went into effect on January 1, 2022. AB 481 is designed to increase community awareness and oversight over the possession and use by local police departments of requires the City Council to provide both authorization and oversight of the equipment used.

The law, codified in California Government Code sections 7070 through 7075, requires law enforcement agencies to produce a military equipment use policy that identifies and describes: each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of such equipment; training required; and mechanisms to ensure compliance with the policy. (See Gov. Code section 7070(d)). The City Council is required to approve the policy for the Department to continue using this equipment.

Additionally, the law requires an annual report and annual review by the governing body for continued use of the equipment. AB 481 requires every local law enforcement agency in California to post its proposed military equipment use policy no later than May 1, 2022. The law also requires at least a 30-day period for public comment on the proposed policy before the governing body discusses the proposed policy in a public meeting.

Police agencies across the state have developed similar policies to comply equipment that has a
Department does not possess any equipment that is atypical for the region.

The City of Richmond possesses fewer types of this equipment than many other Bay Area agencies.

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Definitions

Pursuant to AB-481, the following definitions are applicable only to the military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code secti
defined within the Assembly Bill.)

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

This definition
Unmanned Aircraft Systems (sUAS) and SWAT robots.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. (Not applicable to the Richmond Police Department)

4. Tracked armored vehicles that provide ballistic protection to their occupants (Not applicable to the Richmond Police Department)

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (Mobile Command Vehicle)

6. Weaponized aircraft, vessels, or vehicles of any kind. (Not applicable to the Richmond Police Department)

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. (Breaching Shotguns)

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8. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. (Not applicable to the Richmond Police Department)

9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code 30515, with exception of standard-issue firearms.

10.Any firearm or firearm accessory that is designed to launch explosive projectiles. (Not applicable to the Richmond Police Department)

11.Noise-flash diversionary devices and explosive breaching tools.

12.Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.

13.Taser Shockwave, microwave weapons, water cannons, and long range acoustic devices also known as LRADs. (Not applicable to the Richmond Police Department)

14.Kinetic energy weapons and munitions to include 40mm launcher, beanbag shotgun, foam-tipped projectiles.

15.Any other equipment as determined by a governing body (Richmond City Council) or a state agency to require additional oversight. (Not applicable to the Richmond Police Department)

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Military Equipment Use Policy

Military equipment use policy means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

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Military Equipment Inventory

The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, extended range impact munitions, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, expirations, and replenishment guidelines.

The following are various types, descriptions, and guidelines for usage of military equipment currently employed by the Richmond Police Department:

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TACTICAL ROBOT
Equipment Type: Small unmanned tracked robot of any type that is capable of being remotely controlled as well as all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Quantity Owned: One (1) Lifespan: Approximately 5-7 Years Equipment Capabilities: Can support first responders in any hazardous incident, which would benefit from a ground level perspective. These uses could include barricaded suspects or high-risk tactical operations, disasters response, and use in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.

Manufacturer Product Description: Small throwable reconnaissance robot designed and manufactured by Recon Robotics, is for use in law enforcement and military applications. The robot can be used by Law Enforcement First Responders, dismounted patrols, special weapons and tactics (SWAT) and other special operations teams.

Purpose: Used to remotely gain visual and audio data, open doors, and clear buildings.

Uses: This equipment is a battery powered, remote operated device equipped with cameras and communication capabilities. This equipment is for (potential) use during high-risk incidents and use is authorized for all members of the department who have been trained in its use. Incidents that may qualify for its use include, but are not limited to, high-risk warrant services, barricaded subjects, and hostage negotiation/rescue operations. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subjec
can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if there are other subjects inside that need assistance. Only assigned S.W.A.T. operators who have been trained shall be permitted to operate the small- unmanned tracked robot. Use is established by the S.W.A.T team commander, and or Incident Commander. Robots shall not be used as a Use of Force on a person.

Fiscal Impact: Initial Cost $7,500 Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the robot only for official law enforcement purposes, and in a manner, that respects the privacy of our community, pursuant to State and Federal law.

Training Required: S.W.A.T. officers authorized to operate tracked robots are required to successfully complete SWAT Basic school and are subject to practical application training in the use of the robot. Additionally, SWAT Officers regularly train on safe robot deployment in a variety of operational settings.

Other Notes: Recon Robotics Recon Scout

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UNMANNED AERIAL SYSTEM (UAS)
Equipment Type: An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Quantity Owned: Eight (8) Lifespan: Approximately 3-5 Years Manufacturer Product Description:

DJI INSPIRE Small Unmanned Aerial System (UAS) is an unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

QUANTITY 1 (One)
INITIAL COST $11,000

DJI Matrice 210 Equipped with both an aerial zoom and thermal camera, first responders can now quickly locate missing people in remote areas and plan the safest approach path.

QUANTITY 1 (One)
INITIAL COST $16,000

DJI Mavic Pro M1P The Mavic is smaller, lighter, and easier to carry with you thanks to its foldable design. Its new OcuSync transmission system has a longer transmission range and 1080p resolution. Due to its larger size, the Phantom 4 has a higher maximum speed and can withstand stronger winds.

QUANTITY 1 (One)
INITIAL COST Donated

DJI Mini 2 The Mini 2 can resist 29-38kph winds and take off at a max altitude of 4,000 meters, so your footage is stable even when flying along a windy coastline or high above an alpine forest. With a max battery life of 31 minutes, DJI Mini 2 grants more than enough time to compose the perfect shot.

QUANTITY 2 (Two)
INITIAL COST $550 x 2

DJI Mavic Enterprise DUAL Integrated Radiometric FLIR Thermal Sensor with adjustable parameters for emissivity and reflective surfaces.

QUANTITY 2 (Two)
INTITIAL COST $3,338 x 2

DJI Mavic 2 Enterprise ADVANCED A highly versatile yet compact tool that packs a whole lot of performance upgrades. With high-resolution thermal and visual cameras, the M2EA supports up to 32 times digital zoom and is capable of centimeter-level positioning accuracy with the RTK module.

QUANTITY 1 (One)
INITIAL COST $7,300
Purpose: UAS can support first responders in any hazardous incident, which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.
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Uses: Only authorized operators who have completed the required training shall be permitted to operate the UAS.

1. All flights will be approved in advance by a lieutenant and in the absence of management personnel; the sergeant will have the authority to approve missions.

2. All flights will be documented on the mission dispatch form designed for the purpose and all flight time shall be accounted for on the form. The reason for the flight and type of mission as specified and the name of the police manager or supervisor approving the mission will also be documented.

3. The manager or supervisor approving any flight missions, UAS operators and observers will consider the protection of individual civil rights and the reasonable expectation of privacy as a key component of any decision made to deploy the UAS. Each UAS operator and observer will ensure that the operation of the UAS is consistent with local, state, and federal laws.

4. The use of the UAS will be limited to the authorized missions described herein. The authorized missions for the RPD UAS are:
-incident crime scene preservation and documentation

26614 Public safety and life preservation missions to include barricaded suspects, hostage situations, civil unrest incidents, active shooters, apprehension of armed and dangerous and/or violent fleeing suspects, and high-risk search warrants clude natural or human caused disasters
including a full overview of a disaster area for post-incident analysis and documentation

response and prevention

place, thing, condition, or event; and (2) that those images would be relevant to proving that a certain felony had occurred or is occurring, or that a particular person committed or is committing a certain felony and the use of the UAS does not infringe upon the reasonable expectation of privacy

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MOBILE COMMAND CENTER
Equipment Type: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation. Some major incidents engender special management challenges and require an on-site incident command structure to assist senior personnel in addressing the circumstance presented by the incident.

Quantity Owned: 1 (One) Lifespan: The EVI Spartan Mobile Command Center was purchased in 2013
and has a 20-year lifespan on chassis and
vehicle structure. Upgrades will be needed
in time to maintain IT systems.

Equipment Capabilities: This vehicle is designed to be a stand-alone mobile command post for large-scale high risk or natural disasters.

Manufacturer Product Description: 2012 EVI Spartan is a 40-foot non-armored vehicle used as an Incident Command Post for preplanned events or unplanned high - risk incidents. As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with various missions.

Purpose: The Mobile Command Center is a vital component to the police mission when major emergencies, natural and man-made disasters or special events in the community trigger the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents.

Uses: Instances that require the mobilization and coordination of significant resources in the field. Its primary use is to facilitate the management and coordination of personnel, communications, and equipment resources at complex incidents. It is the policy of the Richmond Police Department to have the Mobile Command Center ready and available for use at any emergency, special operation, special event, or other function requiring the use of an on scene incident command post.

Fiscal Impact: Initial Cost $402,152.52 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to use the mobile command vehicles only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Training Required: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city.

Authorized drivers will possess a valid Class B California Driver license with an airbrake endorsement and complete requisite training on the operation of the MCC and its systems.

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BREACHING SHOTGUN & PROJECTILES
Equipment Type: Remington 870 Breaching Shotgun and TESAR Breaching Rounds Quantity Owned:

Shotguns - 2 (Two)
Lifespan:
25 years or dependent on operational usage
Breaching Rounds - 300 Approximately 5 Years
Equipment Capabilities: This weapon allows breachers to safely utilize shotgun- breaching rounds in order to destroy deadbolts, locks, and hinges. The standoff that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round.

Manufacturer Product Description:

Remington 870 Police Magnum Pump-action shotgun is a rugged 12gauge with a short, .

TESAR 2 Breaching Rounds Black Cap 2-
12 Ga Shotgun Slug.

TESAR 1 Breaching Rounds Orange Cap 2-
Frangible 12 Ga Shotgun Slug.

Purpose: Shotgun breaching, the use of a breaching shotgun to affect a breach, can be an effective option in SWAT Unit tactics. An effective breach is a design where the least amount of breaching shotgun rounds are used and still accomplishes its goal. An effective shotgun breach can defeat fortified doors and locks.

Uses: Breaching shotguns shall only be used on a door, gate, or other entry in the following circumstances:

1. Barricaded suspect and/or hostage situations.

2. High-risk warrant services

3. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.

Fiscal Impact:

Breaching Shotguns - Initial Cost $550
(Each)

Breaching Rounds Initial Cost $2,000
Annual Maintenance Cost:
$100

$500
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: SWAT Officers that are trained in the use of breaching shotguns must successfully complete a SWAT Breaching course or in-house training from a breaching instructor. Furthermore, SWAT Officers must undergo live fire proficiency training in its application.

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PATROL RIFLES & AMMUNITION
Equipment Type: A semi-automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Department-approved AR-15 style (Colt M4) weapon system is designed to fire a .223/5.56 caliber projectile.

Quantity Owned:

Rifles - 98 (Ninety-eight) total

.223 Ammunition 10,000 Rounds

.308 Ammunition 2,000 Rounds
Lifespan:

15+ Years

Varies

Varies
Equipment Capabilities:

The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, patrol rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

.223 Ammunition - Operational Range from 0-500 yards

.308 Ammunition - Operational Range from 0-1000 yards
Manufacturer Product Description:

COLT M4 Carbine / Patrol Rifle This carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns.
required to accomplish any mission.

QUANTITY: 50
INITIAL COST: $895 each

COLT M4 / M16 A2E / (Exclusive to trained SWAT operators) The SWAT M4 rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

QUANTITY: 13
INITIAL COST: $1,025 each

COLT Commando / (Exclusive to trained SWAT operators) The Colt Commando is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.

QUANTITY: 2
INITIAL COST: $1,199 each

DPMS M-160 / (Exclusive to trained SWAT operators) The DMPS is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.

QUANTITY: 5
INITIAL COST: $1,199 each

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COLT M16 A2 / (Exclusive to trained SWAT operators) The Colt M16 A2 is a very short variant of the M16A1 assault rifle. The dimensions and shorter effective range make more akin to a sub machine gun than an assault rifle.

QUANTITY: 2
INITIAL COST: $1,199 each

COLT AR-15 Match Target Competition Rifle This rifle is a Colt Match Target (flattop) with 16 heavy barrel with 1 in 9 twist. It has a removable handle so that a scope or optical site can be easily mounted. It comes with match rear sights and regular front site.

QUANTITY: 8
INITIAL COST: $1,199 each

H&K MP5 (Exclusive to trained SWAT operators) Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing.

QUANTITY: 17
INITIAL COST: $965 each

H&R Arms M14 Weapon is decommissioned
QUANTITY: 1
INITIAL COST: N/A

Gold Dot Soft Point 55 or 62 grain .223 & Federal / Winchester 55 grain FJM .223 - Only ammunition that meet RPD specifications, approved by the Chief of Police, and issued by the Department may be used by officers in their law enforcement responsibilities.

INITIAL COST: $358 per 1,000 rounds
ANNUAL COST: $8,000

Federal Tactical Tru 168 grain .308 & Federal Tactical Bonded Tip 168 grain .308 (Exclusive to trained SWAT operators) - Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions.

INITIAL COST: $450 per 500 rounds
ANNUAL COST: $2,000
Purpose: In order to more effectively and accurately address the increasing level of firepower and body armor utilized by criminal suspects, the Richmond Police Department (RPD) will make patrol rifles available to qualified patrol officers as an additional and more immediate tactical resource.

Uses: Officers may use rifles in the following situations:
a) When there is an objectively reasonable anticipation of an armed encounter.

b) When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range.

c) Situations where an officer reasonably expects the need to meet or exceed .

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d) When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage.

e) When an officer reasonably believes that a suspect may be wearing body armor.

f) When authorized or requested by a supervisor

g) When needed to euthanize an animal

Fiscal Impact: Listed above Annual Maintenance Cost: $250 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Training Required: Officers shall not carry or use the patrol rifle unless they have successfully completed departmental training. This training shall consist of an initial 40- hour patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete quarterly training and qualification conducted by certified patrol rifle instructors.

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DIVERSION DEVICES
Equipment Type: Canisters that emit a loud noise and bright light Quantity Owned: 150 (One hundred-
fifty)
Lifespan: 5 Years
Equipment Capabilities: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to -
Light Level 6 8 million Candelas Light Duration 10 milliseconds.

Manufacturer Product Description: This compact version of the 8933 Low Roll body is the newest version of the original reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device unit packs all the power of the full size 12-Gram Distraction Device unit.

Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term physiological/psychological sensory deprivation to give officers a tactical advantage.

Uses: Generally, flash/sound diversionary devices may be considered whenever the use of a less lethal diversion would help facilitate entry, enabling arrest and potentially reducing the risk of injury by disorientation of potentially dangerous suspects and/or animals. Diversion devices shall only be used for distraction purposes.

Circumstances for the use of flash/sound diversionary devices include:

1. Barricaded suspect and/or hostage situations.

2. High-risk warrant services.

3. Disperse potentially violent animals.

4. When the SRT Commander or SWAT Commander deems their use necessary to safely resolve an incident.

A Barricaded suspect is defined as an individual who is inside a structure and is actively preventing law enforcement from entering, typically posing a threat to themselves or others.

A High-risk warrant services is defined as operations with significant risk of violence or harm, necessitating specialized equipment and tactics to ensure safety and compliance with the service of the warrant.

An SRT or SWAT Commander may authorize the use of diversion devices for the above mentioned circumstances or when there is a high likelihood of a violent confrontation or when a diversion device is needed to mitigate risk to citizens and officers.

Fiscal Impact: Initial Cost $6,800 per 120
devices
Annual Maintenance Cost: $0
Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

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Diversionary Device Trainers are responsible for maintaining and updating the SWAT Team's training and qualification as they pertain to the deployment of diversionary devices.

Diversionary Device Trainers will attend at least one course related to diversionary devices every three years for updating training and maintenance of their training skills.

CHEMICAL AGENTS
Equipment Type: Canisters or projectile rounds containing chemical agents that are released when deployed
Quantity Owned: 675 Lifespan: 5 Years
Equipment Capabilities: Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size.

Manufacturer Product Description: Examples of chemical agents include CN, CS and OC. Delivery methods include Ferret rounds, blast dispersion rounds/canisters, burning canisters and barricade penetrating rounds.

Defense Tech SPEDE-HEAT Pyro Burning CS gas
Canister

Quantity: 10

Defense Tech HAN-BALL Pyro Burning CS gas

Quantity: 20

Defense Tech Flameless Tri-Chamber Pyro Internal
Burn CS gas

Quantity: 10

CTS Indoor 5230B Pyro Indoor Safe CS gas with dense
cardboard to prevent heat/outside flame

Quantity: 25

Defense Tech Aerosol Vapor Non-Pyro OC gas

Quantity: 25

Defense Tech Maximum Smoke Pyro high volume
white smoke

Quantity: 10

CTS 40mm Liquid Ferret Rounds Non-Pyro CS gas
Launchable Munition with instantons delivery once
ruptured

Quantity: 100

Defense Tech 40mm Direct Impact OC Direct impact
OC gas

Quantity: 100

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Pepperball Pepper ball live projectiles .2% PAVA Quantity: 375 Purpose:

Chemical agenda are to be used exclusively by SRT team members. Generally, during high-risk tactical incidents, chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police and the suspect.

Chemical agents can be also used to prevent an armed suspect from accurately firing at citizens and/or officers.

Uses: Chemical agents may be used for crowd control, crowd dispersal or against barricaded suspects in certain circumstances. Only the Patrol Sergeant, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed.

Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control and in accordance with the following requirements of Penal Code § 13652:

(a) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed.
(b) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (c) Individuals are given an objectively reasonable opportunity to disperse and leave the scene.
(d) An objectively reasonable effort has been made to identify individuals engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of individuals.
(e) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (f) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets.
(g) An objectively reasonable effort has been made to extract individuals in distress. (h) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (i) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs.
(j) Kinetic energy projectiles or chemical agents shall not be used solely due to any of the following:

1. A violation of an imposed curfew.

2. A verbal threat.
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3. Noncompliance with a law enforcement directive.
(k) If the chemical agent to be deployed is tear gas, only an Incident Commander at the scene of the assembly, protest, or demonstration may authorize its use.

Fiscal Impact: Initial Cost $5,000 Annual Maintenance Cost: $3,000 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control. Proficiency training must be conducted and documented by a Department approved instructor.

LESS LETHAL IMPACT DEVICES & KINETIC ENERGY

PROJECTILES
Equipment Type: Less than lethal tool to launch impact rounds Quantity Owned:

Less lethal impact devices: (35) Thirty-five

Kinetic energy projectiles: 700
Lifespan:

10 Years and dependent on operational
usage

5 Years
Manufacturer Product Description, Capabilities, Quantity, Cost:

Remington 870 Bean Bag Shotgun Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.

QUANTITY: 17
INITIAL COSTS: $550

Remington 870 Chemical Shotgun (Exclusive to trained SWAT operators) Beanbag shotguns are capable of firing a 12-gauge beanbag round with a maximum effective range of sixty feet.

QUANTITY: 2
INITIAL COSTS: $550

Penn Arms 40mm, 6-cylnder Pump Multi-Launcher Capable of firing a variety of munitions with a maximum effective range of 120 feet. The launchers can deliver munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 3
INITIAL COSTS: $1,531 each

Penn Arms 40mm, single-shot launcher Capable of firing a variety of munitions with a maximum effective range of 120 feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined QUANTITY: 7
INITIAL COSTS: $1,302 each

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FN 303 Launcher The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining
QUANTITY: 4
INITIAL COSTS: $1,299 each

Federal Laboratories 37mm The long range projectile has a 150 yard range (Decommissioned)
QUANTITY: 2
INITIAL COSTS: $299 each

Defense Tech 40mm Exact Impact Round -
6325 Safe Range 5 ft 131 ft; 325 fps
6325-A (Marking) Safe Range Open 5 Ft 131 Ft 315 fps
Closed 131 Ft 230 Ft; 425 fps
QUANTITY: 150
INITIAL COST: $3,000

Defense Tech 12 gauge Bean Bag Drag Stabilized round / Safe Range 20 ft 75 ft, 270 fps, tear shaped bag filled with #9 shot
QUANTITY: 250
INITIAL COST: $1,000

CTS 12 gauge Bean Bag Super-sock round / Effective Range up to 75 ft, 270-290 fps, shot filled ballistic fiber
QUANTITY: 300
INITIAL COST: $1,200

Purpose: This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely.

Uses: The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.

situation safely and effectively under control and in accordance with the following requirements of Penal Code § 13652.

1. A violation of an imposed curfew.

2. A verbal threat.

Less lethal impact devices and kinetic energy projectiles shall not be used in the following circumstances:

On a person who is under restraint

Within 20 feet or a distance that could cause death or serious bodily injury On a person only engaged in non-compliance or passive resistance On a person who has made credible threats to harm themselves but is not imminently carrying out this threat

Fiscal Impact: Initial cost Listed above Annual Maintenance Cost: $0 Legal/Procedural Rules Governing Use: It is the policy of the Richmond Police Department to utilize the less lethal impact devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Only personnel trained and having shown proficiency in the use of any control device are authorized to carry the device. Proficiency training must be conducted and documented by a Department approved instructor.

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA ACCEPTING THE 2023 ANNUAL MILITARY EQUIPMENT REPORT; DETERMINING THAT THE POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT IN 2023 COMPLIED WITH THE DEPARTMENT ’S MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE POLICY 707 AND APPLICABLE STATE LAW; AND DETERMINING THAT POLICY 707 WILL BE ACCEPTED WITH THE AMENDED CHANGES.

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481") now codified in California Government Code Sections 7070 through 7075, relating to the use of military equipment by law enforcement in California; and WHEREAS, requires the Richmond Police Department to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring, collaborating with other jurisdiction about the deployment of military equipment, or using military equipment; and
WHEREAS, on October 18, 2022, the City Council adopted Ordinance 12-22 approving the Police Department ’s Policy 707: Military Equipment Use Policy ; and

WHEREAS Policy 707 adheres to the requirements of California Government Section 7070 et. seq. with respect to the funding, acquisition, and use of military equipment; and

WHEREAS, Policy 707, Ordinance 12 -22, and Government Code Section 7072 require s the City to publish annually a military equipment report for the prior calendar year . This report summarizes the use of each type of military equipment approved by Policy 707, any complaints or concerns received about the military equipment, provides the results of any internal audits and information about violations of Policy 707, and any actions taken in response, provides the total annual cost for each type of approved military equipment and the source of funds for military equipment in the upcoming year, and inventories the quantity of each type of military equipment possessed and listing the quantity to be acquired in the upcoming year; and

WHEREAS, in addition, Policy 70 7, Ordinance 12-22, and Government Code section 7072 requires the Police Department to hold annually at least one well -publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the military equipment annual report; and

WHEREAS, under Government Code Sectio n 7071(e)(1-2), the City Council must annually review Policy 70 7 and the military equipment annual report and determine whether each type of military equipment identified in the report has complied with all of the following standards: (1) The military equi pment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; (2) Policy 707 will safeguard the public ’s welfare, safety, civil rights, and civil liberties; (3) If purchasing equipment identified in the Policy, the equipment is reasonably cost effective 1266

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compared to available alternatives that can achieve the same objective of officer and civilian safety; and (4) Prior military equipment use complied with the militar y equipment policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and

WHEREAS, after reviewing t he military equipment annual report, and Policy 70 7, under Government Code Section 7071(e)(1), the City Council must vote annually whether to continue Policy 70 7 without change or direct staff to return at a future City Council meeting with a proposed ordi nance for the City Council ’s consideration to amend or repeal Policy 70 7 and Ordinance 12-22; and

WHEREAS, on February 2, 2024, the Police Department published its 2023 Annual Military Equipment Report to its website; and

WHEREAS, on February 5, 2024, the Police Department presented the 2023 Annual Military Equipment Report to the Richmond Police Department ’s Community Engagement meeting via Zoom and notice of that meeting was publicized on the City ’s and Police Department’s websites on January 24, 2024; and

WHEREAS, the Police Department retains and employs limited military equipment to safeguard the safety of the public and staff, and there are no tools or resources that are reasonable alternatives to achieve the same safety objectives than us e of the military equipment listed in the Policy; and

WHEREAS, Policy 707 safeguards the public ’s welfare, safety, civil rights, and civil liberties; and

WHEREAS, the Police Department adheres to the City ’s purchasing policies when purchasing military equipment; and

WHEREAS, an audit of the Police Department ’s use of military equipment in 2023 concluded that the use fully complied with Policy 70 7.

NOW, THEREFORE, BE IT RESOLVED that the foregoing recitations are true and correct, and are included herein by reference as findings;

BE IT FURTHER RESOLVED that the City Council of the City of Richmond accepts the 2023 Annual Military Equipment Report;

BE IT FURTHER RESOLVED that based on the 2023 Annual Military Equipment Report, Ordinance 12-22 N.S, and Policy 70 7, the City Council determines as follows:

1. Each type of military equipment identified in Policy 70 7 is necessary because there is no reasonable alternative that can ach ieve the same objective of officer and civilian safety;

2. Policy 707 will safeguard the public ’s welfare, safety, civil rights, and civil liberties;

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3. The equipment described in Policy 70 7 is reasonably cost-effective compared to available alternatives that can achieve the same objectives of officer and civilian safety; and

4. The Department ’s use of military equipment has complied with Policy 70 7 and the projected acquisition request for 2024 is approved.

BE IT FURTHER RESOLVED that the City Council of the City of Richmond accepts the amended definitions of “Barricaded Suspect ” and “High-Risk Warrant Services. ”

BE IT FURTHER RESOLVED that the City Council of the City of Richmond accepts the amended criteria for SWAT Commander ’s authorization of Flashbang use.

BE IT FURTHER RESOLVED that the City Council hereby determines that Richmond Police Department Policy 70 7: Military Equipment Use Policy – which was approved by City Council upon adoption of Or dinance 12-22 on October 18, 2022 – shall be accepted with the amended changes.

*******

ADOPTED this 17th day of December , 2024, by the following votes:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF

RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.

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Clerk of the City of Richmond
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1 RICHMOND, CALIFORNIA,

May 7, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order by Mayor Eduardo Martinez at 4:36 p.m.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Absent:

Councilmember Cesar Zepeda was absent the entire meeting due to a family medical emergency.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Juan Contreras v. City of Richmond, et al.
• Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
• Hanlees Hilltop Buick et al. v. City of Richmond
C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
• Title: Confidential Investigative & Appeals Officer C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
None.

E. ADJOURN TO CLOSED SESSION
There being no further business, the meeting adjourned at 4:38 p.m. 1270

2 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 6:35 p.m. by Mayor Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Mayor Eduardo Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez. Absent:

Councilmember Cesar Zepeda was absent the entire meeting due to a family medical emergency.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item Q.1 - (Resolution in Support of the Implementation of Golden State Energy, a Not-for-Profit Utility) was moved to be heard before Item P.1 - (Acknowledge Receipt of the Draft Fiscal Year (FY) 2024-25 Operating, FY 2024-29 Five-Year Capital Improvement Plan Budgets, and Five-Year Forecast).

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Juan Contreras v. City of Richmond, et al.Discussed. Settlement agreement was authorized.• Winehaven v. City of Richmond - A status report was given. No reportable action was taken.• Guidiville Rancheria of California, et al. v.

United States of America, et al.• North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond• Hanlees Hilltop Buick et al. v. City of Richmond - A status report was given. No reportable action was taken.

C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
o Title: Confidential Investigative & Appeals Officer
Item discussed. No reportable action taken.

C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Not discussed.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
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3 City Manager Shas Curl reported the following: the Employee Appreciation event was on April 18, 2024, at the Civic Auditorium; Park RX Day was on April 27, 2024 at Nicholl Park; the Cinco de Mayo festival was on May 5, 2024; the Civic Center Farmer's Market was moved to the front of the Richmond Main Library beginning Friday, May 10, 2024 from 8:00 a.m. to 5:00 p.m.; the Department of Children & Youth Community Vision Event was on Thursday, May 9, from 5:30 p.m. to 7:30 p.m. at the Richmond Auditorium; the Community Needs Assessment Survey would close on Thursday, May 9, 2024, at 11:59 p.m.; Career Fair hosted by Fairmede Neighborhood Council and Hilltop Community Church was on Saturday, May 18, 2024, from 10:00 a.m. to 1:30 p.m.; Juneteenth would be on Saturday June 22, 2024, 10:00 a.m. to 6:00 p.m. at Nicholl Park.

Vendors interested in signing up could visit
https://www.ci.richmond.ca.us/CivicAlerts.aspx?AID=2407.

L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Human Resources Director Sharrone Taylor presented the following New Employee Report: Perla Pasayes, Administrative Student Intern, City Manager's Office; Nikansha Maharaj, Associate Administrative Analyst, Community Development; Roxanna Jimenez, Office Assistant, Rent Program; Matthew Neuebaumer, Senior Planner, Community Development; Melody Becerra, Communications Dispatcher I, Police Department; Catalin Kaser, Public Services Support Librarian, Library; Norma Layton, Public Services Support Librarian, Library; Jorge Navarrete, Building Inspector, Community Development; Bret Kendrick, Jailer, Police Department; Erica Hellmold, Police Administrative Manager, Police Department; Nicole Betancourt, Communications Dispatcher II, Police Department; Armaan Sharma, Administrative Student Intern, Community Services-Recreation; Demarea Mabon, Maintenance Aide II, Public Works; Curtis Nicks, Maintenance Aide II, Public Works; Cinthia Gutierrez, Recreation Program Leader, Community Services-Recreation; Nathetta Pree, Recreation Program Leader, Community Services-Recreation; Carl Coleman; Jimmiesha Robison, Recreation Program Aide, Community Services-Recreation.

Promotions: Estevan Berumen, Equ8pment Operator, Public Works; Patrick Seals. Administrative Chief, City Manager's Office; Bryan Rodriguez, Maintenance Worker II, Public Works; Lorenzo Apodaca, Fire Engineer, Fire Department; Victor Garcia, Fire Engineer, Fire Department; Steven Montes, Fire Engineer, Fire Department; Robert Okumura, Fire Engineer, Fire Department.

Firefighter Recruits: Clayton Calagari, Misaei Hernandez, Tanner Moody, Alex Otani, Jamison Patanapanich, Andrew Pearce, Fernando Ramirez, Ezequiel Zepeda Lomeli. Police Officer Recruits: Jessica Bruzzone, Nicholas Okodogbe, Raul Reyes, Sharif Wally.

Upcoming Events: Public Works Week was on May 19-25, 2024.

M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum) Vice Mayor Jimenez thanked city staff for organizing the recent Employee Appreciation Day event. Vice Mayor Jimenez also thanked the First Advocates organization for organizing the Humphrey Playlot beautification event and stated that the Cinco de Mayo festival was amazing and thanked all city staff involved.

Councilmember McLaughlin reported that she attended the Safe Organized Spaces (SOS) Richmond party, the Marina Bay Farmer's Market, and the Cinco de Mayor festival.

Councilmember McLaughlin also announced the following upcoming events: Richmond Shoreline Alliance launching a self-directed online tour of the contaminated Zeneca property on Saturday, May 11, 2024, from 11:00 a.m. to 1:00 p.m. at the South 51st 1272

4 Street and Channel Avenue; the Crescent Park Peace Party was on Saturday, May 11, 2024, from 1:00 p.m. to 4:30 p.m.at the Crescent Park Resource Center at 5004 Hartnett Avenue.

Councilmember Bana expressed her gratitude to the fire chief and the fire department for the fire recruit graduates. Councilmember Bana also thanked the fire department for putting out the Local Hazard Mitigation Plan and stated that Governor Newsom declared this week as "Fire Prevention Week" in California.

Councilmember Willis thanked city staff involved for assisting with the 24th Street Corridor Block Party to help address human trafficking. Councilmember Willis also thanked the city manager for organizing the Employee Appreciation Day Event.

Councilmember Robinson thanked city staff for their great work and for organizing the Employee Appreciation Day event. Councilmember Robinson also reported that the Richmond Certified Farmers Market would be moved to the front of the Richmond Main Library every Friday. The Historic Preservation Commission discussed new recommendations regarding the Mills Act and potential tax incentives for the maintenance of historic homes.

Mayor Martinez praised staff and city council for working much better together.

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Cordell Hindler thanked Mayor Martinez for filling vacancies on the boards and commissions. Mr. Hindler also suggested that presentations should be limited to two per meeting and also requested that the city council schedule a joint meeting with the West Contra Costa Unified School District.

Fayza gave comments regarding current world events and the loss of humanity and respect.

Miss Richmond USA Alize Johnson gave comments about her qualifications and her plans as Miss Richmond.

Robert Cheasty gave comments regarding Point Molate Alliance and toxic conditions at the Zeneca site.

Members of Richmond Heavy Hitters Baseball team. Hector Zavala, Lucas Zavala, Erika Cruces, Maria Calderon-Pena, and Lorenzo Calderon-Pena, gave comments regarding the deteriorated and hazardous conditions of Nicholl Park and asked the city to assist in picking up garbage, fill holes in the grass, and repair the bleaches.

Mark Wassberg gave comments regarding Israel and Hamas.

Rick Perez and Patricia Perez invited the city council and the community to a garbage receptacle dedication event in memory of Pedie Perez in front of Sam's Liquors on Saturday, May 18th at 2 p.m. at Uncle Sam's Liquors.

Jamin Pursell stated that language interpretation services were needed at city council meetings. Mr. Pursell also invited the community to the toxic tour at the Zeneca site on Saturday May 11, 2024.

Michael Simon gave comments regarding a vehicle code issue he had with a Richmond police officer.

Kimberly Graves gave comments regarding landlords and the difficulty of homeowners not being able to move back into their own home due to rent control regulations. 1273

5 O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Doria Robinson

Ayes (6): Councilmember Soheila Bana, Councilmember Gayle McLaughlin, Councilmember Doria Robinson, Councilmember Melvin Willis, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez
Absent (1): Councilmember Cesar Zepeda
Passed (6 to 0)

O.1 City Attorney's Office
O.1.a Point Molate Mixed Use Project SEIR and Land Use Approvals ADOPT a Resolution setting aside City Council Resolution No. 97-20 and Ordinance Nos. 22-20 and 23-20 for the Point Molate Mixed Use Development Project in compliance with the Writ of Mandate issued in North Coast Rivers Alliance, et al. v. City of Richmond, et al., Contra Costa County Superior Court Case No. N20-1528 (Consolidated With Case No. N20-1474) – City Attorney’s Office (Dave Aleshire 510-620- 6509).

Adopted Resolution No. 34-24.

O.2 City Clerk's Office
O.2.a Cancellation of the July 16 and 23, 2024, Regular City Council meetings APPROVE the cancellation of the July 16 and 23, 2024, Regular City Council meetings and APPROVE the early start of the Richmond City Council recess to begin Tuesday, July 16, 2024; Council will reconvene regular meetings on Tuesday, September 10, 2024 - City Clerk’s Office (Pamela Christian 510-620-6513).

O.2.b City Council Meeting Minutes
APPROVE the minutes of the March 19, 2024, April 2, 2024, and April 16, 2024, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

O.2.c Certification of Sufficiency of Initiative Petition titled “Richmond Election Reform Act” Charter Amendment (“Initiative”)
RECEIVE the Certificate of Sufficiency of Initiative Petition indicating that the Initiative petition entitled “Richmond Election Reform Act” has a sufficient number of valid signatures to be submitted to the voters – City Clerk’s Office (Pamela Christian 510-620-6513).

O.3 Economic Development
O.3.a Processing Building Window Covering Completed as an Emergency Repair
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6 APPROVE an emergency construction agreement with Alten Construction, LLC. in the amount of $150,000, for installing sheeting at the Processing Building, for a term ending June 30, 2024 – Economic Development Department (Charles Gerard 510-620-6792).

O.3.b 2024 Pavement Repair
ADOPT a resolution allowing the transfer of $136,750 between projects in the Port’s Fiscal Year 2023-2024 Budget; and APPROVE a construction agreement with W.R. Forde and Associates, Inc., in the amount of $286,750, for improvements and maintenance at the Point Potrero Marine Terminal, for a term ending June 30, 2025 – Economic Development Department (Nannette Beacham/Charles Gerard 510-620-6792).

Adopted Resolution No. 35-24.

O.3.c Cal Trans Beautification Grant Mural Project
APPROVE a sole-source art contract with Rebecca Garcia-Gonzalez, in an amount not to exceed $310,000, to implement the Richmond Art and Lighting Project, funded by the Caltrans Beautification Grant, to restore two existing murals and design and install two new murals, with a term beginning March 5, 2024, through December 31, 2024 – Economic Development Department (Winifred Day 510-620-6952).

O.4 Finance Department
O.4.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of March 2024
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of March 2024 – Finance Department (Andrea Miller 510-620-6740).

O.4.b Tax Rate for Tax Override Pension Fund
INTRODUCE an Ordinance (first reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2024-2025 at 0.14 percent – Finance Department (Andrea Miller/Mubeen Qader/ Antonio Banuelos 620-6741).

O.5 Fire Department
O.5.a Sole-Source Contract with Matrix Consulting Group APPROVE a sole-source agreement with the Matrix Consulting Group to conduct an Advanced Life Support/Paramedic First Responder Feasibility Study, for a total project cost of $39,500, for a term beginning May 1, 2024, and ending April 30, 2025 – Fire Department (Chief Michael E.

Smith 510-307-8041/Deputy Chief Aaron Osorio 510-307-8021).

O.6 Human Resources
O.6.a Raftelis Contract Amendment #2 to Increase the Contract Limit and Appropriate Funding as Required
APPROVE a second contract amendment with Raftelis Financial Consultants, Inc. to increase the contract limit up to $20,000, for an amount not to exceed $220,000; and APPROPRIATE funding as required – Human Resources Department (Nickie Mastay 510-620-6609/Sharrone Taylor 510-620-6602).

O.7 Information Technology
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7 O.7.a Sole-Source Contract with Superion, LLC for the Continued Licensed Use of the TRAKiT System
APPROVE a one-year sole-source contract with Superion, LLC for the continued licensed use of the TRAKiT permitting, business licensing, code enforcement, and Citizen Response Management (CRM), for the term from April 1, 2024, through March 31, 2025, for the contract payment limit of $56,609.22 – Information Technology Department (Sue Hartman 510-620-6874).

O.8 Library and Community Services
O.8.a Approve a Contract for Construction of an Electric Bookmobile for Richmond Public Library
APPROVE a contract with Farber Specialty Vehicles in the amount of $609,418 for construction and delivery of a new all-electric Bookmobile for Richmond Public Library, with a term beginning May 8, 2024, and ending May 8, 2027; and AUTHORIZE the Deputy City Manager of Community Services - Library to approve contingencies not to exceed five percent of the total contract – Community Services Department (LaShonda White 510-620-6828/Kate Eppler 510-620-5452/Christopher Larsen 510-620-5524).

O.8.b Bus Transportation for 2024 Summer Camp Excursions APPROVE a contract with First Student, Inc. to provide bus transportation services to the City of Richmond Community Services-Recreation Division for 2024 summer camp excursions, in an amount not to exceed $20,000, and for a term beginning July 1, 2024, and ending December 31, 2024 – Community Services Department (LaShonda White 510-620- 6828/Ranjana Maharaj 510-620-6972/Troy Porter 510-620-6919).

O.8.c Standard Contract with NOMAD Transit to Expand City-wide Shuttle Service
APPROVE a sole-source contract with Nomad Transit, LLC (Via) for expanded city-wide shuttle service through Richmond MOVES, for a not- to-exceed contract limit of $6,235,000, and a term from March 1, 2024, through July 7, 2027 – Community Services Department (LaShonda White 510-620-6828/Lori Reese 510-620-6869).

O.9 Mayor's Office
O.9.a Richmond Arts and Culture Commission Appointment
APPOINT Yeymi Perez Richmond to the Richmond Arts and Culture Commission, Term Expires June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.9.b Historic Preservation Month
PROCLAMATION recognizing May as Historic Preservation Month and encouraging residents to explore our landmarks, engage with history, and support preservation efforts – Mayor Eduardo Martinez (510-620-6503), Councilmembers Doria Robinson (510-620-6593) and Soheila Bana (510- 620-6743).

O.9.c Pedro Ruiz Youth Council Appointment
APPOINT Pedro Ruiz to the Youth Council, term expires October 1, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503). 1276

8 O.10 Police Department
O.10.a First Contract Amendment for Security Guard Services at Point Molate APPROVE a first contract amendment in the amount of $515,000, which includes an approximate 3.5 percent contingency for extra coverage as needed, with Universal Protection Service, LP for guard services at Point Molate site, for a new total contract amount not to exceed $1,103,229, with an extended contract term through June 30, 2026 – Police Department (Chief Bisa French 510-621-1802).

O.10.b Second Amendment with Richmond Rod and Gun Club for Shooting Range Rentals
APPROVE a second contract amendment with Richmond Rod and Gun Club in the amount of $45,000, for a new total contract amount not to exceed $120,000, with an extended term through June 30, 2026, for shooting range facility rentals – Police Department (Chief Bisa French 510-621-1802).

O.10.c Time and Attendance Services for Richmond Police Department provided by InTime Services Inc.

APPROVE a five-year contract with InTime Services Inc. for time and attendance tracking, asset tracking, and training document management, in a total amount not to exceed $165,000, which includes a $1,700 contingency, for the contract term starting July 1, 2024, through June 30, 2029 – Police Department (Chief Bisa French 510-621-1802).

O.10.d Pet Food Express LLC Pet Supply Purchases
APPROVE a three-year purchase order for Pet Food Express LLC, in a total amount up to $45,000, for police canine supply orders, to include canine food, training treats, toys, and hygiene products – Police Department (Chief Bisa French 510-621-1802).

P. BUDGET SESSION
P.1 Acknowledge Receipt of the Draft Fiscal Year (FY) 2024-25 Operating, FY 2024-29 Five-Year Capital Improvement Plan Budgets, and Five-Year Forecast
ACKNOWLEDGE receipt of the draft Fiscal Year 2024-25 Annual Operating Budget and Fiscal Year 2024-29 Five-Year Capital Improvement Plan; and REVIEW the budget adoption schedule – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/LaShonda White/Andrea Miller/Mubeen Qader 510-412-2077).

City Manager Shasa Curl gave an overview. Finance Director Andrea Miller, Revenue Manager Antonio Banuelos, and Deputy Finance Director Mubeen Qader presented a PowerPoint, which highlighted the following: FY2024-25 Budget Development Schedule; FY2024-35 Budget Development Schedule; Financial Headwinds; What's in store for California's Economy; Latest Federal Reserve Policy; General Fund Revenue assumptions; General Fund Revenues; FY2024-25 General Fund Revenues; General Fund Expenditure Assumptions; General Fund Expenditures; FY2024-25 General Fund Expenditures; General Fund FY2024-25 Draft Budget; Additional Funding Request by Fund; General Fund Five Year Forecast; Revenue Assumptions; Expenditure Assumptions; Five Year Financial Forecast; FY2024-25 Budget Development Schedule. 1277

9 Cordell Hindler and Heather Bristow gave comments in person. Jessi Taran, Elise Heikkinen, Jim Hanson, Kelsy Linnett, and John Emery gave comments via Zoom.

Discussion ensued. Mayor Martinez requested that councilmembers send questions to staff via email. City council requested staff provide the following:
that projections for revenues and expenditures for Utility Users Tax on page 22 should read 3.6% plus; determine if Caltrans was responsible for maintaining freeway on and off ramps; provide bar charts in future budget reports; allocate funds for park maintenance and amenities; conduct a Rental Inspection Ordinance update; identify unhoused issues that are covered under county responsibility and determine building infrastructure strategy for the unhoused; conduct a traffic safety and infrastructure study, detail what staff requested in the unfunded "wish list" category, which was mainly for staffing, equipment, and professional services and include additional information on assumptions; amounts for cost pool categories in writing, amount of staff, projects, and how many projects were being worked on at once.

Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Melvin Willis

Q. NEW BUSINESS
Q.1 Resolution in Support of the Implementation of Golden State Energy, a Not- for-Profit Utility
RECEIVE a presentation from the organization Co-Director of Reclaim Our Power Shayna Navanani coalition; ADOPT a resolution in support of the implementation of Golden State Energy; and DIRECT STAFF to send the attached letter of support to Senator Skinner, Assemblymember Wicks, and Governor Newsom — Mayor Eduardo Martinez (510-620-6503), Vice Mayor Claudia Jiménez (510-620-6565), and Councilmember Doria Robinson (510-620- 6568).

Councilmember Robinson gave an overview of the matter. Shayna Navanati Co- Director and researcher from Reclaim Our Power presented a PowerPoint presentation which highlighted the following: Reclaim our Power: Utility Justice Campaign; SB-350 The Golden State Energy Act (2020); Golden State Energy as a provider of last resort; Publicly accountable financing; California's electricity prices are high; Public control of the transmission system; Mandate for Just Transition; Questions for further research.

Jamin Pursell, Scott Brown, Selena Feliciano, and Paul Ehara gave comments in person. Nyah Tisdell, Raymond Wendell, Marisol Cantu, Emily Ross, and Hernando Sanchez gave comments via Zoom.

Discussion ensued.

A motion to direct staff to send a letter of support was made by Vice Mayor Jimenez, seconded by Councilmember Willis.
1278

10 Adopted Resolution No. 36-24.

Motion by Vice Mayor Claudia Jimenez
Seconded by Councilmember Melvin Willis

Q.2 AB 481 “Military Equipment Use” Annual Report
ADOPT a resolution (1) accepting the 2023 Annual Military Equipment Report, (2) determining that the Police Department’s use of military equipment in 2023 complied with the Department’s Military Equipment Policy No. 707 and state law, and (3) determining that Policy 707 will be continued without change - Police Department (Bisa French 510-621-1802).

Police Chief Bisa French gave an overview and Captain John Lopez presented a PowerPoint, which highlighted the following: Introduction and Mission; What is Assembly BIll 481; What Military Equipment means; Purpose of the equipment; RPD's Equipment Inventory; Mobile Command Center; Breaching Shotguns; Rifles, SMG's, Chemical Agents, Flashbangs, Kinetic Energy/Less Lethal platforms; Equipment use summary; Projected acquisitions for 2024; Summary of complaints or concerns from 2023; Fiscal impact; and Training cost. Discussion ensued.

Jamin Pursell gave comments in person. Raymond Wendell, John Poland, Emily Ross, Deborah Small, Sara Cantor, Marisol Cantu, Angela Aranda, Domemichi, Genie Stowers, and Carmen gave comments via Zoom.
(At 10:58 p.m. a motion was made by Councilmember Willis, seconded by Councilmember Bana to extend the meeting for 15 minutes. A substitute motion was made by Vice Mayor Jimenez, seconded by Councilmember McLaughlin, extended the meeting until the conclusion of Item Q.2., passed by the following vote: Ayes: Councilmembers McLaughlin, Robinson, Vice Mayor Jimenez, and Mayor Martinez. Noes: Councilmembers Bana and Willis. Absent:

Councilmember Zepeda. Abstain: None).

Further discussion ensued.
(At 11:29 p.m. a motion made by Councilmember McLaughlin, seconded by Vice Mayor Jimenez, suspended the rules and extended the meeting until the conclusion of Item Q.2., passed by the following vote: Ayes: Councilmembers Bana, McLaughlin, Robinson, Willis, Vice Mayor Jimenez, and Mayor Martinez.

Noes: None. Absent: Councilmember Zepeda. Abstain: None).

A motion made by Councilmember McLaughlin, seconded by Vice Mayor Jimenez directed staff to amend the resolution and the military equipment use policy as follows:

Directed staff to amend the resolution and military equipment use policy:
● to define use to include “deploy, display and discharge” ● direct staff to amend the authorized uses of flashbangs to 1279

11 ○ Add a definition for “barricaded suspect”
○ Add a definition for “high risk warrant services”
○ Replace “When the SRT Commander or SWAT Commander deems their use necessary” with the criteria used to make that determination ● direct staff to bring forth the amended resolution to the City Council at the next meeting
Vice Mayor Jimenez made a friendly amendment to direct staff to include a description for each use of military equipment in all future annual military equipment reports. This description shall include the location of use, demographics of persons impacted by the use, including age, gender, race, and disability status, and whether the persons impacted may be unhoused and whether they understand English.

And also, to direct staff to comply with California Government Code Section 7072(a)(4) in all future annual military equipment reports. Staff shall include in all future annual military equipment reports the total annual cost for each type of military equipment, including personnel time associated with acquisition, training, transportation, and maintenance. This motion is not for immediate implementation, but rather to identify needed resources to implement it.

Councilmember McLaughlin accepted the friendly amendment.

Motion by Councilmember Gayle McLaughlin
Seconded by Vice Mayor Claudia Jimenez

R. ADJOURNMENT
There being no further business, the meeting adjourned at 12:08 a.m., in memory of Cindy Biteman, a Richmore Village Resident; Beryl Golden, member of the Shoreline Committee Working Group; and Audrey Jenkins, resident of Heritage Park and a member of ACCE, to meet again on Tuesday, May 21, 2024.

Clerk of the City of Richmond Mayor

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November 19, 2024

Police Department

DATE: November 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Sanctuary City Compliance Exception for software
applications by LexisNexis
FINANCIAL IMPACT: No financial impact for approval of the waiver.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

LexisNexis acquired three software applications currently used by Richmond Police Department Staff. LexisNexis
is now the only software application provider. LexisNexis stated that they cannot comply with our Sanctuary City
Compliance requirements; therefore, Richmond Police
Department staff is requesting an exception waiver that only the City Council can approve granted no alternative service, or product, exists.

RECOMMENDED ACTION:

APPROVE a request for LexisNexis to waive the
requirement to sign and comply with the Sanctuary City
Compliance form, in order for LexisNexis to provide
software application services to Richmond Police
Department staff – Police Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
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November 19, 2024
DISCUSSION:

The Richmond Police Department (RPD) is currently using software to assist with analyzing cell phone data, traffic collision report and collision report fulfillment services, and an online reporting system that allows citizens to file a report for insurance purposes. The use of these software applications has drastically reduced staff time and effort which is helpful for a department struggling with hiring enough staff to maintain minimum staffing levels. By shifting the otherwise manual work to an electronic self- reportable format, staff can address other urgent community and safety concerns.

The three (3) programs impacted are:

Accurint TraX
Accurint TraX is a software tool to assist law enforcement and investigative professionals in processing and analyzing call detail records and cell site locations from mobile phone data. The tool can import various large formats of call detail record data obtained through legal process, making it easier to interpret the data from different phone carriers. The tool allows users to filter and search through large datasets efficiently, enabling targeted investigations. The system can help create a timeline of events by showing when calls were made and is critical in helping to establish an offender’s whereabouts during a crime and assisting in public safety on locating missing persons.

Accurint TraX is essential in assisting with generating detailed reports that are used in court expert testimony to explain the findings from the call detail record analysis including cell site locations of offender’s whereabouts during the time of the crime.

Proper handling and analysis of call detail records are crucial for ensuring that the evidence is admissible in court, requiring clear documentation of how the data was obtained and analyzed through the software program. Accurint TraX serves as a powerful tool in the judicial process, providing data-driven evidence that can significantly influence the outcome of cases including prosecution of offenders. The findings are also crucial in emergency situations such as assisting in locating an at-risk missing person.

Without Accurint TraX, it would be challenging to analyze the large amount of data of call detail records in a timely manner to assist with locating offenders’ location during the commission of a crime or locating an at-risk missing person. Cell site data can be extensive and manually processing this data is time-consuming and prone to error.

Presenting data in an easily interpretable format like maps, is challenging without visualization tools. Using Accurint TraX can significantly simplify these challenges, providing tools for analysis, visualizing, and modeling.

Coplogic
Coplogic is an online reporting tool that allows citizens to submit an online report (where there are no suspects) and print a copy of the police report for free. This essential tool enables citizens to quickly file a police report for insurance purposes, or to report a financial crime where there are no known suspects. In addition, citizens can also use 1282

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November 19, 2024
this system to request a collision report online for a nominal fee, instead of coming to the Hall of Justice Records Division and manually requesting a copy. Fees are collected from the requestor and the fees are used to offset the cost of the software and services.

Crossroads
Prior to Crossroads, Officers that must respond to collisions were required to handwrite a paper form. Crossroads is a digitized version of this electronic form that meets the requirements for documentation. In addition, Crossroads has electronic validation that minimizes errors improving accuracy, and is quicker and more readable than its handwritten predecessor. The Crossroads system has a collision reporting system that allows a supervisor to electronically review and approve the report and is integrated into the Police Department’s Computer Aided Dispatch (CAD) and Records Management Systems (RMS). In addition, citizens can also use this system to request a collision report online for a nominal fee, instead of coming to the Hall of Justice Records Division and manually requesting a copy. Fees are collected from the requestor and the fees are used to offset the cost of the software and services.

BACKGROUND:

Sanctuary City Ordinance No. 12-18 N.S:

RPD staff has been using these three Software as a Service (SaaS) providers noted above for the last few years to help combat low staffing and to provide quicker response times through automation. Recently, LexisNexis completed the purchased with the individual company owners, consolidating them under one parent company. While discussing a contract with LexisNexis for these services, LexisNexis informed RPD staff that they would not be able to sign the Sanctuary City Policy Form because Lexis Nexis’s current customers include Department of Homeland Security and Immigration and Customs Enforcement.

Ordinance No. 12-18 N.S, known as the Sanctuary City Contracting and Investment Ordinance, prohibits any officer, employee, department, board, commission, City Council, City Manager, or other entity of the City to enter into a new, amended, or extended contract or agreement with, any Person or Entity that provides ICE with and “Data Broker” or “Extreme Vetting” services, unless the City Council makes a specific determination that no reasonable alternative exists, taking into consideration the following:

a) The intent and purpose of this ordinance;
b) The availability of alternative services, goods and equipment, and c) Quantifiable additional costs resulting from use of available alternatives.

As noted above, RPD staff uses three software services recently acquired by LexisNexis; Accurint TraX, Coplogic, and Crossroads. The intent and purpose of using the software is to ensure investigators have access to relevant “real” data, to allow citizens to file police reports for insurance purposes timely, and to eliminate paper and 1283

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November 19, 2024
bottlenecks when authoring, approving, or requesting traffic collision reports. There are no known alternatives viable for use by RPD staff and therefore there is no quantifiable cost that would be incurred using an alternative (there are no alternatives – the information and platforms are proprietary).

RECOMMENDATION:

The Police Department has been using Coplogic and Crossroads for over 5 years, but recently both companies were bought out by LexisNexis. There are no other known providers of this service. The Police Department is recommending City Council approve an exception request for LexisNexis in order to continue providing automated services and access to a proprietary database on accessible by a contract with LexisNexis.

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Page 1 of 3 ends

December 17, 2024

Police Department

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police
Eric Smith, Captain

Subject:

Second Contract Amendment with Axon Enterprise
FINANCIAL IMPACT: The contract amendment will not have an impact on the current budget. For the subsequent five-year extension
(beginning the fiscal year 2025-26 to 2030-31), the cost to the city will not exceed $5,000,000, which includes a

7.4% contingency (providing a total cost savings of
$1,886,504.54 if the amendment is executed before
December 31, 2024), and will be budgeted for
appropriately – account string 01191021-400209.

PREVIOUS COUNCIL
ACTION:

10/18/2016
12/20/2020

STATEMENT OF THE
ISSUE:

The City of Richmond Police Department s taff is
requesting authorization to extend the contract with Axon Enterprise for a period of five years for equipment and software as a service (SaaS).

RECOMMENDED ACTION:

APPROVE a five-year contract amendment with Axon
Enterprise in an amount not to exceed $5,000,000, which includes a 7.4% contingency, extend the contract term for five years for a total contract term October 1, 2016 to September 30, 2031 , providing a cost savings of
$1,886,504.54 if the amendment is executed before
December 31, 2024 - Police Department (Chief Bisa
French 621-1802).

AGENDA
REPORT
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Page 2 of 3 ends

December 17, 2024
DISCUSSION:

Transparency and accountability are critical requirements to build trust with our community. Recognizing the ability technology can provide to aid our efforts, the Richmond Police Department implemented Axon’s Body Worn Cameras (BWC) in October 2016. These Body Worn Cameras have proved to be valuable tools to aid in criminal prosecution, gathering information and identifying critical training needs, and improving the effectiveness of our personnel in providing the highest level of policing service to our community.

Axon Enterprise provides a full suite of tools, which we not only currently use but are covered under this contract extension. This contract is a bundled package that includes maintenance and support for new Body Worn Cameras, docking stations, new Taser devices and docking stations, required training and certifications, access and storage to Evidence.com digital evidence (video) storage management, Axon video auto-tagging, Axon Redaction Assistant, Axon Transcription Services, Axon Aware+, Axon for Citizens for Communities, Axon Performance, and Virtual Reality (VR) based training, and FUSUS for real crime center operations.

On December 22, 2020, the Police Department renewed its agreement with Axon to expand the use of Axon’s Evidence.com platform to share electronic multi-media files with other law enforcement agencies, including the Contra Costa District Attorney’s Office. The use of Evidence.com for digital evidence sharing has increased speed and efficiency compared with distributing the media on an optical drive or USB flash drive.

The Police Department desires to continue to retain Axon because there are no other manufacturers of Taser CEW-type devices (currently used by the Police Department) that are used in a law enforcement environment. Additionally, the Police Department has already built out the necessary infrastructure to support the Axon Body Worn Cameras, and it will not be possible to move the 52TB files to another vendor without the risk of corrupting or losing the files.

With this contract amendment, the Police Department will be able to expand its ability to record police operations to increase transparency to our community by equipping our marked police vehicles with In-Car Video (dash cams) and replacing our transport vehicles’ (Jail Vans) In-Car video for greater accountability and improved officer safety.

By obtaining this contract amendment and extension before the conclusion of our existing contract, the City of Richmond and its community will benefit from significant toal cost savings of $1,886,504.54, which equates to $377,300.91 annually. Police 1286

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December 17, 2024
Department staff have included a 7.4 percent contingency to account for damaged equipment, inventory of readily available backup equipment, and equipment for additional fleet vehicles added after the inception of the contractual term.

DOCUMENTS ATTACHED:

Attachment 1 – Second Amendment to the Contract
Attachment 2 – First Amendment to the Contract
Attachment 3 – Original Contract
Attachment 4 – Quote

1287

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 Eric Tam
[email protected] (510) 621-1819
Axon Body Worn Camera, Tasers, In Car Video Equipment, Interview Room equipment installation, maintenance, support, Taser Training and Certification, Evidence.com software bundle ✔
2 Axon
17800 N. 85th Street
Scottsdale, AZ 85255
Lauren Gauer
(480) 580-3639 [email protected]
✔ Deleware Corporation
November 11, 2016
October 1, 2016 September 30, 2021
1,000,000.00
1288
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which ar
e 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 RI

CHMOND, 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. Amend
ment Provisions

2. Updated Insurance Certificates
CONT
RACTOR:
______________________________
(*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.

Axon
1289
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contra ct 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. Paragra
ph 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
2 October 1, 2016
December 31, 2031
5,000,000.00
8,500,000.00
Axon
Install In Car Video in patrol vehicles, and two jail transport vans. 1290
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contra ct 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 Ma
nager 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
Axon
2 December 22, 2020
2,500,000.00
3,500,000.00
✔
3,500,000.00
3,500,000.00
3,500,000.00
3,500,000.00
September 30, 2026
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Page 1 ends

Q-611464-45590.767LG
Issued: 10/25/2024
Quote Expiration: 12/31/2024
Estimated Contract Start Date: 04/01/2025
Account Number: 109678
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Richmond Police Dept. - CA
1701 Regatta Blvd
Richmond,
CA
94804-7409
USA

Richmond Police Dept. - CA
1701 Regatta Blvd
Richmond
CA
94804-7409
USA
Email:

Lauren Gauer
Phone: 480-580-3639
Email: [email protected]
Fax:

Eric Tam
Phone: (510) 621-1819
Email: [email protected]
Fax: (510) 620-6873
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $377,300.91 TOTAL COST $4,500,169.86
ESTIMATED TOTAL W/ TAX $4,653,885.67 TOTAL SAVINGS $1,886,504.54

Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
1321

Page 2 ends

Payment Summary
Date Subtotal Tax Total
Mar 2025 $39,197.87 $712.21 $39,910.08
Jul 2025 $352,780.83 $9,659.16 $362,439.99
Jul 2026 $1,027,047.79 $35,836.14 $1,062,883.93
Jul 2027 $1,027,047.79 $35,836.14 $1,062,883.93
Jul 2028 $1,027,047.79 $35,836.14 $1,062,883.93
Jul 2029 $1,027,047.79 $35,836.02 $1,062,883.81
Total $4,500,169.86 $153,715.81 $4,653,885.67
1322

Page 3 ends

Quote Unbundled Price: $6,386,674.40
Quote List Price: $5,009,127.80
Quote Subtotal: $4,500,169.86
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($229,390.46) ($229,390.46) $0.00 ($229,390.46) 100552 TRANSFER CREDIT - GOODS 1 $1.00 ($170,173.48) ($170,173.48) ($16,591.91) ($186,765.39) Fleet3A Fleet 3 Advanced 75 60 $282.76 $254.57 $231.57 $1,042,065.00 $40,722.64 $1,082,787.64 BWCamTAP Body Worn Camera TAP Bundle 10 60 $42.58 $33.80 $33.80 $20,280.00 $1,455.83 $21,735.83 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 60 $76.57 $36.07 $36.07 $4,328.40 $324.68 $4,653.08 Fleet3A Fleet 3 Advanced 2 60 $251.65 $254.57 $204.90 $24,588.00 $1,189.91 $25,777.91 M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 60 $486.34 $352.06 $352.06 $3,168,540.00 $100,296.33 $3,268,836.33 M00022 BUNDLE - FUSUS UPSELL - BASIC TO PRO 1 60 $5,010.67 $4,513.61 $4,513.61 $270,816.60 $649.94 $271,466.54 InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 60 $39.64 $32.50 $32.50 $11,700.00 $533.25 $12,233.25 A la Carte Hardware
R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 60 $3,363.00 $56.05 $258,951.00 $25,135.14 $284,086.14 A la Carte Software
73638 AXON STANDARDS - LICENSE 1 60 $10.85 $10.85 $651.00 $0.00 $651.00 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER
TOUCH PANEL 2 60 $28.21 $28.21 $3,385.20 $0.00 $3,385.20 50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 4 60 $32.98 $32.98 $7,915.20 $0.00 $7,915.20 73680 AXON RESPOND PLUS - LICENSE 10 60 $21.48 $21.48 $12,888.00 $0.00 $12,888.00 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 6 60 $111.75 $111.75 $40,230.00 $0.00 $40,230.00 ProLicense Pro License Bundle 3 60 $43.40 $43.33 $7,799.40 $0.00 $7,799.40 A la Carte Services
101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED
VEHICLE 2 $3,000.00 $3,000.00 $6,000.00 $0.00 $6,000.00 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR
COURSE 1 $6,786.00 $6,786.00 $6,786.00 $0.00 $6,786.00
101267 AXON VR - PSO - FULL INSTALLATION 1 $12,000.00 $12,000.00 $12,000.00 $0.00 $12,000.00 A la Carte Warranties
50448 AXON INTERVIEW - EXT WARRANTY 3 9 $27.00 $30.00 $810.00 $0.00 $810.00 Total $4,500,169.86 $153,715.81 $4,653,885.67
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - FUSUS UPSELL - BASIC TO PRO 101386 AXON RESPOND - FUSUSCORE - PRO 2.0 4TB HDD STORAGE 4 1 03/01/2025 1323

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - FUSUS UPSELL - BASIC TO PRO 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 1 1 03/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100126 AXON VR - TACTICAL BAG 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 5 2 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 150 2 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 5 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 150 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 12 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100399 AXON TASER 10 - CARTRIDGE - LIVE 3000 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100400 AXON TASER 10 - CARTRIDGE - HALT 900 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 150 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 3 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 150 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100748 AXON VR - CONTROLLER - TASER 10 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100832 AXON VR - CONTROLLER - HANDGUN VR19H 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101122 AXON VR - HOLSTER - T10 SAFARILAND GREY - RH 4 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101123 AXON VR - HOLSTER - T10 SAFARILAND GREY - LH 2 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101294 AXON VR - TABLET 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101300 AXON VR - TABLET CASE 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101386 AXON RESPOND - FUSUSCORE - PRO 2.0 4TB HDD STORAGE 4 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101391 AXON RESPOND - FUSUSCORE - ELITE AI 2.0 44TB HDD STORAGE 1 1 03/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101408 AXON RESPOND - FUSUSCORE - CAD 1 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20018 AXON TASER - BATTERY PACK - TACTICAL 150 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20018 AXON TASER - BATTERY PACK - TACTICAL 5 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20018 AXON TASER - BATTERY PACK - TACTICAL 26 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20378 AXON VR - HEADSET - HTC FOCUS 3 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 2 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 300 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 2 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 03/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 03/01/2025
CRADLEPOINT R1900 SINGLE MODEM KIT 100145 AXON FLEET - AIRGAIN ANT - 7-IN-1 WH 4LTE/5G 2WIFI 1GNSS 77 1 03/01/2025
CRADLEPOINT R1900 SINGLE MODEM KIT 100146 AXON FLEET - CRADLEPOINT R1900-5GB-GA+5YR NETCLOUD 77 1 03/01/2025
Fleet 3 Advanced 70112 AXON SIGNAL - SIGNAL UNIT 75 1 03/01/2025 Fleet 3 Advanced 70112 AXON SIGNAL - SIGNAL UNIT 2 1 03/01/2025 Fleet 3 Advanced 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 2 1 03/01/2025 Fleet 3 Advanced 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 75 1 03/01/2025 Fleet 3 Advanced 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 2 1 03/01/2025 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72002 AXON FLEET 3 - INTERIOR CAMERA INTERIOR MOUNT 6 1 03/01/2025 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72032 AXON FLEET - CABLE - ETHERNET CAT6 20 FT 6 1 03/01/2025 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72037 AXON FLEET 3 - INTERIOR CAMERA 6 1 03/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100399 AXON TASER 10 - CARTRIDGE - LIVE 450 1 03/01/2026 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100400 AXON TASER 10 - CARTRIDGE - HALT 1200 1 03/01/2026 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 2 1 09/15/2026 1324

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 10 1 09/15/2026 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73309 AXON BODY - TAP REFRESH 1 - CAMERA 152 1 09/15/2026 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 19 1 09/15/2026 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100399 AXON TASER 10 - CARTRIDGE - LIVE 450 1 03/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100400 AXON TASER 10 - CARTRIDGE - HALT 1200 1 03/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100210 AXON VR - TAP REFRESH 1 - TABLET 6 1 09/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 6 1 09/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 6 1 09/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20373 AXON VR - TAP REFRESH 1 - HEADSET 6 1 09/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100399 AXON TASER 10 - CARTRIDGE - LIVE 450 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100400 AXON TASER 10 - CARTRIDGE - HALT 1200 1 03/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100399 AXON TASER 10 - CARTRIDGE - LIVE 450 1 03/01/2029 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100400 AXON TASER 10 - CARTRIDGE - HALT 1200 1 03/01/2029 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 2 1 03/15/2029 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 10 1 03/15/2029 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73310 AXON BODY - TAP REFRESH 2 - CAMERA 152 1 03/15/2029 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 19 1 03/15/2029 Fleet 3 Advanced 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 75 1 03/01/2030 Fleet 3 Advanced 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 2 1 03/01/2030 Fleet 3 Advanced 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 2 1 03/01/2030 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72042 AXON FLEET 3 - TAP REFRESH - INTERIOR CAMERA 6 1 03/01/2030 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - FUSUS UPSELL - BASIC TO PRO 101475 AXON RESPOND - FUSUSONE - BASIC TO PRO SAAS UPSELL 1 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100590 AXON MY90 - LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100801 AXON RECORDS - OSP LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101180 AXON TASER - DATA SCIENCE PROGRAM 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101357 AXON RESPOND - FUSUSONE - BASIC LEVEL SAAS 1 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20248 AXON TASER - EVIDENCE.COM LICENSE 2 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20248 AXON TASER - EVIDENCE.COM LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 20370 AXON VR - FULL ACCESS - TASER ADD-ON USER 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73618 AXON COMMUNITY REQUEST 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73638 AXON STANDARDS - LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73680 AXON RESPOND PLUS - LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73739 AXON PERFORMANCE - LICENSE 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73746 AXON EVIDENCE - ECOM LICENSE - PRO 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 73746 AXON EVIDENCE - ECOM LICENSE - PRO 1 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 85760 AXON AUTO-TRANSCRIBE - UNLIMITED SERVICE 150 04/01/2025 03/31/2030 Fleet 3 Advanced 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 2 04/01/2025 03/31/2030 Fleet 3 Advanced 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 75 04/01/2025 03/31/2030 Fleet 3 Advanced 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 2 04/01/2025 03/31/2030 Fleet 3 Advanced 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 75 04/01/2025 03/31/2030 Fleet 3 Advanced 80402 AXON RESPOND - LICENSE - FLEET 3 75 04/01/2025 03/31/2030 Fleet 3 Advanced 80402 AXON RESPOND - LICENSE - FLEET 3 2 04/01/2025 03/31/2030 Fleet 3 Advanced 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 4 04/01/2025 03/31/2030 Fleet 3 Advanced 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 150 04/01/2025 03/31/2030 1325

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Software
Bundle Item Description QTY Estimated Start Date Estimated End Date FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 6 04/01/2025 03/31/2030 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 9 04/01/2025 03/31/2030 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 3 04/01/2025 03/31/2030 A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 04/01/2025 03/31/2030
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 4 04/01/2025 03/31/2030
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 04/01/2025 03/31/2030 A la Carte 73638 AXON STANDARDS - LICENSE 1 04/01/2025 03/31/2030 A la Carte 73680 AXON RESPOND PLUS - LICENSE 10 04/01/2025 03/31/2030 Services
Bundle Item Description QTY
BUNDLE - FUSUS UPSELL - BASIC TO PRO 101421 AXON RESPOND - FUSUS SOFTWARE IMPLEMENTATION 1 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100105 AXON MY90 - PSO - SETUP 1 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 150 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 11 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101193 AXON TASER - ON DEMAND CERTIFICATION 1 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101421 AXON RESPOND - FUSUS SOFTWARE IMPLEMENTATION 1 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 150 CRADLEPOINT R1900 SINGLE MODEM KIT 100738 AXON FLEET 3 - SIM INSERTION - VZW 4FF 77 Fleet 3 Advanced 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 75 A la Carte 101267 AXON VR - PSO - FULL INSTALLATION 1
A la Carte 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 2 A la Carte 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 2 04/01/2025 03/31/2030 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 10 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80464 AXON BODY - TAP WARRANTY - CAMERA 150 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80464 AXON BODY - TAP WARRANTY - CAMERA 2 04/01/2025 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 19 04/01/2025 03/31/2030 A la Carte 50448 AXON INTERVIEW - EXT WARRANTY 3 04/01/2025 01/14/2026 BUNDLE - FUSUS UPSELL - BASIC TO PRO 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 03/01/2026 03/31/2030 BUNDLE - FUSUS UPSELL - BASIC TO PRO 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 4 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100197 AXON VR - EXT WARRANTY - HTC FOCUS 3 HEADSET 6 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100213 AXON VR - EXT WARRANTY - TABLET 6 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 5 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 150 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101007 AXON VR - EXT WARRANTY - CONTROLLER 6 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 6 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 4 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 101424 AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY 1 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 150 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 5 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 26 03/01/2026 03/31/2030 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 2 03/01/2026 03/31/2030 Fleet 3 Advanced 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 03/01/2026 03/31/2030 1326

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Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 75 03/01/2026 03/31/2030 Fleet 3 Advanced 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 75 03/01/2026 03/31/2030 Fleet 3 Advanced 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 2 03/01/2026 03/31/2030 Fleet 3 Advanced 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 2 03/01/2026 03/31/2030 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 80385 AXON FLEET 3 - EXT WARRANTY - INTERIOR CAMERA 6 03/01/2026 03/31/2030 1327

Page 8 ends

Shipping Locations
Location Number Street City State Zip Country
1 1701 Regatta Blvd Richmond CA 94804-7409 USA
2 1701 Regatta Blvd Richmond CA 94804-7409 USA
Payment Details
Mar 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1a 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 2 $25.09 $0.00 $25.09 Annual Payment 1a 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $14.16 $0.00 $14.16 Annual Payment 1a 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 4 $33.10 $0.00 $33.10 Annual Payment 1a 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $168.24 $0.00 $168.24 Annual Payment 1a 50448 AXON INTERVIEW - EXT WARRANTY 3 $3.39 $0.00 $3.39 Annual Payment 1a 73638 AXON STANDARDS - LICENSE 1 $2.72 $0.00 $2.72 Annual Payment 1a 73680 AXON RESPOND PLUS - LICENSE 10 $53.90 $0.00 $53.90 Annual Payment 1a BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $18.10 $1.36 $19.46 Annual Payment 1a BWCamTAP Body Worn Camera TAP Bundle 10 $84.81 $6.09 $90.90 Annual Payment 1a Fleet3A Fleet 3 Advanced 75 $4,357.86 $170.30 $4,528.16 Annual Payment 1a Fleet3A Fleet 3 Advanced 2 $102.82 $4.97 $107.79 Annual Payment 1a InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 $48.92 $2.23 $51.15 Annual Payment 1a M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 $13,250.67 $419.42 $13,670.09 Annual Payment 1a M00022 BUNDLE - FUSUS UPSELL - BASIC TO PRO 1 $1,132.55 $2.72 $1,135.27 Annual Payment 1a ProLicense Pro License Bundle 3 $32.62 $0.00 $32.62 Annual Payment 1a R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 $1,082.92 $105.12 $1,188.04 Upfront PSO 101267 AXON VR - PSO - FULL INSTALLATION 1 $12,000.00 $0.00 $12,000.00 Upfront PSO 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $6,786.00 $0.00 $6,786.00 Invoice Upon Fulfillment R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 $0.00 $0.00 $0.00 Total $39,197.87 $712.21 $39,910.08
Apr 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment BWCamTAP Body Worn Camera TAP Bundle 10 $0.00 $0.00 $0.00 Invoice Upon Fulfillment InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 $0.00 $0.00 $0.00 Invoice Upon Fulfillment M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Jul 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1b 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 2 $924.83 $0.00 $924.83 Annual Payment 1b 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $521.79 $0.00 $521.79 Annual Payment 1b 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 4 $1,220.04 $0.00 $1,220.04 Annual Payment 1b 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $6,201.01 $0.00 $6,201.01 Annual Payment 1b 50448 AXON INTERVIEW - EXT WARRANTY 3 $124.85 $0.00 $124.85 Annual Payment 1b 73638 AXON STANDARDS - LICENSE 1 $100.34 $0.00 $100.34 Annual Payment 1b 73680 AXON RESPOND PLUS - LICENSE 10 $1,986.54 $0.00 $1,986.54 1328

Page 9 ends

Jul 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1b BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $667.17 $50.04 $717.21 Annual Payment 1b BWCamTAP Body Worn Camera TAP Bundle 10 $3,125.95 $224.40 $3,350.35 Annual Payment 1b Fleet3A Fleet 3 Advanced 75 $160,622.91 $6,276.95 $166,899.86 Annual Payment 1b Fleet3A Fleet 3 Advanced 2 $3,789.97 $183.41 $3,973.38 Annual Payment 1b InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 $1,803.42 $82.20 $1,885.62 Annual Payment 1b M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 $488,395.87 $15,459.59 $503,855.46 Annual Payment 1b M00022 BUNDLE - FUSUS UPSELL - BASIC TO PRO 1 $41,743.42 $100.18 $41,843.60 Annual Payment 1b ProLicense Pro License Bundle 3 $1,202.19 $0.00 $1,202.19 Annual Payment 1b R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 $39,914.47 $3,874.30 $43,788.77 Invoice Upon Fulfillment 100552 TRANSFER CREDIT - GOODS 1 ($170,173.48) ($16,591.91) ($186,765.39) Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($229,390.46) $0.00 ($229,390.46) Total $352,780.83 $9,659.16 $362,439.99
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 2 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 2 $1,262.52 $0.00 $1,262.52 Annual Payment 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $712.31 $0.00 $712.31 Annual Payment 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 4 $1,665.51 $0.00 $1,665.51 Annual Payment 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,465.19 $0.00 $8,465.19 Annual Payment 2 50448 AXON INTERVIEW - EXT WARRANTY 3 $170.44 $0.00 $170.44 Annual Payment 2 73638 AXON STANDARDS - LICENSE 1 $136.98 $0.00 $136.98 Annual Payment 2 73680 AXON RESPOND PLUS - LICENSE 10 $2,711.89 $0.00 $2,711.89 Annual Payment 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $910.78 $68.32 $979.10 Annual Payment 2 BWCamTAP Body Worn Camera TAP Bundle 10 $4,267.31 $306.34 $4,573.65 Annual Payment 2 Fleet3A Fleet 3 Advanced 75 $219,271.04 $8,568.86 $227,839.90 Annual Payment 2 Fleet3A Fleet 3 Advanced 2 $5,173.79 $250.38 $5,424.17 Annual Payment 2 InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 $2,461.91 $112.21 $2,574.12 Annual Payment 2 M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 $666,723.41 $21,104.34 $687,827.75 Annual Payment 2 M00022 BUNDLE - FUSUS UPSELL - BASIC TO PRO 1 $56,985.16 $136.76 $57,121.92 Annual Payment 2 ProLicense Pro License Bundle 3 $1,641.15 $0.00 $1,641.15 Annual Payment 2 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 $54,488.40 $5,288.93 $59,777.33 Total $1,027,047.79 $35,836.14 $1,062,883.93
Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 3 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 2 $1,262.52 $0.00 $1,262.52 Annual Payment 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $712.31 $0.00 $712.31 Annual Payment 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 4 $1,665.51 $0.00 $1,665.51 Annual Payment 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,465.19 $0.00 $8,465.19 Annual Payment 3 50448 AXON INTERVIEW - EXT WARRANTY 3 $170.44 $0.00 $170.44 Annual Payment 3 73638 AXON STANDARDS - LICENSE 1 $136.98 $0.00 $136.98 Annual Payment 3 73680 AXON RESPOND PLUS - LICENSE 10 $2,711.89 $0.00 $2,711.89 Annual Payment 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $910.78 $68.32 $979.10 Annual Payment 3 BWCamTAP Body Worn Camera TAP Bundle 10 $4,267.31 $306.34 $4,573.65 Annual Payment 3 Fleet3A Fleet 3 Advanced 2 $5,173.79 $250.38 $5,424.17 Annual Payment 3 Fleet3A Fleet 3 Advanced 75 $219,271.04 $8,568.86 $227,839.90 Annual Payment 3 InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 $2,461.91 $112.21 $2,574.12 Annual Payment 3 M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 $666,723.41 $21,104.34 $687,827.75 Annual Payment 3 M00022 BUNDLE - FUSUS UPSELL - BASIC TO PRO 1 $56,985.16 $136.76 $57,121.92 Annual Payment 3 ProLicense Pro License Bundle 3 $1,641.15 $0.00 $1,641.15 Annual Payment 3 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 $54,488.40 $5,288.93 $59,777.33 1329

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Jul 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Total $1,027,047.79 $35,836.14 $1,062,883.93
Jul 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 4 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 2 $1,262.52 $0.00 $1,262.52 Annual Payment 4 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $712.31 $0.00 $712.31 Annual Payment 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 4 $1,665.51 $0.00 $1,665.51 Annual Payment 4 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,465.19 $0.00 $8,465.19 Annual Payment 4 50448 AXON INTERVIEW - EXT WARRANTY 3 $170.44 $0.00 $170.44 Annual Payment 4 73638 AXON STANDARDS - LICENSE 1 $136.98 $0.00 $136.98 Annual Payment 4 73680 AXON RESPOND PLUS - LICENSE 10 $2,711.89 $0.00 $2,711.89 Annual Payment 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $910.78 $68.32 $979.10 Annual Payment 4 BWCamTAP Body Worn Camera TAP Bundle 10 $4,267.31 $306.34 $4,573.65 Annual Payment 4 Fleet3A Fleet 3 Advanced 2 $5,173.79 $250.38 $5,424.17 Annual Payment 4 Fleet3A Fleet 3 Advanced 75 $219,271.04 $8,568.86 $227,839.90 Annual Payment 4 InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 $2,461.91 $112.21 $2,574.12 Annual Payment 4 M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 $666,723.41 $21,104.34 $687,827.75 Annual Payment 4 M00022 BUNDLE - FUSUS UPSELL - BASIC TO PRO 1 $56,985.16 $136.76 $57,121.92 Annual Payment 4 ProLicense Pro License Bundle 3 $1,641.15 $0.00 $1,641.15 Annual Payment 4 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 $54,488.40 $5,288.93 $59,777.33 Total $1,027,047.79 $35,836.14 $1,062,883.93
Jul 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 5 101282 AXON FLEET 3 - DEPLOYMENT - PER OVERSIZED VEHICLE 2 $1,262.52 $0.00 $1,262.52 Annual Payment 5 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $712.31 $0.00 $712.31 Annual Payment 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 4 $1,665.51 $0.00 $1,665.51 Annual Payment 5 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 6 $8,465.19 $0.00 $8,465.19 Annual Payment 5 50448 AXON INTERVIEW - EXT WARRANTY 3 $170.44 $0.00 $170.44 Annual Payment 5 73638 AXON STANDARDS - LICENSE 1 $136.98 $0.00 $136.98 Annual Payment 5 73680 AXON RESPOND PLUS - LICENSE 10 $2,711.89 $0.00 $2,711.89 Annual Payment 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $910.78 $68.32 $979.10 Annual Payment 5 BWCamTAP Body Worn Camera TAP Bundle 10 $4,267.31 $306.32 $4,573.63 Annual Payment 5 Fleet3A Fleet 3 Advanced 75 $219,271.04 $8,568.81 $227,839.85 Annual Payment 5 Fleet3A Fleet 3 Advanced 2 $5,173.79 $250.39 $5,424.18 Annual Payment 5 InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 6 $2,461.91 $112.19 $2,574.10 Annual Payment 5 M00014 BUNDLE - OFFICER SAFETY PLAN 10 PREMIUM 150 $666,723.41 $21,104.30 $687,827.71 Annual Payment 5 M00022 BUNDLE - FUSUS UPSELL - BASIC TO PRO 1 $56,985.16 $136.76 $57,121.92 Annual Payment 5 ProLicense Pro License Bundle 3 $1,641.15 $0.00 $1,641.15 Annual Payment 5 R1900Kit CRADLEPOINT R1900 SINGLE MODEM KIT 77 $54,488.40 $5,288.93 $59,777.33 Total $1,027,047.79 $35,836.02 $1,062,883.81

1330

Page 11 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 1331

Page 12 ends

Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):

Q-309989, Q-550598, Q-565541
Agency is terminating those contracts effective 4/1/2025 Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon.

The parties agree that Axon is applying a Net Transfer Credit of -$399,563.94 Any credits contained in this quote are contingent upon payment in full of the following amounts:

Q-309989 - 12/15/2024 - Year 5 - $471,842
All TAP obligations from this contract will be considered fulfilled upon execution of this quote. \s1\ \d1\
Signature Date Signed
10/25/2024
1332

Page 13 ends

1333

Page 1 of 2 ends

December 17, 2024

Public Works

DATE: December 17, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Tawfic Halaby, Deputy Director of Public Works –
Operations & Maintenance
Hugo Mendoza, Public Works Abatement Division
Superintendent
Subject:

November 2024 Abatement Presentation
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Abatement Division is requesting City Council to
receive the November 2024 Abatement Presentation.

RECOMMENDED ACTION:

RECEIVE a presentation on the November 2024
Abatement activities – Public Works Department (Hugo
Mendoza 231-3030 / Tawfic Halaby 620-5482 / Daniel
Chavarria 620-5478

AGENDA
REPORT
1334

Page 2 of 2 ends

December 17, 2024
DISCUSSION:

On a monthly basis, the Director of Public Works has been providing City Council with a presentation highlighting the activities of the City’s Abatement Division. The Abatement Division is responsible for myriad citywide activities, including picking up illegal dumping, hosting neighborhood dumpster days, and weed abatement.

Dumpster days are provided to Richmond residents on a rotating basis, typically once or twice a year depending on the size of the neighborhood. In preparation for the dumpster day events, Abatement Division staff provides assistance to elderly and disabled residents who are unable to transport items to the designated dumpster day location.

When picking up items as a result of illegal dumping, Abatement Division staff tracks specific items, namely, mattresses, paint/oil, and tires, for proper disposal, as these items are not placed in landfills. Within the public right-of-way, the Abatement Division staff removes weeds and abates encampments.

On occasion, in conjunction with Code Enforcement staff and Richmond Police Department staff, and with the appropriate signed warrant in hand, Abatement Division staff enters private property to perform abatement functions.

The presentation summarizes Abatement Staff activities for the month of November 2024 (Attachment 1):
 Hosted four dumpster day events and assisted 130 seniors and disabled persons;
 Removed 272.36 tons of illegal dumping;
 Removed 232 mattresses, 128 gallons of paint/oil, and 262 tires;  Abated (under warrant) two private properties;
 Abated 18 encampments and removed 101.06 tons of debris;  Removed 202 graffiti tags at 144 locations.

DOCUMENTS ATTACHED:

Attachment 1 – Presentation
1335
PUBLIC

WORKS/ABATEMENT
NOVEMBER 2024

ABATEMENT UPDATE
DECEMBER 17, 2024
1336

NEIGHBORHOOD
CLEAN-UPS (4)
 NORTH & EAST
 IRON TRIANGLE/ATCHISON

VILLAGE
 PULLMAN
 BELDING WOODS
(25 DUMPSTERS – 51.73 TONS)
1337
130 SENIORS/DISABLED

PERSONS ASSISTED
(39.13 TONS)
 NORTH & EAST
 IRON TRIANGLE/ATCHISON

VILLAGE
 PULLMAN
 BELDING WOODS
1338

ILLEGAL DUMPING
272.36 TONS REMOVED
1339

ILLEGAL DUMPING
1340
ILLEGAL DUMPING:

MATTRESSES,

PAINT/OIL AND TIRES
 232 MATTRESSES
 128 GALLONS OF PAINT/OIL
 262 TIRES
1341

PRIVATE PROPERTIES

ABATEMENT
 Private vacant Lots Abatement
(2)
1342

ENCAMPMENT
ABATEMENT (18)
101.06 Tons removed
1343

ENCAMPMENT

ABATEMENT
1344

DEMOLITIONS
(4 RV’S)
1345
DecNovOctSepAugJulJunMayAprMarFebJanTonnage Collected
272.36305.43271.85392.56216.76208.95286.88194.45229.98185.55290.37Illegal Dumping

90.86310.85113.75133.6582.8475.9287.2572.05121.3827.630Neighborhood Clean‐Ups* 101.0640.7932.1872.4436.4422.6624.9714.8717.0610.813.20Encampments 464.28305.43417.78598.65336.04307.53399.1281.37369.02223.98303.57Totals 43353324510*Number of Events
1346

GRAFFITI REMOVAL
202 Tags Removed
144 Locations
1347

GRAFFITI REMOVAL
1348

ABATEMENT STAFF HOURS
Illegal Dumping 896
Encampment Removal 216
Graffiti Abatement 194
North Richmond Mitigation 34
Weeds/Brush Abatement 0
Private Board Ups & Clean-Ups 52
Seniors Assistance 100
Leave 636
Transport/Misc.* 32
Total 2160
November Hours
Illegal Dumping Encampment Removal
Graffiti Abatement North Richmond Mitigation
Weeds/brush Abatement Transport/Misc*
Board Ups/Clean Ups Seniors Assistance
Leave
Transport/Misc. includes staff hours for removal of debris from vehicles, Point Molate trash removal, and hazardous waste facility disposal.
1349
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2024
0 50
100
150
200
250
300
350
400
450
1350
ILLEGAL DUMPING TOTAL COST PER MONTH – 2024*

0.00 20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
120,000.00
140,000.00
160,000.00
180,000.00
January February March April May June Ju ly August September October November *Includes Labor and Equipment
1351
1352

PARTNERSHIPS
1353

Page 1 of 4 ends

December 17, 2024
DocID #32638v1

Public Works

DATE: December 17, 2024
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
Hillal Hamdan PE, Senior Civil Engineer
Subject:

Resolution to Appropriate Funds in the Engineering Grant Fund and Approve a Contract with Kimley-Horn and
Associates, Inc.

FINANCIAL IMPACT: Funding for this project is available from the Section 130 grant program as part of the total budgeted allocation of $750,000 in the Preliminary Engineering (PE) phase.

Funding of $458,000 was budgeted in the Fiscal Year 24- 25 Budget. Staff is recommending an appropriation of an additional amount of $292,000 from the Grant Fund.
(Account String: 15436431-400733-23057)

PREVIOUS COUNCIL
ACTION:

Not Applicable

STATEMENT OF THE
ISSUE:

City staff is requesting City Council to adopt a resolution appropriating funds from the Engineering Grant Fund and approving a contract for design services of the South
Cutting Boulevard at-grade crossing at Carlson
Boulevard Project to Kimley-Horn, Inc. for safety
improvements to pedestrians, bicyclists, and vehicles.

AGENDA
REPORT
1354

Page 2 of 4 ends

December 17, 2024
DocID #32638v1
RECOMMENDED ACTION: ADOPT a resolution to APPROPRIATE funds in the amount of $292,000 from the Engineering Grant Fund
1054, and APPROVE a contract agreement with Kimley
Horn and Associates, Inc. for the South Cutting
Boulevard at-grade crossing at Carlson Boulevard
Improvement Project in an amount not to exceed
$550,841; and AUTHORIZE the director of public works
to approve change orders, if necessary, for a contingency amount of up to $82,630 which is 15 percent of the
contract amount, for a potential total not to exceed
contract amount of $633,471, with a contract term from
December 18, 2024, through June 30, 2027 – Public
Works Department (Hillal Hamdan 510-621-1612/Robert
Armijo 510-620-5477/Daniel Chavarria 510-620-5478).

DISCUSSION:

Background

The crossing at South Cutting and Carlson Boulevards has been identified as a candidate for funding under the Federal Section 130 program, aimed at hazard elimination and safety improvements at highway -rail at-grade crossings. The Section 130 program is a federally funded initiative, administered by the states, that focuses on mitigating hazards at such crossings. This location was selected based on a data -driven methodology that evaluates factors including train and vehicle volumes, geometric design, pedestria n and bus traffic, hazardous materials vehicles, and incident history.

The South Cutting Boulevard at-grade crossing consists of a four-lane, east-west oriented roadway, and three Union Pacific Railroad (UPRR) mainline tracks. It is situated approximately 30 feet east of the signalized intersection of South Cutting Boulevard and Carlson Boulevard. The traffic signals at this intersection are interconnected with the railroad track circuitry system to allow for advance preemption.

A prior Section 130 funded project was completed in February 2020, which involved upgrades to the pedestrian approaches and the installation of California Public Utilities Commission (CPUC) Standard 8 warning devices at the northwest and southeast quadrants.

Furthermore, the City of Richmond adopted its Local Roadway Safety Plan in July 2022, which includes a comprehensive set of studies and recommendations under the Travel Safe Richmond initiative. This plan emphasizes the importance of safety improvements 1355

Page 3 of 4 ends

December 17, 2024
DocID #32638v1
for bicycles, pedestrians, and vehicles, including enhancements to the Cutting Boulevard crossing.

Analysis

On October 7, 2024, staff issued a Request for Proposals (RFP) seeking engineering design services for the South Cutting Boulevard at -grade crossing improvement project at Carlson Boulevard. This initiative is aimed at enhancing safety and operational efficiency at the identified crossing. The RFP was sent to vendors in the system, and in response, two proposals were submitted.

To ensure the selection of the most capable firm for this critical project, a panel of Public Works staff members, was assembled t o review the submitted proposals. The panel evaluated the proposals using a set of established criteria, which included relevant experience in similar projects, a clear understanding of the project scope, the ability to meet established project deadlines, and the capability to deliver the project within the allocated budget.

After a comprehensive review and analysis of the submissions, the panel determined that Kimley-Horn Inc. was the consultant that is the best fit for the project. Their selection was based on their extensive experience in handling similar infrastructure projects, their deep understanding of the project scope, and their well -defined approach to delivering the required improvements. Additionally, Kim ley-Horn’s proposal demonstrated a strong emphasis on community engagement, ensuring that the project would align with the interests and concerns of local stakeholders throughout its development.

Conclusion

In conclusion, City staff requests that the City Council adopt the resolution to appropriate funds in the amount of $292,000 from the Engineering Grant Fund 1054 which is available from section 130 grant program as part of the total budgeted allocation of $750,000 in the Preliminary Engineering (PE) phase and to approve a contract with Kimley-Horn, Inc. for the South Cutting Boulevard at -grade crossing improvement project at Carlson Boulevard, in the amount not to exceed $550,841. Additionally, staff seeks authorization for the Director of Public Work s to approve change orders, if necessary, within a contingency amount of up to $82,630, which represents 15% of the contract value, to ensure the successful and timely completion of the project.

DOCUMENTS ATTACHED:
1356

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December 17, 2024
DocID #32638v1
Attachment 1 – Resolution
Attachment 2 – Contract
1357

Reso. No. xx-24

Page 1 of 2 ends

DocID #32657v1
RESOLUTION NO. xx-24

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

CALIFORNIA, APPROPRIATING FUNDS FROM THE ENGINEERING GRANT FUND 1054 AND AUTHORIZING THE AWARD OF A CONTRACT TO
KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING DESIGN FOR

THE SOUTH CUTTING BOULEVARD AT-GRADE CROSSING AT CARLSON

BOULEVARD IMPORVEMENT PROJECT

WHEREAS, the crossing at South Cutting and Carlson Boulevards has been identified as a candidate for funding under the Federal Section 130 program, aimed at hazard elimina tion and safety improvements at highway-rail at-grade crossings; and

WHEREAS, the Section 130 program is a federall y funded initiative administered by the states to reduce hazards at such crossings; and

WHEREAS, the South Cutting Boulevard at -grade cross ing consists of a four -lane, east-west oriented roadway and three Union Pacific Railroad (UPRR) mainline tracks, situated approximately 30 feet east of the signalized intersection of South Cutting Boulevard and Carlson Boulevard; and

WHEREAS, the traffic signals at this intersection are interconnected with the railroad track circuitry system to allow for advance preemption; and

WHEREAS, a prior Section 130 funded project was completed in February 2020, involving upgrades to the pedestrian approaches and the installation of California Public Utilities Commission (CPUC) Standard 8 warning devices at the northwest and southeast quadrants; and

WHEREAS, the City of Richmond adopted its Local Roadway Safety Plan in July 2022, which includes a comprehensive set of studies and recommendations under the Travel Safe Richmond initiative, emphasizing the importance of safety impro vements for bicycles, pedestrians, and vehicles, including enhancements to the Cutting Boulevard crossing; and

WHEREAS, on October 7, 2024, staff issued a Request for Proposals (RFP) seeking engineering design services for the South Cutting Boulevard at -grade crossing improvement project at Carlson Boulevard; and

WHEREAS, two proposals were submitted in response to the RFP, and a panel of Public Works staff members was assembled to review and evaluate the submissions using established criteria, including relevant experience, understanding of the project scope, ability to meet project deadlines, and budget adherence; and

WHEREAS, after a thor ough evaluation, the panel determined that Kimley -Horn Inc. was the most qualified consultant for the project, based on their extensive experience, project understanding, and community engagement approach; and

WHEREAS, staff recommends the appropriation o f funds in the amount of $292,000 from the Engineering Grant Funds 1054 which is available from the Section 130 grant program as part of the total budgeted allocation of $750,000 in the Preliminary Engineering (PE) phase, and the approval of a contract wit h Kimley-Horn Inc. for the South Cutting Boulevard at -grade crossing improvement project at Carlson Boulevard, in the amount not to exceed $550,841, and authorization for the Director of Public Works to approve change orders, if necessary, within a contingency amount of up to $82,630, representing 15% of the contract value.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond, as follows:

Section 1: The foregoing recitals are true and correct, and this City Council hereby so finds and determines.

1358

Reso. No. xx-24

Page 2 of 2 ends

DocID #32657v1
Section 2: The City Council hereby authorizes the appropriation of funds in the amount of $292,000 from the Engineering Grant Funds 1054 and authorizes the City Manager or their designee to execute a contract for a not to exceed amount of $550,841, for the South Cutting Boulevard at-grade crossing improvement project.

Section 3: The Public Works Director is authorized to approve change orders, if necessary, for up to a 15% contingency in the amount of $82,630, for a total design phase cost, including the base contract and contingency, to $633,471.

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

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 17, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney
1359

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

2. Term. The effective date of this Contract is ________________________ and terminates ______________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY total compensation shall
not exceed $
FY total compensation shall not exceed $
FY total compensation shall not exceed $

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A:

Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________ 1360

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and incorporated herein.

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and incorporated herein.

10. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:

Title By:

I hereby certify that this Contract Title:
has been approved by City Council
or the City Manager. Date Signed:

By:

City Clerk
(* The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign below)
Approved as to form:

By:

By: Title:

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G 1361
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EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and
travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:

City of Richmond Finance/Account Payable
Project Manager:

P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, before payments shall be
authorized.

4. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 1363
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 450 Civic Center Plaza
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Contractor exce pt to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City t o its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medi cal condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 1365
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affiliation, military and veteran status or legitimate union activities . Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and t o allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license , required in connection with the performance of the services and tasks hereunder . The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumst ances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses 1367
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whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.

Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 1368
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.

In addition, Contractor will comply with all safety provisions in conformance with U.S.

Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 1369
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or 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 sub-contractor .
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 1370
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be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

18. FORCE MAJEURE:

Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to 1371
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City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City.

The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the 1372
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United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 1373
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EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F

INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (5) Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond. Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior t o the expiration of the existing insurance certificate for the duration of the term of Contract. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUIREMENTS:

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 1375
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Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology -based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
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As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additi onal insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An y additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater. 1377

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafte
r "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”). Con tractor understands the meaning of the foll owing 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 varie
ty of sources for the purposes of reselling such information to their customers, whic
h 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. “Ex treme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
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 Contr
act 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 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 en tity 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 foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
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City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
R
evised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, 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, 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) including coverage for bodily and personal injury, property damage, and products and completed operations.

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

3. Original and Separate Additional Insured Endorsements 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 and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when th e
City of Ric
hmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) 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
.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
R
evised: September 2011

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Incl
udes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

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.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

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 but not limited to 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. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 1380
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
R
evised: September 2011
Additional Insured Endorsement
(continued)
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 and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPL
E 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.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
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 coverages and cover those insured in the underlying policies.

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.
1381
___ Exhibit F
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City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
R
evised: September 2011
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 Manager. 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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December 17, 2024

Public Works

DATE: December 17, 2024
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
Mary Phelps, Water Resource Division Manager

Subject:

Resolution to terminate West County Agency Joint Powers Agreement (JPA) and approve operating agreements
between City of Richmond and West County Wastewater.

FINANCIAL IMPACT: Together, the Dissolution Agreement and Operating Agreement clarify facility ownership of the small subset of WCA-owned facilities and allocate costs between the
parties for the continued operation and management of
these assets. The cost savings would be approximately
$65,000/year based on joint use costs. An annual cost of $1,943,966 may apply for contracting with West County
Wastewater District to treat and dispose of Richmond’s
biosolids, which includes facility-related expenses and biosolid treatment enhancements. (Account String:
40322731-400202).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Staff is seeking City Council approval of a Resolution
terminating the West County Agency Joint Powers
Agreement as all joint capital improvement projects have been completed, so there is no need to continue the
existence of the West County Agency, which has
operated as a Joint Powers Agreement since the late
1970’s.

AGENDA
REPORT
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December 17, 2024
RECOMMENDED ACTION:

ADOPT a resolution agreeing to terminate the West
County Agency Joint Powers Agreement and APPROVE
the operating agreements between the City of Richmond
and West County Wastewater for the operation and
maintenance of assets owned by each agency. (Public
Works – Daniel Chavarria 510-620-5478/Robert Armijo
510-620-5477)

DISCUSSION:

I. Background
West County Wastewater District ("WCW"), the City of Richmond ("City"), and the Richmond Municipal Sewer District ("RMSD") are members of the West County Agency (“WCA” or the “JPA”), a Joint Powers Authority established pursuant to Government Code Section 6500 et. seq. (the “Joint Exercise of Powers Act”).

The WCA was formed by the West County Agency Joint Exercise of Powers Agreement (the "JPA Agreement"), executed on February 15, 1977; amended on August 11, 1981; amended and restated on June 15, 1984; and further amended on April 2, 1990, November 23, 1992, December 21, 1993, August 6, 1996, and July 21, 2020. The Parties executed an Amended and Restated Joint Powers Agreement on June 20, 2024.

The WCA was created to finance and construct wastewater disposal facilities for the City, RMSD, and WCW. Since its formation, the WCA has completed several construction projects supported by eleven separate clean water grants. The agency has paid off bonded indebtedness for its construction projects and has fulfilled its original purposes.

In June of 2023, the WCA Board voted to pursue the dissolution of the JPA. The JPA members are now taking actions to terminate the JPA Agreement and dissolve WCA effective December 31, 2024.

II. National Pollutant Discharge Elimination System (NPDES) Permit

After discussions among the agencies earlier this year with the California State Waterboard, the parties decided to continue with the existing NPDES permit structure.

Representatives from the state agency explained it would be simpler to have a combined permit since West County Wastewater and the Richmond Municipal Sewer 1384

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December 17, 2024
District have a combined outfall. However certain water quality requirements were broken out for separate monitoring by the individual treatment plants. Staff received the final reissued NPDES permit from the RWQCB which became effective on August 1, 2024. Any changes to the historical NPDES permitting structure (for example separate permits for each agency) will be negotiated during the current 5-year permit cycle. The parties have provided notice to the Regional Board of the change of operator effective December 31, 2024.

III. Dissolution and Operating Agreements

The WCW and the City (collectively, the “Parties”) have negotiated the West County Agency Dissolution Agreement (“Dissolution Agreement”) which provides the terms and conditions of the dissolution of the WCA, the termination of the JPA Agreement, and the allocation of WCA assets between the Parties. As part of the termination of the JPA Agreement and dissolution of the JPA, WCA would assign to the City or WCW all of the JPA contracts, all of the real property interests including fixtures/equipment owned by the JPA, and all personal property (including money and assets) owned by the JPA, as further described in the Dissolution Agreement.

Beginning in 2025, solids handling costs are anticipated to increase significantly due to WCW's implementation of Class A biosolids production under its new treatment process. This is projected to result in costs as high as $1.9 million annually compared to the current cost of approximately $300,000 annually. While not a direct cost of the dissolution, this increase is a related impact stemming from WCW's enhanced treatment process. Staff is exploring potential cost-saving measures, such as the City processing its solids to Class A biosolids standards, which may provide more cost-effective alternatives. These options are in the early stages of consideration and will be evaluated for feasibility.

Concurrently with the Dissolution Agreement, the Parties intend to execute the Operating Agreement (WCW and City of Richmond Joint Assets) (the “Operating Agreement”), which provides for the continued operation, maintenance, and joint use of the WCA assets.

IV. Dissolution Process and Timeline

The Dissolution Agreement delegates authority to the parties’ representatives to carry out the legal and logistical steps to wind down the agency. Following dissolution of the JPA on December 31, 2024, City of Richmond staff will take all actions necessary to liquidate and distribute the JPA’s financial assets. City of Richmond staff will file any 1385

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December 17, 2024
required notices regarding the dissolution with the California Secretary of State and Local Area Formation Commission (LAFCO) and will handle the transfer of the JPA’s records to the City of Richmond. The parties have agreed to cooperate and execute any documents that may be necessary to effectuate the terms of the Dissolution Agreement and facilitate the transfer of property rights contemplated therein.

Staff is requesting the City Council adopt the Resolution approving the termination of the Joint Powers Agreement and dissolution of the West County Agency and approve the Operating Agreement between the City and WCW.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution to dissolve West County Agency Joint Powers Agreement Attachment 2 – Dissolution Agreement
Attachment 3 – Operating Agreement

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RESOLUTION NO. ______

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

CALIFORNIA APPROVING ACTIONS RELATED TO THE TERMINATION OF THE

JOINT EXERCISE OF POWERS AGREEMENT AND DISSOLUTION OF THE WEST

COUNTY AGENCY

WHEREAS, West County Wastewater District ("WCW"), the City of Richmond ("City"), and th e Richmond Municipal Sewer District (" RMSD") are members of the West County Agency (“WCA” or the “JPA”) , a Joint Powers Authority established pursuant to Government Code Section 6500 et. seq.( the “Joint Exercise of Powers Act”); and

WHEREAS, the Joint Exercise of Powers Act outlines the procedures and requirements for the creation, operation and dissolution of joint powers authorities; and WHEREAS, the WCA was formed by the West County Agency Joint Exercise of Powers Agreement (the " JPA Agreement"), executed on February 15, 1977 ; amended on August 11, 1981 ; amended and restated on June 15, 1984 ; and further amended on April 2, 1990, November 23, 1992, December 21, 1993, August 6, 1996, and July 21, 2020. The Parties executed an Amended and Restated Joint Powers Agreement on June 20, 2024; and WHEREAS, the WCA was created to finance and construct wastewater disposal facilities for the City, RMSD, and WCW; and
WHEREAS, since its formation, the WCA has completed several construction projects supported by eleven separate clean water grants; and
WHEREAS, the WCA include those facilities operated and maintained under the authority of the WCA; confluence structure, transmission pipeline, cathodic protection system, submarine outfall, diffuser system and AtoN marker buoys; and WHEREAS, all other constructed projects are owned and operated directly by the member agencies; and
WHEREAS, the agency has paid off bonded indebtedness for its construction projec ts and has fulfilled its original purposes; and
WHEREAS, the agency has no outstanding liabilities or indebtedness, including UAL or OPEB pension liability; and
WHEREAS, government Code Section 6510 provides that a joint powers agreement may be continued for a definite term or continued until rescinded or terminated; and WHEREAS, section 20.1 of the JPA Agreement, as restated on June 20, 2024, provides that upon termination of the JPA, “the assets of the Agency will be divided among the [parties] in a manner that is equitable and consistent with the use and operation of the Facilities and in compliance with discharge permit requirements; and
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WHEREAS, upon dissolution of the Agency, the Parties will mutually determine ownership of the Facilities and may ente r into Joint Use Agreements or other agreements to share costs and liabilities associated with continued joint use of any Facility”; and WHEREAS, in June of 2023, the WCA Board voted to pursue dissolution of the JPA ; and
WHEREAS, Effective December 31, 2024, the JPA members have agreed to terminate the JPA Agreement and dissolve WCA; and
WHEREAS, The Parties have negotiated the West County Agency Dissolution Agreement (“Dissolution Agreement”) which provides the terms and conditions of the dissolution of the WCA, the termination of the JPA Agreement, and the allocation of WCA assets between the Parties; and
WHEREAS, as part of the termination of the JPA Agreement and dissolution of the JPA, WCA intends to assign to the City or to WCW all of the JPA contracts, all of the real property interests including fixtures/equipment owned by the JPA, and all personal property (including money and assets) owned by the JPA, as further described in the Dissolution Agreement; and WHEREAS, concurrently with the Dissolution Agreement, the Parties intend to execute the Operating Agreement (WCW and City of Richmond Joint Assets) (the “Operating Agreement”), which provides for the continued operation, maintenance, and joint use of the WCA assets as further described in the Operating Agreement, and WHEREAS, the City Council of the City of Richmond finds and determines that it is in the best interest of the City of Richmond to approve actions relating to the termination of the JPA Agreement and the dissolution of the WCA , including entering into the Dissolution Agreement and Operating Agreement to ensure continued operation and maintenance of the WCA assets.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby confirms that all above recitals are hereby found to be true and correct and incorporated herein.

THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Richmond hereby approves the termination of the JPA Agreement and dissolution of the WCA.

BE IT FURTHER RESOLVED, the Mayor of the City of Richmond is authorized to execute the Dissolution Agreement on behalf of the City of Richmond in a form approved by the City of Richmond’s City Attorney’s Office , including a ny necessary non -substantive revisions.

BE IT FURTHER RESOLVED, the Mayor of the City of Richmond is authorized to execute the Operating Agreement on behalf of the City of Richmond, in a form approved by the City of Richmond’s City Attorney’s Office, including any necessary non-substantive revisions. 1388

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BE IT FURTHER RESOLVED, the Mayor of the City of Richmond is authorized to execute certificates of acceptance, Bills of Sale, Assignment and Assumption Agreements, and other instruments necessary to accept real and personal property (including m oney and assets) from the WCA, in forms approved by the City of Richmond’s City Attorney’s Office, including any necessary non-substantive revisions.

BE IT FURTHER RESOLVED, the City Manager, or designee, is authorized to take such additional actions as th e City Manager determines to be necessary to implement the Dissolution Agreement and the Operating Agreement consistent with this Resolution.

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

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on ____________, 20 24, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

Mayor
Approved as to form:

City Attorney

State of California }
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County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on _________, 20 24.

Pamela Christian, Clerk of the City of Richmond

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19992009.8
West County Agency Dissolution Agreement

This West County Agency Dissolution Agreement (“Agreement”) is effective as of ___________, 2024 (“Effective Date”) and is between the West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq. (“WCW”), the City of Richmond, a municipal corporation (“City”), and the Richmond Municipal Sewer District, a public corporation and a sewer district organized and existing pursuant to the provisions of California Health and Safety Code Sections 4600 et seq. in the State of California (“RMSD”). WCW and Richmond/RMSD are each referred to as a “Party,” and together as the “Parties.”
A. WCW, the City, and RMSD are all members of the West County Agency (“WCA”) as established by the Joint Exercise of Powers Agreement (the “JPA Agreement”), executed by the Parties on February 15, 1977; amended the Agreement on August 11, 1981, amended and restated the agreement on June 15, 1984, and further amended the Agreement on April 2, 1990, November 23, 1992, December 21, 1993, August 6, 1996, and July 21, 2020. The Parties executed an Amended and Restated Joint Powers Agreement on June 20, 2024.

B. Section 20.1 of the JPA Agreement, as restated on June 20, 2024, provides that upon termination of the JPA, “the assets of the Agency will be divided among the [parties] in a manner that is equitable and consistent with the use and operation of the Facilities and in compliance with discharge permit requirements. Upon dissolution of the Agency, the Parties will mutually determine ownership of the Facilities and may enter into Joint Use Agreements or other agreements to share costs and liabilities associated with continued joint use of any Facility.” C. As of the Effective Date, the Parties have agreed to dissolve WCA pursuant to Section

20.1 of the JPA Agreement. This Agreement provides the terms and conditions of the dissolution of the WCA, the termination of the JPA Agreement, and the allocation of WCA assets between the Parties. Concurrently with this Agreement, the Parties are executing the Operating Agreement (WCW and City of Richmond Joint Assets) (the “Operating Agreement”) to provide for the continued operation, maintenance, and joint use of the WCA assets as further described in the Operating Agreement.

The Parties therefore agree as follows:

1. Dissolution of WCA. Effective as of December 31, 2024 (the “Dissolution Date”), WCA is dissolved. The Parties consent to this dissolution according to the terms and conditions of this Agreement.

2. Costs and Liabilities.

2.1 After the Dissolution Date, WCA will not incur any operational, maintenance, capital, or administrative costs. Any costs or liabilities of WCA that remain or arise after the Dissolution Date shall be apportioned by the parties according to their responsibility for that cost as specified in the JPA Agreement. WCA has no UAL/OPEB liability.

2.2 WCW shall be the primary contact for receiving and processing any claims or liabilities that arise or are presented after dissolution of the WCA, in cooperation with the City.

3. NPDES Permit.
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19992009.8

3.1 Pursuant to 40 CFR 122.61(b)(2), as of the Dissolution Date, the WCA’s NPDES Permit, including permit responsibility, coverage, and liability, will be jointly transferred to WCW and the City and RMSD. Permit liability and other provisions shall be allocated as described more fully in the permit. The Parties shall notify the Regional Water Quality Control Board at least 30 days in advance of the proposed transfer date as required in Section 40 CFR 1122.61(b)(1).

3.2 The City shall pay all joint fees associated with the NPDES permit, including the annual NPDES permit fee to SWRCB, BACWA fees associated with joint outfall discharge as co- permittees (excluding BACWA dues and fees that are assessed separately to the Parties), and the regional monitoring program fees. The City will invoice WCW for 50% of the total cost of such fees, which WCW shall pay within 60 days of receipt of an undisputed invoice. If WCW disputes a fee or charge, the Parties will meet and confer to resolve the dispute as provided in Section 10.

4. Dissolution Procedures.

4.1 Following the Dissolution Date, WCW shall take all actions necessary to liquidate and distribute WCA’s financial assets. WCW staff is delegated authority to sign documents on behalf of WCA or take other actions as necessary to effectuate the financial wind-up of the JPA.

Specifically, WCW will:

A. Pay all liabilities incurred by or owed by WCA as of the Dissolution Date; B. Coordinate WCA’s financial audit for all applicable fiscal years; C. Complete all required tax filings or disclosures with respect to WCA Director compensation for the 2024 calendar year, and any other filing requirements pertaining to state or federal taxes;
D. Close the WCA bank account;
E. Distribute all remaining cash assets to the Parties according to their contributions. An estimated accounting of liabilities and a proposed settlement of surplus funds is attached hereto as Exhibit A. The costs described in Exhibit A are attached as an exemplar only and subject to change based on final reconciliation.

4.2 WCW will file all required notices regarding dissolution of the JPA with the California Secretary of State and Local Area Formation Commission (LAFCO).

4.3 All documents and records of WCA will be transferred to WCW. WCW staff may dispose of any WCA records consistent with WCW’s records retention policy.

5. Real Property Allocation.

5.1 Individual Assets. The JPA Agreement specified that the 36” pipeline was an individual asset of WCW, and the 6” sludge pipeline is an individual asset of the City. The 36” pipeline and the 6” sludge line are both located within easements held by WCA and in public right-of-way between the West County Wastewater District Treatment Plant and the Richmond Municipal Sewer District Water Pollution Control Plant (the “Richmond Plant”). Within thirty days of the Effective Date, and following approval of this Agreement by the WCA Board, the Parties will execute Quitclaim Deeds and Bills of Sale, in a form substantially similar to those attached as Exhibit B and Exhibit C, to 1392

19992009.8
effectuate the transfer of real and personal property rights associated with the 36” and 6” pipelines to WCW and the City, respectively.

5.2 Joint Facilities. The JPA Agreement contains a list of the WCA assets that must be allocated upon dissolution. Ownership of the assets described below will be vested in the City (the “Joint Facilities”). The Parties’ rights and obligations with respect to the operation, maintenance, and cost sharing of the Joint Facilities is further described in the Operating Agreement. WCA will transfer the Joint Facilities to the City within thirty (30) days of the Effective Date and following approval of this Agreement by the WCA Board.

A. Submarine Outfall, Outfall Diffusers, and ATON Buoys: The City shall own and maintain the submarine outfall, outfall diffusers, and ATON Buoys, given their location and primary usage by the City. WCA shall convey these facilities to the City of Richmond via a Bill of Sale in a form substantially similar to that attached as Exhibit D.

B. Transmission Pipeline from Confluence Structure to Outfall: The City shall own and maintain the Transmission Pipeline. WCA shall convey the pipeline to the City via a Bill of Sale in a form substantially similar to that attached as Exhibit E. The Parties are working with the East Bay Regional Park District to secure an easement for the Transmission Pipeline in favor of the City.

C. SBS Facility: The City shall own and maintain the SBS Facility located at the Richmond Plant. No personal property transfer documents are necessary as this facility is already located on the City’s property.

5.3 Cathodic Protection System: WCW shall own and maintain the Cathodic Protection System currently protecting the 6” and 36” pipelines. Within thirty (30) days of the Effective Date and following approval of this Agreement by the WCA Board, WCA shall convey the Cathodic Protection System to WCW via a Bill of Sale in a form substantially similar to that attached as Exhibit F.

6. Operating Agreements. Concurrently with the execution of this Agreement, the Parties shall enter into the Operating Agreement. In the event of a conflict between this Agreement and the Operating Agreement, the terms of the Operating Agreement will prevail.

7. Assignment of Contracts.

7.1 WCA Contracts to City. Within thirty (30) days of the Effective Date, and following approval of this Agreement by the WCA Board, WCA shall assign to the City the following contracts, and any other existing WCA contracts that require extension beyond the Dissolution Date, pursuant to the Assignment and Assumption Agreement attached hereto as Exhibit G:

A. Grant of Use from the City and County of San Francisco, acting by and through the San Francisco Port Commission, to the West County Agency of Contra Costa County, dated November 1, 1978.

7.2 WCA Contracts to WCW. Within thirty (30) days of the Effective Date, and following approval of this Agreement by the WCA Board, WCA shall assign to WCW the following 1393

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contracts, and any other existing WCA contracts that require extension beyond the Dissolution Date, pursuant to the Assignment and Assumption Agreement attached hereto as Exhibit H:

A. Consultant Services Agreement (Audit Service) between Maze and Associates Accountancy Corporation and the West County Agency, dated September 1, 2023.

B. Contract between Global Diving & Salvage, Inc., and West County Agency, dated July 19, 2021, for ATON Buoy Repair and Replacement.

8. Release of Claims. The members hereby release each other, including its officers, agents and employees, from any and all claims (except for each Party’s satisfaction of its obligations under Section 2 of this Agreement) arising out of or relating to the debts, liabilities, obligations, or facilities of WCA that arise after the Effective Date.

9. Indemnification.

9.1 WCW shall indemnify, defend, and hold harmless the City/RMSD from and against any and all liability, administrative actions, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, arising from or connected with: (1) the debts, liabilities, operations, or obligations of WCW with respect to its participation in WCA prior to the Dissolution Date; (2) any claims arising out of or relating to this Agreement that are a results of WCW’s acts or omissions on or after the Dissolution Date; and (3) WCW’s share of any claims that arise while WCW is a co-permittee under the NPDES permit and that are shared liabilities deemed the responsibility of all permittees.

9.2 The City/RMSD shall indemnify, defend, and hold harmless WCW from and against any and all liability, administrative actions, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, arising from or connected with: (1) the debts, liabilities, operations, or obligations of the City/RMSD with respect to its participation in WCA prior to the Dissolution Date; (2) any claims arising out of or relating to this Agreement that are a results of the City/RMSD’s acts or omissions on or after the Dissolution Date; and (3) the City’s share of any claims that arise while the City is a co-permittee under the NPDES permit and that are shared liabilities deemed the responsibility of all permittees.

10. Dispute Resolution. In the event of any dispute, the Parties will promptly meet and confer, first at a staff level and then elevated to the Parties’ governing bodies, in a good faith attempt to resolve the dispute. In connection with such negotiations, the Party asserting the dispute must provide the other with a written description of the nature of the dispute, along with reasonable supporting documentation. If a dispute cannot be resolved by the parties independently, they may agree to submit such dispute to non-binding mediation by a mutually agreed-upon neutral third party with offices in the west Contra Costa area. The cost of mediation will be shared equally. In the alternative, a Party may choose to resolve questions or disputes arising under this Agreement through arbitration or judicial determination.

11. Effect on Prior Rights. The terms of this Agreement govern the Parties and supersede all contrary terms in prior agreements between the Parties, including but not limited to the JPA Agreement.

12. Further Assurances. Each Party agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate 1394

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to effectuate, carry out, and perform all of the terms, provisions and conditions of this Agreement and transfer of the property rights contemplated in this Agreement.

13. Miscellaneous.

13.1 Integration, Governing Law, Amendment. This Agreement represents the entire understanding of the Parties as to their interests and obligations relating the dissolution of the WCA.

To the extent that it contradicts or varies from this Agreement, no prior oral or written understanding will be of any force or effect with respect to the matters covered by this Agreement. This Agreement is governed by the laws of the State of California and will be construed as if drafted by all Parties. This Agreement may not be modified except in writing, approved and executed by the Parties.

13.2 Third Parties. This Agreement does not create any third-party beneficiary or any rights in any person or party other than the Parties.

13.3 Signing Authority. Each Party represents and warrants that each person or persons executing this Agreement on its behalf is duly authorized to do so by the respective Party and that this Agreement binds the Parties.

13.4 Notices. Any written notice required by this Agreement will be made by U.S. mail or by reliable overnight courier and delivered to the following address, together with a courtesy copy by email:

To WCW: West County Wastewater District
2910 Hilltop Drive
Richmond, CA 94806
Attn: General Manager
To RMSD/ the City:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attn: City Manager

Either Party may, by written notice to the other, designate a different address or addressee, which will be substituted immediately for that specified above.

13.5 Severability. If any provision of this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, but this Agreement will be construed as if the invalid, illegal, or unenforceable provision had never been set forth herein, and the remainder will be enforceable to the fullest extent permitted by law.

13.6 Successors & Assigns. The terms of this Agreement are binding upon and will inure to the benefit of and be enforceable by the respective successors and assigns of the Parties. 1395

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13.7 Counterparts. This Agreement may be executed in counterparts, each of which is an original, but all of which together will constitute one and the same instrument.

The Parties are signing this Agreement as of the Effective Date.

WEST COUNTY WASTEWATER DISTRICT

Dated: ______________________ By: ________________________

Approved as to Form:

Hanson Bridgett, LLP

By: ________________________
District Counsel

THE CITY OF RICHMOND
Dated: ______________________ By: ________________________

Approved as to Form:

Pamela Christian, City Clerk

By: ________________________
Dave Aleshire, City Attorney

RICHMOND MUNICIPAL SEWER DISTRICT
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THE CITY OF RICHMOND
Dated: ______________________ By: ________________________

Approved as to Form:

Pamela Christian, City Clerk

By: ________________________
Dave Aleshire, City Attorney

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Exhibit A
Estimated Accounting Statement

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Exhibit B
Form of Easement for 6” and 36” Lines

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

West County Wastewater District
2910 Hilltop Drive
Richmond, CA 94806
Attn: General Manager

Exempt from Doc. Transfer Tax per R&TC § 11922 SPACE ABOVE THIS LINE FOR RECORDER’S USE Exempt from Recording Fee per Gov. C. § 6103

APNs: 408-170-028, 014, 063, & 058; 408-160-018, 019;
561-110-006; 534-011-015, 017; 534-021-001, 002, 003, 009; 534-090-002; 560-310-044

QUITCLAIM DEED
(Easements for 6” Sludge Line and 36” Water Pipeline)

The West County Agency, a Joint Powers Authority formed pursuant to California Government Code Section 6500 et seq (“WCA”) holds title to the certain permanent pipeline easement(s) attached hereto as Exhibit A (the “Easements”). The City of Richmond, a municipal corporation (“City”), the Richmond Municipal Sewer District, a public corporation and a sewer district organized and existing pursuant to the provisions of California Health and Safety Code Sections 4600 et seq. in the State of California (“RMSD”), and West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq. (“WCW”), are members of the WCA. WCW, RMSD and the City have agreed to dissolve the WCA effective December 31, 2024.

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the WCA hereby conveys to the City, all of WCA’s right, title, and interest in its pipeline easements for a 6” sludge line (described in the Easements as a “sludge pipe”), which runs between the West County Wastewater District Treatment Plant to the Richmond Municipal Sewer District Water Pollution Control Plant, as further described and depicted in the Easements.

Grantor hereby conveys to WCW, all of WCA’s right, title, and interest in its pipeline easements for a 36” water pipeline, which delivers treatment wastewater effluent from the West County Wastewater District Treatment Plant to the Richmond Municipal Sewer District Water Pollution Control Plant, as further described and depicted in the Easements.

The City’s 6” sludge line and WCW’s 36” pipeline are both located within the easement areas described and depicted in the Easements. The rights, title and interests hereby quitclaimed are for the purpose of transferring real property and property rights for the pipelines as provided in the West County Agency Dissolution Agreement dated ________, 2024, by and between WCW, RMSD, and the City. As part of the dissolution of the WCA, the Parties intend by this instrument to vest ownership of the 6” line to the City, and ownership of the 36” line to WCW. Both the City and WCW shall have the continued right to access the easement area and the pipelines therein for the purpose of operating, constructing, maintaining, upsizing, relocating, or removing their respective pipelines.

Date:
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WEST COUNTY AGENCY

________________________________

WEST COUNTY WASTEWATER DISTRICT

________________________________
Andrew Clough, General Manager

APPROVED AS TO FORM:

____________________________
Nicole Witt, General Manager

CITY OF RICHMOND

________________________________
By: Shasa Curl, City Manager

APPROVED AS TO FORM:

____________________________
Pamela Christian, City Clerk
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Contra Costa )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

1402

State of California )
County of Contra Costa )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Quitclaim Deed dated ________________ from the West County Agency, a Joint Powers A uthority formed pursuant to California Government Code Section 6500 et seq ., to West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq., is hereby accepted by order of the undersigned officer pursuant to authority conferred by Resolution No. _______ of the Board of Directors of West County Wastewater District adopted on ____________, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated:
________, Secretary of the District
West County Wastewater District

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CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in real property conveyed by the Quitclaim Deed dated ________________ from the West County Agency, a Joint Powers A uthority formed pursuant to California Government Code Section 6500 et seq., to the City of Richmond, a municipal corporation (“Grantee”), is hereby accepted by order of the undersigned officer pursuant to authority conferred by Resolution No._______ of the Richmond City Council, adopted on ____________, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated:

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Exhibit A to Quitclaim Deed
Easements to be Quitclaimed

The Easements include all right, title, and interest as further described in the instruments and as otherwise specified below:

(1) Grant of Easement from De Carlo’s Cabinet Shop, Inc. to West County Agency of Contra Costa County, California, recorded in Book 9182, Page 101 in the official records of Contra Costa County, on January 12, 1979.
(APN: 408-170-028)

(2) Grant of Easement from Joseph B. Nusbaum and Anne G. Nusbaum, aka Anne Nusbaum, his wife, to West County Agency of Contra Costa County, California, recorded in Book 9144, page 117 in the official records of Contra Costa County as instrument no. 78-179296, on December 14, 1978. (APN: 408-170-014)

(3) Grant of Easement from John G. MacPherson, a single man, to West County Agency of Contra Costa County, California, recorded in Book 9144, page 128 in the official records of Contra Costa County as instrument no. 78-179299, on December 14, 1978. (APN: 408-170-063)
(4) Grant of Easement from Herman E. Martin and Catherine A. Martin, his wife, to West County Agency of Contra Costa County, California, recorded in Book 9161, page 106 in the official records of Contra Costa County as instrument no. 78-186149, on December 27, 1978. (APN: 408-170-058)
(5) Grant of Easement from M.V. Nursery, Inc., to West County Agency of Contra Costa County, California, recorded in Book 9182, page 107 in the official records of Contra Costa County as instrument no. 79-5302, on January 12, 1979.
(APN: 408-170-058)
(6) Grant of Easement from Edward James Hegarty to West County Agency of Contra Costa County, California, recorded in Book 9313, page 117 in the official records of Contra Costa County as instrument no. 79-49937 on April 18, 1979.
(APN: 408-160-018 & 019)
(7) Grant of Easement from West Richmond Nursery Company to West County Agency of Contra Costa County, California, recorded in Book 9234, page 069 in the official records of Contra Costa County as instrument no. [ ] , on [date].
(no associated APN: now W Gertrude Ave right-of-way)
(8) Grant of Easement from John Canepa and Harry Costa, to West County Agency of Contra Costa County, California, recorded in Book 9161, page 94 in the official records of Contra Costa County as instrument no. 78-186145, on December 27, 1978.
(APN: 561-110-006)

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(9) Tax Deed to Purchaser of Real Property between the Tax Collector of Contra Costa County, acting on behalf of the State of California, and West County Agency, recorded in Book 10989, page 233 in the official records of Contra Costa County as instrument no. 82-151006, on October 29, 1982. (APN: 534-011-017 & 015)

(10) Grant of Easement from Eugene A. Taliaferro, to West County Agency of Contra Costa County, California, , recorded in Book 9144, page 110 in the official records of Contra Costa County as instrument no. 78-179294, on December 14, 1978.
(APN: 534-021-001)

(11) Grant of Easement from Charles E. Morgan, to West County Agency of Contra Costa County, California, recorded in Book 9161, page 100 in the official records of Contra Costa County as instrument no. 78-186147, on December 27, 1978.
(APN: 534-021-002)

(12) Grant of Easement from Cleveland Washington and Cora Washington, husband and wife, to West County Agency, a joint powers agency, recorded in Book 9144, page 113 in the official records of Contra Costa County as instrument no. 78-179295 on December 14, 1978. (APN: 534-021-003)

(13) Grant of Easement from Charlie Sanders and Allie Ruth Sanders to West County Agency, a joint powers agency, recorded in Book 9144, page 131 in the official records of Contra Costa County as instrument no. 78-179300, on December 14, 1978.
(APN: 534-021-009)

(14) Grant of Easement from the Board of Education of Richmond Unified School District to West County Agency of Contra Costa County, recorded in Book 9178, page 62 in the official records of Contra Costa County as instrument no. 79-4040 on January 10, 1979. (APN: 534-090-002)

(15) Easement from Santa Fe Land Improvement Company to West County Agency of Contra Costa County, recorded in Book 9167, page 166 in the official records of Contra Costa County as instrument no. 78-188560 on December 29, 1978.
(APN: 560-310-044)

(16) all other right, title, and interest in, upon, or otherwise pertaining to, any lands within the County of Richmond, State of California, held by WCA on the date of recording hereof, including without limitation easements, rights of way, reservations, dedications, and any other interests in land, whether recorded or unrecorded, that pertain to the 36” or 6” pipelines.

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Exhibit C
Form of Bill of Sale for 6” and 36” Pipeline
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BILL OF SALE

Date: ___________, 2024

WEST COUNTY AGENCY

________________________________________

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BILL OF SALE

For valuable consideration, receipt of which is acknowledged, the West County Agency, a Joint Powers Authority formed pursuant to California Government Code Section 6500 et seq (“Seller”), hereby sells, assigns, transfers and delivers to West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq. (“Buyer”), the pipeline known as the 36” water pipeline, including all appurtenant structures, which transmits treated wastewater effluent from the West County Wastewater District Treatment Plant to the Richmond Municipal Sewer District Water Pollution Control Plant.

Date: ___________, 2024

WEST COUNTY AGENCY

________________________________________

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Exhibit D
Form of Bill of Sale for Submarine Outfall, Diffuser, Buoys 1411

19992009.8

BILL OF SALE

For valuable consideration, receipt of which is acknowledged, the West County Agency, a Joint Powers Authority formed pursuant to California Government Code Section 6500 et seq (“Seller”), hereby sells, assigns, transfers and delivers to the City of Richmond, a municipal corporation (“Buyer”), the facilities known as the submarine outfall, outfall diffusers, and the Aid to Navigation (AtoN) marker buoys, which facilitate the ocean discharge of treated wastewater effluent from the Richmond Municipal Sewer District Water Pollution Control Plant. The submarine outfall, diffusers and floating markers are further described in the Grant of Use between the City and County of San Francisco, acting by and through the San Francisco Port Commission, and the West County Agency of Contra Costa County, dated November 1, 1978, and recorded in Book 9167, page 173, in the official records of the County of Contra Costa.

Date: ___________, 2024

WEST COUNTY AGENCY

________________________________________

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Exhibit E
Form of Bill of Sale for Transmission Pipeline

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BILL OF SALE

Date: ___________, 2024

WEST COUNTY AGENCY

________________________________________

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EXHIBIT F
Bill of Sale for Cathodic Protection System

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BILL OF SALE

For valuable consideration, receipt of which is acknowledged, the West County Agency, a Joint Powers Authority formed pursuant to California Government Code Section 6500 et seq (“Seller”), hereby sells, assigns, transfers and delivers to West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq. (“Buyer”), the Cathodic Protection System protecting WCW’s 36” water pipeline and the City of Richmond’s 6” sludge line, which are located between the West County Wastewater District Treatment Plant and the Richmond Municipal Sewer District Water Pollution Control Plant. The Cathodic Protection System is further depicted and described in Exhibit A.

Date: ___________, 2024

WEST COUNTY AGENCY

________________________________________

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Exhibit A to Bill of Sale
Cathodic Protection System

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EXHIBIT G
Form of Assignment and Assumption Agreement: WCA to City

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ASSIGNMENT AND ASSUMPTION AGREEMENT

This Assignment and Assumption Agreement (this “Agreement”) is made and entered into effective as of _______, 2024 (the “Effective Date”), by and between the West County Agency , a Joint Powers Agreement formed pursuant to California Government Code Section 6500 et. seq (“Assignor”), and the City of Richmond, a municipal corporation (“Assignee”).

A. Assignor and Assignee have entered into the West County Agency Dissolution Agreement (the “Dissolution Agreement”), which provides the terms and provisions under which the West County Agency will be dissolved.

B. As part of the dissolution, Assignor shall assign to Assignee, and Assignee shall assume from Assignor, certain operating contracts and other Agreements listed on Exhibit A (collectively, the “Assumed Contracts”).

The Parties therefore agree as follows:

1. Assignment. Assignor hereby sell s, assign s, transfer s and convey s to Assignee all of Assignor’s right, title and interest, if any, in and to the Assumed Contracts; provided, however, that nothing herein shall be construed as (i) imposing any liability on Assignee with respect to the Assumed Contracts for the performance of obligations arising thereunder prior to the Effective Date or as a result of the acts or omissions of Assignor o r of its officers, employees, contractors, agents or affiliates thereunder prior to the Effective Date, or (ii) imposing any liability on Assignor with respect to the Assumed Contracts as a result of the acts or omissions of Assignee or of its officers, em ployees, contractors, agents or affiliates thereunder from and after the Effective Date.

2. Assumption. Assignee hereby accepts the sale, assignment, transfer and conveyance of Assignor’s right, title and interest in and to the Assumed Contracts; provided, however, that nothing herein shall be construed as (i) imposing any liability on Assignee with respect to the Assumed Contracts for the performance of obligations arising thereunder prior to the Effective Date or as a result of the acts or omissions of Ass ignor or its officers, employees, contractors, agents or affiliates thereunder prior to the Effective Date, or (ii) imposing any liability on Assignor with respect to the Assumed Contracts as a result of the acts or omissions of Assignee or its officers, e mployees, contractors, agents or affiliates thereunder from and after the Effective Date.

3. Governing Law; Amendment . This Agreement shall be governed by and construed in accordance with the laws of the State of California and may not be amended or modified except by written instrument signed by the parties hereto.

4. Counterparts. This Agreement may be executed in any number of counterparts and delivered by facsimile or electronic mail with the same effect as if all Parties had executed the same document. All such counterparts shall be construed together and shall constitute one instrument.

5. Attorneys’ Fees. In the event of a dispute among the parties hereto with respect to the subject matter hereof, the prevailing party in any such dispute shall be entitled to collect from the other any and all attorneys’ fees and costs.
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6. Entirety. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, it being understood and agreed that nothing herein shall affect the rights and obligations of Assignor and Assignee under the Purchase Agreement. This Agreement shall be subject to and governed by the terms and conditions of the Purchase Agreement. Notwithstanding any other provision of this Agreement, no provision of this A greement shall in any way modify, amend, replace, change, rescind, waive, enlarge or in any way affect the express provisions (including the warranties, covenants, agreements, conditions, representations, or any of the obligations and indemnifications of the parties hereto) set forth in the Purchase Agreement, this Agreement being intended solely to effect the transfer and assignment of certain rights sold and purchased pursuant to and in accordance with the Purchase Agreement.

7. Notices. Any notice, request or other communication to be given by either party hereunder shall be in writing and shall be sent to the parties and in the manner specified in the Purchase Agreement.

8. Severability. Should any one or more of the provisions hereof be deemed to be invalid or unenforceable said determination shall not affect the validity or enforceability of the remaining terms hereof.

9. Captions. The captions in this Agreement have been inserted for convenience of reference only and shall not be construed to define or to limit any of the terms or conditions hereof. [Signature Page Follows]
1420

Signature Page for
Assignment and Assumption Agreement

The parties hereto have executed this Agreement on the date indicated below.

WEST COUNTY AGENCY

________________________________

CITY OF RICHMOND

________________________________
By:

Its:

APPROVED AS TO FORM:

____________________________

1421

Signature Page for
Assignment and Assumption Agreement

CONSENT
The undersigned consents to the assignment and assumption of the Assumed Contract according to the terms and conditions of this Agreement.
[Name of Party to Assigned Contract]

By:
[Name]
[Title]

Date:
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Exhibit A

Assumed Contract

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EXHIBIT H
Form of Assignment and Assumption Agreement: WCA to WCW

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ASSIGNMENT AND ASSUMPTION AGREEMENT

This Assignment and Assumption Agreement (this “Agreement”) is made and entered into effective as of _______, 2024 (the “Effective Date”), by and between the West County Agency, a Joint Powers Agreement formed pursuant to California Government Code Section 6500 et. seq (“Assignor”), and West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq. (“Assignee”).

The Parties therefore agree as follows:

1. Assignment. Assignor hereby sells, assigns, transfers and conveys to Assignee all of Assignor’s right, title and interest, if any, in and to the Assumed Contracts; provided, however, that nothing herein shall be construed as (i) imposing any liability on Assignee with respect to the Assumed Contracts for the performance of obligations arising thereunder prior to the Effective Date or as a result of the act s or omissions of Assignor or of its officers, employees, contractors, agents or affiliates thereunder prior to the Effective Date, or (ii) imposing any liability on Assignor with respect to the Assumed Contracts as a result of the acts or omissions of Ass ignee or of its officers, employees, contractors, agents or affiliates thereunder from and after the Effective Date.

2. Assumption. Assignee hereby accept s the sale, assignment, transfer and conveyance of Assignor ’s right, title and interest in and to the A ssumed Contracts; provided, however, that nothing herein shall be construed as (i) imposing any liability on Assignee with respect to the Assumed Contracts for the performance of obligations arising thereunder prior to the Effective Date or as a result of the acts or omissions of Assignor or its officers, employees, contractors, agents or affiliates thereunder prior to the Effective Date, or (ii) imposing any liability on Assignor with respect to the Assumed Contracts as a result of the acts or omissions of Assignee or its officers, employees, contractors, agents or affiliates thereunder from and after the Effective Date.

3. Governing Law; Amendment. This Agreement shall be governed by and construed in accordance with the laws of the State of California and may not be amended or modified except by written instrument signed by the parties hereto.

4. Counterparts. This Agreement may be executed in any number of counterparts and delivered by facsimile or electronic mail with the same effect as if all Parties had execu ted the same document. All such counterparts shall be construed together and shall constitute one instrument.
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6. Entirety. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, it being understood and agreed that nothing herein shall affect the rights and obligations of Assignor and Assignee under the Purchase Agreement. This Agreement shall be subject to and governed by the terms and conditions of the Purchase Agreement. Notwithstanding any other provision of this Agree ment, no provision of this Agreement shall in any way modify, amend, replace, change, rescind, waive, enlarge or in any way affect the express provisions (including the warranties, covenants, agreements, conditions, representations, or any of the obligatio ns and indemnifications of the parties hereto) set forth in the Purchase Agreement, this Agreement being intended solely to effect the transfer and assignment of certain rights sold and purchased pursuant to and in accordance with the Purchase Agreement.

8. Severability. Should any one or more of the provisions here of be deemed to be invalid or unenforceable said determination shall not affect the validity or enforceability of the remaining terms hereof.

19992009.8

The parties hereto have executed this Agreement on the date indicated below.

WEST COUNTY AGENCY

________________________________

WEST COUNTY WASTEWATER DISTRICT

________________________________
Andrew Clough, General Manager

APPROVED AS TO FORM:

____________________________
Nicole Witt, General Manager

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CONSENT
The undersigned consents to the assignment and assumption of the Assumed Contract according to the terms and conditions of this Agreement.
[Name of Party to Assigned Contract]

By:
[Name]
[Title]

Date:

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Exhibit A

Assumed Contract

1429

21022740.5
Operating Agreement
(WCW and City of Richmond Joint Assets)

This Operating Agreement (“Agreement”) is effective as of ___________, 2024 (“Effective Date”) and is between the West County Wastewater District, a sanitary district organized and existing pursuant to the provisions of California Health and Safety Code Sections 6400 et seq. (“WCW”), the City of Richmond, a municipal corporation (“City”), and the Richmond Municipal Sewer District, a public corporation and a sewer district organized and existing pursuant to the provisions of California Health and Safety Code Sections 4600 et seq. in the State of California (“RMSD”). WCW and Richmond/RMSD are each referred to as a “Party,” and together as the “Parties.”
A. WCW, the City, and RMSD are all members of the West County Agency (“WCA”) as established by the Joint Exercise of Powers Agreement (the “JPA Agreement”), executed by the Parties on February 15, 1977; amended the Agreement on August 11, 1981, amended and restated the agreement on June 15, 1984, and further amended the Agreement on April 2, 1990, November 23, 1992, December 21, 1993, August 6, 1996, and July 21, 2020. The Parties executed an Amended and Restated Joint Powers Agreement on November 7, 2023.

B. Section 20.1 of the JPA Amendment, as restated on November 7, 2023, provides that upon termination of the JPA, “the assets of the Agency will be divided among the [parties] in a manner that is equitable and consistent with the use and operation of the Facilities and in compliance with discharge permit requirements. Upon dissolution of the Agency, the Parties will mutually determine ownership of the Facilities and may enter into Joint Use Agreements or other agreements to share costs and liabilities associated with continued joint use of any Facility.”
C. As of December 31, 2024, the Parties have agreed to dissolve WCA pursuant to Section 20.1 of the JPA Agreement. Concurrently with this Agreement, the Parties have entered into the West County Agency Dissolution Agreement (the “Dissolution Agreement”) which sets forth the terms and conditions of the dissolution and the allocation of WCA assets between the Parties.

D. This Agreement provides the terms and conditions of the continued joint operation of the WCA assets following dissolution of the WCA, as further described herein.

The Parties therefore agree as follows:

1. Joint Facilities.

1.1 Ownership. Pursuant to Section 5.2(A-C) of the Dissolution Agreement, ownership of the SBS Dechlorination Facility, Transmission Pipeline, Submarine Outfall, Outfall Diffusers, and AtoN Buoys (together, the “Joint Facilities”) are vested in the City.

1.2 WCW Right to Use. WCW shall have a perpetual, irrevocable right to use the Joint Facilities for wastewater effluent treatment and discharge for the duration of this Agreement. WCW’s discharge capacity shall remain the maximum amount allowed under the NPDES permit CA0038539, as amended from time to time.
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1.3 Joint Facility Maintenance. Richmond shall be responsible for operating and maintaining the Joint Facilities in good repair and according to industry best practices.

Richmond shall be responsible for performing, or contracting for the performance, of all required inspections, routine maintenance, and repair costs for the Joint Facilities. Specifically, Richmond shall perform or ensure the performance of the following:

A. Quarterly inspections for the AtoN buoys.
(i) Repairs as required by inspection findings
B. Inspection of the diffuser system every 5 years.
(i) Repairs as required by inspection findings
C. Inspection of the transmission line and submarine outfall, per recommendations of the study to be completed by Carollo Engineers, Inc., and at a frequency thereafter to be determined based on the Carollo study and/or best practices.

1.4 Cost Sharing. Richmond shall account for all costs associated with the operation and maintenance of the Joint Facilities that are necessary for the treatment and disposal of effluent from the Richmond Plant (“Joint Expenses”). WCW will be responsible for 35% and Richmond will be responsible for 65% of the Joint Expenses, except as otherwise provided in subsection (e) or elsewhere in this Agreement.

A. Richmond will invoice WCW quarterly for its share of Joint Expenses, which will include a report or description of all costs included in that invoice. WCW will pay undisputed invoices within 60 days of receipt.

B. If Richmond encounters a non-routine Joint Expense in excess of $100,000, the Parties agree to meet and confer prior to making the expenditure.

C. If one or both Parties believe an expense should not be considered a Joint Expense, or that expenses should be allocated in a different ratio than provided in Section 1(d), the Parties will meet and confer to resolve the matter.

D. The Parties shall meet and confer and mutually agree to undertake a permanent (life-extending) repairs to the Joint Facilities, or make the decision to remove or permanently abandon one or more of the Joint Facilities.

E. The City shall not abandon one or more of the Joint Facilities without obtaining WCW’s consent, and providing WCW the opportunity to take over maintenance and ownership of that asset.

1.5 SBS Dechlorination Station.

A. The City shall be responsible for operation and maintenance (“O&M”) of the SBS Dechlorination Station, and will bill WCW quarterly for the costs associated with said O&M. Costs associated with the SBS Dechlorination Station will be allocated in proportion to each Party’s use of the facility. For example, the facility was constructed in a manner that includes two chemical feed skids, one dedicated to dechlorinating WCW effluent, and the other, effluent from the City’s treatment facility. Quarterly billing will include all 1431

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documented O&M and repair costs related to the WCW skid and all SBS fed by that skid (as measured by the associated flow meter). Any major maintenance and repair of the dechlorination building and its systems (for example, electrical, plumbing or air handling) will be billed at the same ratio as agreed when the project was constructed (68 percent to the City and 32 percent to WCW).

B. To allow WCW to effectively plan and budget, the City will provide prompt notification upon becoming aware of a necessary major maintenance expense. In the event of significant damage (caused by storm, fire, vandalism, landslide, operational incident or other) occurring to the SBS Dechlorination Station, the City will provide immediate notification to WCW management.

C. O&M and periodic replacements for the Dechlorination Station will be performed per industry standards or OEM recommendations.

D. If one or both Parties believe an expense should be allocated in a different ratio, the Parties will meet and confer to resolve the matter.

2. Cathodic Protection System.

2.1 Pursuant to Section 4.2(D), ownership of the Cathodic Protection System protecting the 6” and 36” pipelines between the WCW plant and the Richmond plant is vested in WCW. The Cathodic Protection System is more fully described in the 2019 Cathodic Protection system Testing and Evaluation Technical Report by Alisto Engineering Group, and is depicted in the CP System Survey Locations Plan in Figure 1 of the Technical Report, attached hereto as Exhibit A.

2.2 WCW shall be responsible for the operation and maintenance of the Cathodic Protection System, and will bill Richmond quarterly for 50% of the costs associated with the maintenance and operation of the Cathodic Protection System. WCW may contract out the maintenance work on an annual or semiannual basis. Should the maintenance work be contracted, WCW will confer with the City in advance, on selection of the contractor and total costs to be billed.

2.3 If one or both Parties believe an expense should be allocated in a different ratio, the Parties will meet and confer to resolve the matter.

2.4 WCW shall not abandon the Cathodic Protection System without obtaining the City’s consent, and providing the City the opportunity to take over maintenance and ownership of that asset.

3. Duties of the Parties.

3.1 The Parties will meet periodically, in intervals not less than bi-annually, to meet and confer on the operation, maintenance, and management of the Joint Facilities. The Parties may mutually agree to cost sharing ratios that differ from those described in Section 1 and 2 as necessary to reflect true operational costs and principles of fairness. Each Party shall promptly share information relating to the Joint Facilities and costs to operate and maintain said facilities.
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3.2 Both Parties shall comply with permit conditions and all other legal or regulatory requirements imposed by any local, state, or federal regulatory body.

3.3 Both Parties shall maintain records relating to the Joint Facilities and shall make all records available for review by the other Party upon request.

3.4 Both Parties shall carry adequate insurance to perform all acts and obligations under this Agreement.

4. Remedies

4.1 Either Party may perform temporary or emergency repairs to the Joint Facilities or the Cathodic Protection System reasonably necessary to prevent harm to the facilities, third parties, or the environment, with prior written notice to the other Party. If time does not permit advanced notice, the Party engaging in the work will provide notice as soon as possible after the emergency situation has abated.

4.2 Third Party Liability. Richmond shall require any contractor performing wok on the Joint Facilities to name WCW as an additional insured, and include indemnity and liability provisions protecting Richmond and WCW, as well as their employees, directors, and agents.

5. Indemnity. Each party will indemnify, defend, and hold harmless the other from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, “Losses”): (1) to the extent arising out of the indemnifying party’s negligence or willful misconduct in the operation or maintenance of the Joint Facilities or the Cathodic Protection System, except to the extent of Losses are caused by the indemnified party’s negligence or willful misconduct; and (2) each Party’s share of any claims that arise while the Party is a co-permittee under the NPDES permit and that are shared liabilities deemed the responsibility of all permittees.

6. Dispute Resolution. In the event of any dispute, the Parties will promptly meet and confer, first at a staff level and then elevated to the Parties’ governing bodies, in a good faith attempt to resolve the dispute. In connection with such negotiations, the Party asserting the dispute must provide the other with a written description of the nature of the dispute, along with reasonable supporting documentation. If a dispute cannot be resolved by the parties independently, they may agree to submit such dispute to non-binding mediation by a mutually agreed-upon neutral third party with offices in the west Contra Costa area. The cost of mediation will be shared equally. In the alternative, a Party may choose to resolve questions or disputes arising under this Agreement through arbitration or judicial determination.

7. Term; Termination. This Agreement is effective as of the Effective Date and will continue until terminated by mutual agreement of the Parties.

8. Miscellaneous.

8.1 Integration, Governing Law, Amendment. This Agreement represents the entire understanding of the Parties as to their interests and obligations relating to the Joint Facilities. To the extent that it contradicts or varies from this Agreement, no prior oral or written understanding will be of any force or effect with respect to the matters covered by this Agreement. This Agreement is governed by the laws of the State of California and will be 1433

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construed as if drafted by all Parties. This Agreement may not be modified except in writing, approved and executed by the Parties.

8.2 Third Parties. This Agreement does not create any third-party beneficiary or any rights in any person or party other than the Parties.

8.3 Signing Authority. Each Party represents and warrants that each person or persons executing this Agreement on its behalf is duly authorized to do so by the respective Party and that this Agreement binds the Parties.

8.4 Notices. Any written notice required by this Agreement will be made by U.S. mail or by reliable overnight courier and delivered to the following address, together with a courtesy copy by email:

To WCW: West County Wastewater District
2910 Hilltop Drive
Richmond, CA 94806
Attn: General Manager

To RMSD/ the City: City of Richmond Public Works Department 450 Civic Center Plaza
Richmond, CA 94804
Attn: City Manager

Either party may, by written notice to the other, designate a different address or addressee, which will be substituted immediately for that specified above.

8.5 Severability. If any provision of this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, but this Agreement will be construed as if the invalid, illegal, or unenforceable provision had never been set forth herein, and the remainder will be enforceable to the fullest extent permitted by law.

8.6 Successors & Assigns. The terms of this Agreement are binding upon and will inure to the benefit of and be enforceable by the respective successors and assigns of the Parties.

8.7 Counterparts. This Agreement may be executed in counterparts, each of which is an original, but all of which together will constitute one and the same instrument.

The Parties are signing this Agreement as of the Effective Date.

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WEST COUNTY WASTEWATER DISTRICT
Dated: ______________________ By:

Name
Title
Approved as to Form:

Hanson Bridgett, LLP
By: ________________________
District Counsel

THE CITY OF RICHMOND

Approved as to Form:

By: ________________________
Pam Christian, City Clerk

By: ________________________
Dave Aleshire, City Attorney

Dated: ______________________ By:

Shasa Curl
City Manager

RICHMOND MUNICIPAL SEWER DISTRICT
Dated: ______________________ By:

Shasa Curl
City Manager

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EXHIBIT A
Diagram of Cathodic Protection System
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Richmond City CouncilDecember 17, 2024

Richmond City Council
December 17, 2024