Reso. No. XX-21
RESOLUTION NO. XX-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, WAIVING THE REQUIREMENTS OF THE SANCTUARY CITY CONTRACTING AND INVESTMENT ORDINANCE (ORD. NO. 12-18 N.S.) AS TO
MOTOROLA FOR FUTURE CONTRACTS AND PURCHASES
WHEREAS, the City of Richmond is a Sanctuary City committed to protecting all members of the community, and the Sanctuary City Contracting and Investment Policy Ordinance (Ordinance No. 12-18 N.S.) was adopted to prohibit the City from entering into contracts or making investments with persons or entities that provide “Data Broker” or “Extreme Vetting” services to the U.S. Immigration and Customs Enforcement (ICE); and WHEREAS, the Ordinance allows for exceptions when the City Council determines that no reasonable alternative exists, considering the availability of alternatives, the intent of the ordinance, and the quantifiable additional costs; and
WHEREAS, it is determined that Motorola is used broadly by local, state, and federal agencies, including the United States military, and is unable to meet the requirements set forth in Ordinance No. 12-18 N.S.; and
WHEREAS, the Richmond Fire and Police Departments use Motorola-brand mobile and portable radios as part of their core emergency communication infrastructure, which is essential to delivering critical public safety services; and
WHEREAS, the City of Richmond is a member of the East Bay Regional Communications System Authority (EBRCSA), a Motorola-based interoperable communications system serving agencies across Alameda and Contra Costa counties; and
WHEREAS, Motorola equipment and services, including radios, batteries, software updates, and related technology, are critical for ensuring interoperability and functionality within the EBRCSA system, and are not reasonably substitutable due to technical and operational requirements; and
WHEREAS, procurement of this equipment may require purchasing from either Motorola directly or through Red Cloud, Inc., their exclusive authorized representative for the region encompassing Alameda, Contra Costa, San Mateo, Marin Counties, and the City and County of San Francisco; and
WHEREAS, based on departmental compliance reviews and findings documented in the Departmental Sanctuary City Compliance Statement, Finance staff have determined that the continued procurement of Motorola equipment is necessary to maintain public safety and that no reasonable alternative exists; and
WHEREAS, denying the City’s ability to contract with Motorola would have a significant negative impact on emergency response services, interoperability, and public safety; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby finds that Motorola is the only reasonable option for the required equipment and services, and approves a waiver of the requirements of Ordinance No. 12-18 N.S. as they apply to Motorola for all future contracts and purchases; and
BE IT FURTHER RESOLVED that the waiver shall apply solely for the purposes of acquiring Motorola-branded equipment and services necessary for emergency communications, as determined by the Finance Department in consultation with affected departments and consistent with the Ordinance’s intent to protect community members.
Reso. No. XX-21
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I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held [enter date], 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 }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-XX, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on [enter date].
Pamela Christian, Clerk of the City of Richmond
Reso. No. XX-21
CLERK’S
CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:
The foregoing resolution is a full, true, and correct copy of Resolution No. XX-XX duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the [X day of Month Year] , of which meeting all the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true, and correct copy of the original resolution adopted at said meeting.
Said resolution h as not b een amended, mod ified, or rescinded s ince the d ate of its adoption, and the same is now in full force and effect.
Dated: , 2023.
City Clerk of the City of Richmond
[SEAL]