HomeMy WebLinkAboutAgreement A-24-094 Grant Application with BSCC MOU with City of Fresno.pdf Agreement No. 24-094
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FRESNO and THE COUNTY OF FRESNO
BSCC Organized Retail Theft Prevention Grant Program
This Memorandum of Understanding (Agreement), which incorporates Board of
State and Community Corrections (BSCC) project number BSCC 1153-23 including
Certifications and Assurances, is made and entered into this day of l , 2023,
by and between the County of Fresno, acting by and through its governing body, County
Board of Supervisors ("COUNTY"), and the City of Fresno, acting by and through its
governing body, the City Council ("CITY"), witnesseth:
WHEREAS, each governing body finds that the performance of this Agreement is
in the best interests of all parties, that the undertaking will benefit the public, and that the
division of costs/allocation of funds is dictated by the BSCC Organized Retail Theft
Prevention Grant Program (hereinafter referred to as the "Program") award documents,
and compensates the performing party for the services orfunctions underthis Agreement;
and
WHEREAS, the Program is intended to enhance the collaborative effort between
the Fresno Police Department and the Fresno County District Attorney's Office in the
implementation of the Fresno Metropolitan Area Organized Retail Task Force with the
intent to work together towards the mutual goal of creating a collaborative task force with
the primary objective of combating and aggressively prosecuting Organized Retail Theft
(ORT)offenders. The Fresno County District Attorney's Office will provide legal guidance
in matters of California law and any other required agreements with participating agencies
to execute the initiative; and
WHEREAS, the CITY, and COUNTY agree to comply with all requirements of the
Program, in accordance with all applicable statutes, regulations, OMB circulars, and
guidelines; and
WHEREAS, the CITY and COUNTY believe that implementation of the Program
as described herein will further the above goal, and to this end agree to coordinate
reference herein.
NOW THEREFORE, in consideration of the above recitals which are contractual
in nature, and of the mutual promises contained herein,the COUNTY and CITY agree as
follows:
Section 1.
The CITY and COUNTY have agreed that the CITY will act as Fiscal Agent for
purposes of the BSCC Organized Retail Theft Prevention Grant Program. The CITY and
COUNTY have agreed neither party will seek costs associated with administering
Program funds. Contingent upon funding being available, CITY agrees to allocate funding
to the COUNTY in the amount of$250,071 for year one, $302,224 for years two and three
1
each during the performance period of the grant, not to exceed $854,519 in grant funds
allocated to the COUNTY throughout the three-year term of this Agreement. The
COUNTY allocation of grant funds is further shown in Exhibit A.
Section 2.
CITY and COUNTY agree to use funds for the investigation and prosecution of
Organized Retail Theft, catalytic convertor theft, and vehicle theft at all levels until
expiration of the Program term, whereupon any unused funds shall be remitted to the
State of California BSCC, consistent with Program requirements.
Section 3.
CITY shall indemnify, hold harmless and defend COUNTY and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any time and property damage) incurred by COUNTY,
CITY or any other person, and from any and all claims, demands and actions in law or
equity (including attorney's fees and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct
of CITY or any of its officers, officials, employees, agents or volunteers in the performance
of this Agreement; provided nothing herein shall constitute a waiver by CITY of
governmental immunities including California Government Code section 810 et seq.
COUNTY shall indemnify, hold harmless and defend CITY and each of its
officers, officials, employees, agents and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred
by the CITY, COUNTY or any other person, and from any and all claims, demands and
actions in law or equity(including attorney's fees and litigation expenses), arising or alleged
to have arisen directly or indirectly from the negligent or intentional acts or omissions, or
willful misconduct of COUNTY or any of its officers, officials, employees, agents or
volunteers in the performance of this Agreement; provided nothing herein shall constitute
a waiver by COUNTY of governmental immunities including California Government Code
section 810 et seq.
In the event of concurrent negligence on the part of CITY or any of its officers,
officials, employees, agents or volunteers, and COUNTY or any of its officers, officials,
employees, agents or volunteers, the liability for any and all such claims, demands and
actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages
shall be apportioned under the State of California's theory of comparative negligence as
presently established or as may be modified hereafter.
This section 3 shall survive termination or expiration of this Agreement.
2
Section 4.
The term of this Agreement shall begin on October 1, 2023, and shall end on June
1, 2027.
Section 5.
The CITY and COUNTY agree to comply with all requirements of the FY 2024
Organized Retail Theft Prevention grant program (42 U.S.C. 3751(a)), and in accordance
with all applicable statutes, regulations, Office of Management and Budget ("OMB")
Circulars, and guidelines, including the BSCC Grant Administration Guide. COUNTY
agrees to provide the CITY, as Fiscal Agent, with all required financial reporting within 30
days after the end of each quarter and quarterly programmatic reporting information no
later than the 30 days following the end of each quarter, in a format approved by the CITY.
Section 6.
The parties are acting in an independent capacity. Each of the parties agrees that
it, including any and all of its officers, agents, and/or employees, shall have absolutely no
right to employment rights and benefits available to the other party's employees. Each
party shall be solely liable and responsible for providing to, or on behalf of, its own officers,
agents, and/or employees all legally and contractually required employee benefits. In
addition, each party shall be solely responsible and save the other party harmless from
all matters relating to payment of each party's employees, including, but not limited to,
compliance with applicable social security withholding and all other regulations governing
such matters. Further and without limitation, each party to this Agreement will be
responsible for its own actions in providing services under this Agreement and shall not
be liable for any civil liability that may arise from the furnishing of the services by the other
party.
Section 7.
The parties to this Agreement do not intend for any third party to obtain a right by
virtue of this Agreement.
Section 8.
By entering into this Agreement, the parties do not intend to create any obligations,
express or implied, other than those set out herein. Further, this Agreement shall not
create any rights in any party not a signatory hereto.
Section 9.
Any and all notices between the parties provided for or permitted under this
Agreement or by law shall be in writing and shall be deemed duly served when personally
delivered to each party, or in lieu of such personal service, when deposited in the United
States Mail, postage prepaid, addressed to each party at the address provided on the
signature page of this Agreement. For all claims arising out of or related to this
Agreement, nothing in this section establishes, waives, or modifies any claims
presentation requirements or procedures provided by law, including but not limited to the
3
Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with
section 810).
Section 10.
Each party shall, at any time during business hours, and as often as each party
may reasonably deem necessary, make available to each other for examination all of its
records and data, with respect to the matters covered by this Agreement, for a period of
three years following the close-out of the 2024 Organized Retail Theft Prevention grant
program.
Section 11.
The provisions of this Agreement are severable. The invalidity, or unenforceability
of any one provision in this Agreement shall not affect the other provisions.
Section 12.
The parties acknowledge that this Agreement in its final form is the result of the
combined efforts of the parties, and that, should any provision of this Agreement be found
to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against any party, but rather by construing the terms in
accordance with their generally accepted meaning.
Section 13.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes all previous agreements, negotiations,
proposals, commitments, writing, advertisements, publications, and understandings of
any nature whatsoever unless expressly included in this Agreement.
Section 14.
Each party represents that it and the person signing on its behalf has full authority
to execute and enter into this Agreement.
Section 15.
This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
Agreement, binding on the parties hereto according to its terms and conditions.
This Agreement is subject to ratification by the approval of the Fresno City Council,
and approval of the County Board of Supervisors.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
Fresno County, California as of the day and year first hereinabove written.
CITY OF ESNO COUNTY OF FRESNO
By: By:
Geo g anne A. White Nathan Magsig, Chairman
City nager, City of Fresno Fresno County Board of Supervisors
jATTEST:
BERNICE E. SEIDEL,
a
Clerk of the
o alderrama Board of Supervisors
f of Police
no Police Department By: (�,�.�,;�.
ATTEST:
TODD STERMER, CMC
City Cl -
1'202�{
putt Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By(L-
Jennifer M. Wharton Date
Deputy City Attorney
Address:
City of Fresno
Attn: Chief Paco Balderrama
Fresno Police Department
2323 Mariposa Street
Fresno, CA 93721
*By law, the Fresno City Attorney's Office may only advise or approve the form of contracts
or legal documents on behalf of its clients. It may not advise or approve the form of
contracts or legal document on behalf of other parties. Our view of this document was
conducted solely from the legal perspective of our client. Our approval as to the form of
this document was offered solely for the benefit of our client. Other parties should not rely
on this approval and should seek review and approval by their own respective attorney(s).
5
Exhibit A
BSCC Organized Retail Theft Prevention Grant Program
FRESNO COUNTY DISTRICT ATTORNEY'S OFFICE
PROGRAM BUDGET
Purpose Budget Year l Budget Year 2 Budget Year 3
Overtime for DA Investigator $32,251.00 $28,060.00 $25,094.00
3— Part-time Senior DA Investigator
(28 hr. per week) $192,197.00 $265,164.00 $268,130.00
Vehicle Rentals
($750 per month X 12 = $9,000 X 3) $9,000.00 $9,000.00 $9,000.00
1 - Digital Video Recorder DVR Examiner $5,000.00 $0.00 $0.00
1 - Premium Cell Phone Tool -Cellebrite
UFED Ultimate (Perpetual) $6,450.00 $0.00 $0.00
Digital Video Recorder Suite Tableau Write
Block $448.00 $0.00 $0.00
Digital Video Recorder Laptop $2,500.00 $0.00 $0.00
Digital Video Recorder Backpack $125.00 $0.00 $0.00
Premium Cell Phone Tool - Cellebrite PARS $1,500.00 $0.00 $0.00
Premium Cell Phone Tool - Cellebrite
Cheetah $600.00 $0.00 $0.00
Total Annual Budget $250,071.00 $302,224.00 $302,224.00
Total All Budget Years: $854,519
6
DocuSign Envelope ID:1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC-1153-23
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev 03/2019) 1 BSCC 1153- 23 1
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
City of Fresno Police Department
2.The term of this Agreement is:
START DATE
OCTOBER 1, 2023
THROUGH END DATE
JUNE 1, 2027
3.The maximum amount of this Agreement is:
$23,663,194.00
4.The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are
by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 5
Attachment 1* Organized Retail Theft Prevention Grant Program Request for Proposals
Attachment 2 Organized Retail Theft Prevention Grant Program Grant Proposal 39
Appendix A Organized Retail Theft Grant Program Scoring Panel Roster 1
Appendix B Grantee Assurance for Non-Governmental Organizations 2
This item is hereby incorporated by reference and can be viewed at:https.-Ilwww.bscc.ca.govlorganized-retail-theft-grant-programI
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
City of Fresno Police Department STATE I ZIP
CONTRACTOR BUSINESS ADDRESS CITY
2600 Fresno Street Fresno I CA 193721
PRINTED NAME OF PERSON SIGNING TITLE
Georgeanne White City Manager
CON T-.R..AQTQRAWTHORIZED SIGNATURE DATE SIGNED
9/28/2023
�-41359MBA274430 STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento ICA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
Colleen Curtin Digitally signed by Colleen Curtin
Date:2024.01.01 20:38:54-08'00' 1
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL- EXEMPT PER SCM,VOLUME 1,CH.4.06
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 1 of 3
EXHIBIT A: SCOPE OF WORK
1. GRANT AGREEMENT— Organized Retail Theft Grant Program
This Grant Agreement is between the State of California, Board of State and Community
Corrections (hereafter referred to as BSCC) and City of Fresno Police Department(hereafter
referred to as the Grantee).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The Organized Retail Theft Grant Program was established in Senate Bill 154 (SB 154)
(Chapter 43, Statutes of 2022). Organized Retail Theft Grant Program funds shall be used
to support local law enforcement agencies in preventing and responding to organized
retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
B. Grantee agrees to administer the project in accordance with Attachment 1: Organized
Retail Theft Grant Program Request for Proposals (incorporated by reference) and
Attachment 2- Organized Retail Theft Grant Program Grant Proposal, which is attached
and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for
administration of the Grant Agreement and shall have authority to make determinations
relating to any controversies that may arise under or regarding the interpretation,
performance, or payment for work performed under this Grant Agreement.
B. The Grantee's project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Georgeanne White
Title- City Manager
Address- 2600 Fresno Street, Fresno CA 93721
Phone.- 559-621-7795
Email- georgeanne.white@fresno.gov
Designated Financial Officer authorized to receive warrants:
Name- Michelle Wooten
Title- Business Manager
Address: 2323 Mariposa Mail, Fresno CA 93721
Phone- 559-621-2053
Email- michelle.wooten@fresno.gov
Project Director authorized to administer the project'.
Name- Burke Farrah
Title: Deputy Chief of Police
Address: 2323 Mariposa Mall, Fresno CA 93721
Phone- 559-621-2301
Email- burke.farrah@fresno.gov
C. Either party may change its project representatives upon written notice to the other party.
oncvoNn Envelope ID:1 185p
FreanoPD
BSCC1153-23
Page 2 of
EXHIBIT A: SCOPE OF WORK
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or
she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data COl|9CUOO and reporting requirements as
described in Attachment 1- Organized Retail Theft Grant Pn}g[GDl Request for PFOpOS8lS
(incorporated bV reference) and Attachment 2- Organized Retail Theft Grant Program Grant
Proposal.
5' REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These
reports, which will describe progress made On program objectives and include required data,
Sh8|| be submitted according tO the following schedule-
Quarterly Progress Report Periods Due no later than:
1. October 1. 2023tO December 31. 2O23 February 15. 2O24
2. January 1' 2024to March 31. 2O24 May 15. 2U24
3. April 1. 2O34to June 3O. 2O24 August 15. 2O24
4. July 1. 2O24to September 3O. 2024 November 15. 2O24
5. October 1. 2U34to December 31. 2024 February 15. 2U25
8. January 1, 2U25ho March 31. 2O25 May 15. 2O25
7. April 1. 2O25to June 3O. 2025 August 15. 2O25
8. July 1, 2U25to September 3U. 2U25 November 15. 2O25
9. October 1. 2025to December 31. 2O25 February 15. 2O20
10. January 1. 2O2Oto March 31. 2O20 May 15, 2O2O
11. April 1, 2U2Ob>June 3O. 2O20 August 15. 2O20
12. July 1. 2O20tu September 3O. 2O28 November 15. 2U2O
13. October 1. 2O20to December 31. 2020 February 15. 2O27
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan April 1. 2024
2. Final Local Evaluation Report June 1. 2027
C. Other Due no later than:
Financial Audit Report June 1. 2D27
Grantees that are unable to deOlOOStrGt8 that they are making sufficient progress toward
project goals and Dbi8CUVeS and show that funds are being spent in accordance with the
Grant Agreement could be subject toGwithholding of funds.
G' PROJECT RECORDS
A. The Grantee shall establish 8O official file for the project. The file shall contain adequate
dOcUDleOt8tiOO of all @CtiOOS taken with respect to the project, including copies Of this
Grant 4nP8erD8Ot. 8ppnJV8d program/budget modifications, financial records and
required reports.
DocuSign Envelope ID: I CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 3 of 3
EXHIBIT A: SCOPE OF WORK
B. The Grantee shall establish separate accounting records and maintain documents and
other evidence sufficient to properly reflect the amount, receipt, and disposition of all
project funds, including grant funds and any matching funds by the Grantee and the total
cost of the project. Source documentation includes copies of all awards, applications,
approved modifications, financial records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all
individuals reimbursed under the grant, whether they are employed full-time or part-time.
Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including
the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records
are stored away from the Grantee's principal office, a written index of the location of
records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3)
years after closeout of the grant project and shall be subject at all reasonable times to
inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the
BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the
records has been started before the expiration of the three-year period, the records must
be retained until the completion of the action and resolution of all issues which arise from
it or until the end of the regular three-year period, whichever,is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on
the Organized Retail Theft Grant Program Scoring Panel from receiving funds awarded
under the Organized Retail Theft Grant Program RFP. Applicants who are awarded
grants under this RFP are responsible for reviewing the Organized Retail Theft Grant
Program Scoring Panel roster(Appendix A) and ensuring that no grant dollars are passed
through to any entity represented by the members of the Organized Retail Theft Grant
Program Scoring Panel.
B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may
revoke the grant award and legal consequences could exist for the parties involved,
including, but not limited to, repayment of the grant award.
DocuSign Envelope|D 1CCc74r5-2��E95-9Ap7-A3orE6D3185F
FneanoPD
8SCC115J-23
Page of
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
A. The Grantee shall be paid quarterly iD arrears by submitting @O invoice (Form 201) tOthe
BSCC that outlines actual expenditures C|8iDl8d for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. October 1. 2U23to December 31, 2023 February 15. 2024
2. January 1. 2024 to March 31, 2024 May 15, 2024
3. April 1. 2024hJ June 30' 2U24 August 15. 2O24
4. July 1. 2U24to September 30, 2O24 November 15. 2O24
5. October 1. 2O24tu December 31. 2O24 February 15. 2O25
O. January 1. 2O25tO March 31. 2U25 May 15. 2U25
7. April 1. 2025to June 30. 2025 August 15. 2O25
8. July 1, 2025 to September 30. 2025 November 15, 2025
9. October 1. 2O25to December 31. 2O25 February 15. 2U2O
10. January 1. 2O2Otu March 31. 2O20 May 15. 2O20
11. April 1. 2O20to June 3U. 2028 August 15. 2O26
12� July 1. 2O28t0 September 3O, 2O2O November 15' 2O2G
18. October 1. 2U2Oto December 31. 2O20 February 15. 2027
Final Invoicing Periods*: Due no later than:
14. January 1. 2U27to March 31. 3O27 May 15. 2O27
15. April 1. 2O27to June 1. 2O27 August 15. 2O27
*Note: Project activity period ends December 31, 2026. The period of January Y. 2027, to
June Y. 2D27, isfor completionwf Final Local Evaluation Report and financial audit only.
B. All project expenses must be incurred by the end Of the project activity period,
Oecennber31. 2028. and iOC|Ud8d on the final invoice due February 15, 2027. Project
expenditures incurred after December 31. 2O28 will not b8reimbursed.
C. The Final Local Evaluation Report iS due toBSCCby June 1. 2O27. Expenditures incurred
for the completion Of the Final Local Evaluation Report during the period of
January 1. 2O27. tO June 1. 2O27. must be submitted during the Final Invoicing Periods,
with the final invoice due on August 15, 2027. Supporting fisC8| documentation will be
required for all expenditures claimed OO dU[{Og the Final Invoicing Periods and must be
submitted with the final invoice.
D. The Financial Audit Report isdue to B8CC by June 1. 2027. Expenditures incurred for
the completion ofthe financial audit during the period Of January 1. 2O27. h} June 1. 2O27.
must be submitted during the Final Invoicing Periods, with the final invoice due OO
/\UgU3t 15. 2027. Supporting fiscal documentation will be required for all expenditures
claimed during the Final Invoicing Periods and must be submitted with the final invoice.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds
are not expended O[ requested during the invoicing period.
F. Upon the []GCC'S n8qU8St. supporting documentation nlUSt be submitted for project
expenditures. Grantees are required to maintain supporting dOCUDl8OtaUoO for all
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 2 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
expenditures on the project site for the life of the grant and make it readily available for
review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.
Grantee waives any and all claims against the BSCC, and the State of California on
account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the
project to exceed the amount of the grant award identified in this Grant Agreement. In no
event shall changes be authorized for the Administrative Salaries and Benefits line item
that would result in that item exceeding ten percent (10%) of the grant award.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through Organized Retail Theft funding generated from the
General Fund. The Grantee agrees that the BSCC's obligation to pay any sum to the
grantee under any provision of this agreement is contingent upon the availability of
sufficient funding granted through the passage of Senate Bill 154 (Chapter 43, Statutes of
2022), also known as the California Budget Act of 2022. It is mutually agreed that if the
Budget Act of the current year and/or any subsequent years covered under this Grant
Agreement does not appropriate sufficient funds for the program, this Grant Agreement
shall be of no further force and effect. In this event, the BSCC shall have no liability to pay
any funds whatsoever to Grantee or to furnish any other considerations under this
Agreement and Grantee shall not be obligated to perform any provisions of this Grant
Agreement.
B. If Organized Retail Theft funding is reduced or falls below estimates contained within the
Organized Retail Theft Request for Proposals, the BSCC shall have the option to either
cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment
to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to
an amendment in accordance with the option provided by Paragraph 3(B), it is mutually
agreed that the Grant Agreement shall have no further force and effect. In this event, the
BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Grant Agreement except that Grantee shall be required to maintain all
project records required by Paragraph 6 of Exhibit A for a period of three (3)years following
the termination of this agreement.
4. PROJECT COSTS
A. The Grantee agrees to comply with the BSCC Grant Administration Guide requirements
as posted on the BSCC website (currently the BSCC Grant Administration Guide July
2020) including any updated version that may be posted during term of the grant
DocuSign Envelope ID: 1 CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 3 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
agreement. BSCC will notify grantees whenever an updated version is posted. The BSCC
Grant Administration Guide is available at:
https://www.bscc.ca.gov/s correctionsplanningandprograms/
B. The provisions of the BSCC Grant Administration Guide are incorporated by reference
into this agreement and Grantee shall be responsible for adhering to the requirements
set forth therein. To the extent any of the provisions of the BSCC Grant Administration
Guide and this agreement conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that statements of expenditures submitted to the
BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible
project costs or an amount equal to any grant funds expended by the Grantee in violation
of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds
that expand current program activities. Grant funds shall not replace (supplant) any
federal, state and/or local funds that have been appropriated for the same purpose.
Violations can result in recoupment of monies provided under this grantor suspension of
future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant
Agreement in the event the Grantee has materially and substantially breached the terms
and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent
(5%), the BSCC may withhold that amount as security, to be released to the Grantee
upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice-,
2) submittal and approval of the final progress report', and
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If
grant funds have been provided for costs subsequently deemed ineligible, the BSCC may
either withhold an equal amount from future payments to the Grantee or require
repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC's Executive
Director or designee shall notify the Grantee of the reasons for withholding and advise
the Grantee of the time within which the Grantee may remedy the failure or violation
leading to the withholding.
7. EXECUTIVE ORDER N-6-22—RUSSIA SANCTIONS
DocuSign Envelope ID: 1 CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 4 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)
regarding Economic Sanctions against Russia and Russian entities and individuals.
"Economic Sanctions" refers to sanctions imposed by the U.S. government in response to
Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO
directs state agencies to terminate contracts with, and to refrain from entering any new
contracts with, individuals or entities that are determined to be a target of Economic
Sanctions. Accordingly, should the State determine Contractor is a target of Economic
Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that
shall be grounds for termination of this agreement. The State shall provide Contractor
advance written notice of such termination, allowing Contractor at least 30 calendar days to
provide a written response. Termination shall be at the sole discretion of the State.
8. PROJECT BUDGET
BSCC Budget Line Item A.
Grant Funds
1. Salaries and Benefits $15,332,935
2. Services and Supplies $1,009,516
3. Professional Services or Public Agency Subcontracts $1,671,781
4. Non-Governmental Organization (NGO) Subcontracts $0
5. Data Collection and Evaluation $75,000
6. Equipment/Fixed Assets $5,303,575
7. Financial Audit (Up to $25,000) $25,000
8. Other(Travel, Training, etc.) $245,387
9. Indirect Costs $0
ITOTALS $23,663,194
DocuSign Envelope ID:1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 1 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have the right
to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible audit
for a minimum of three (3) years after final payment, unless a longer period of records
retention is stipulated. Contractor agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, Contractor agrees to include a
similar right of the State to audit records and interview staff in any subcontract related to
performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State,
its officers, agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with
the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Contractor in
the performance of this Agreement. This obligation shall survive any termination of this
agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at
the time and in the manner herein provided. In the event of such termination the State may
proceed with the work in any manner deemed proper by the State. All costs to the State shall
be deducted from any sum due the Contractor under this Agreement and the balance, if any,
shall be paid to the Contractor upon demand.
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 2 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers
or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post-consumer material as defined in the
Public Contract Code Section 12200, in products, materials, goods, or supplies offered or
sold to the State regardless of whether the product meets the requirements of Public Contract
Code Section 12209. With respect to printer or duplication cartridges that comply with the
requirements of Section 12156(e), the certification required by this subdivision shall specify
that the cartridges so comply (Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract's benefits to any person on the basis of
race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status, nor shall they discriminate
unlawfully against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act(Gov. Code§12900 et seq.), the regulations promulgated thereunder(Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title
2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit
access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours,
but in no case less than 24 hours' notice, to such of its books, records, accounts, and all
other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained
in the document CCC 04/2017 (https://www.dqs.ca.gov/OLS/Resources/Page-
Content/Offi ce-of-Leg a I-Se rvices-Resou rces-L ist-Fold er/Sta nda rd-Con tract-La n q u a.ge) are
hereby incorporated by reference and made a part of this Agreement by this reference as if
attached hereto.
DocuSign Envelope ID:1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 3 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
112JIMELINESS: Time is of the essence in this Agreement.
13.COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with
the laws of the State of California.
15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions.
1) "Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public agencies
on whose behalf the Attorney General may bring an action pursuant to subdivision (c)
of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the
bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15)
or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body
tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the
assignor shall be entitled to receive reimbursement for actual legal costs incurred and
may, upon demand, recover from the public body any portion of the recovery, including
treble damages, attributable to overcharges that were paid by the assignor but were not
paid by the public body as part of the bid price, less the expenses incurred in obtaining
that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been
or may have been injured by the violation of law for which the cause of action arose and
(a) the assignee has not been injured thereby, or (b) the assignee declines to file a court
action for the cause of action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that'.
DocuSign Envelope ID: ICCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 4 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
A. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200)
of Part 5 of Division 9 of the Family Code', and
B. The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to
the New Hire Registry maintained by the California Employment Development
Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of
this Agreement have force and effect and shall not be affected thereby.
18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions
funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment under this
Contract(or within such other time period as may be specified elsewhere in this Contract)
report to the awarding department the actual percentage of small business participation
that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final
payment under this Contract (or within such other time period as may be specified
elsewhere in this Contract) certify in a report to the awarding department- (1) the total
amount the prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract" (3) the amount each
DVBE received from the prime Contractor-, (4) that all payments under the Contract have
been made to the DVBE; and (5) the actual percentage of DVBE participation that was
achieved. A person or entity that knowingly provides false information shall be subject
to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies
then the following statement is incorporated: It is unlawful for any person engaged in business
within this state to sell or use any article or product as a "loss leader" as defined in Section
17030 of the Business and Professions Code. (PCC 10344(e).)
DocuSign Envelope ID:I CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 1 of 5
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1. GRANTEE'S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review
and approval by the BSCC is solely for the purpose of proper administration of grant
funds, and shall not be deemed to relieve or restrict the Grantee's responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment
1: Organized Retail Theft Grant Program Request for Proposals (incorporated by
reference) and Attachment 2- Organized Retail Theft Grant Program Grant Proposal.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that
arise during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California. Grantee shall at all times comply with all applicable State
laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made
by the Grantee in Attachment 1: Organized Retail Theft Grant Program Request for
Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant
Program Grant Proposal, documents, amendments, approved modifications, and
communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project,
pay all charges and fees, and give all notices necessary or incidental to the due and lawful
proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract
for services needed to implement and/or support program activities. Grantee agrees that
in the event of any inconsistency between this Grant Agreement and Grantee's
agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual
relation between the BSCC and any subcontractors, and no subcontract shall relieve the
Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as
fully responsible to the BSCC for the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by the Grantee. The Grantee's obligation to pay
its subcontractors is an independent obligation from the BSCC's obligation to make
payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to
enforce the payment of any moneys to any subcontractor.
DocuSign Envelope ID:1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 2 of 5
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated
in the ARG Rehabilitation of Existing Property or Building Project RFP and described in
Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and
fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project
requiring the Grantee's subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence
pertinent to the subcontractor's work on the project in accordance with generally
accepted accounting principles. Adequate supporting documentation shall be
maintained in such detail so as to permit tracing transactions from the invoices, to the
accounting records, to the supporting documentation. These records shall be
maintained for a minimum of three (3) years after the acceptance of the final grant
project audit under the Grant Agreement, and shall be subject to examination and/or
audit by the BSCC or designees, state government auditors or designees, or by
federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available
to the BSCC or designee, the State Controller's Office, the Department of General
Services, the Department of Finance, California State Auditor, and their designated
representatives during the course of the project and for a minimum of three (3) years
after acceptance of the final grant project audit. The Subcontractor shall provide
suitable facilities for access, monitoring, inspection, and copying of books and records
related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable
access to project activities, sites, staff and documents at all reasonable times during the
grant period including those maintained by subcontractors. Access to program records will
be made available by both the grantee and the subcontractors for a period of three (3)
years following the end of the grant of the project.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this
Grant Agreement shall be in accordance with generally accepted government accounting
principles and practices, and adequate supporting documentation shall be maintained in
such detail as to provide an audit trail. Supporting documentation shall permit the tracing
of transactions from such documents to relevant accounting records, financial reports and
invoices.
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 3 of 5
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
B. The BSCC reserves the right to call for a program or financial audit at any time between
the execution of this Grant Agreement and three years following the end of the grant
period. At any time, the BSCC may disallow all or part of the cost of the activity or action
determined to not be in compliance with the terms and conditions of this Grant Agreement
or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent,
criminal, or other improper use. As such, the Board will not enter into contracts or provide
reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of
debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant
funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been
no applicable debarment, disqualification, suspension, or removal from a federal, state or
local grant program on the part of the grantee at the time of application and that the grantee
will immediately notify the BSCC should such debarment or conviction occur during the term
of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee
or subcontractor, a requirement that the subgrantee or subcontractor will provide the same
assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or
subcontractor that has been debarred or convicted, the grant recipient must submit a written
request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of
Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required
as Appendix E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from
the BSCC. Changes may include modification to project scope, changes to performance
measures, compliance with collection of data elements, and other significant changes in the
budget or program components contained in the Attachment 1: Organized Retail Theft Grant
Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program
Grant Proposal. Changes shall not be implemented by the project until authorized by the
BSCC.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and
prior to completion of project upon action or inaction by the Grantee that constitutes a
DocuSign Envelope ID: I CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 4 of 5
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
material and substantial breach of this Grant Agreement. Such action or inaction includes
but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of
the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with
Attachment 1- Organized Retail Theft Grant Program Request for Proposals and
Attachment 2- Organized Retail Theft Grant Program Grant Proposal, or approved
modifications,,
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing,
and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the
Grantee at least 30 calendar days written notice stating the reasons for termination and
effective date thereof. The Grantee may appeal the termination decision in accordance
with the instructions listed in Exhibit D- Special Terms and Conditions, Number 9.
Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If
the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and
Grant Programs Division Deputy Director a written demand for a final decision regarding
the disposition of any dispute between the parties arising under, related to, or involving
this Grant Agreement. Grantee's written demand shall be fully supported by factual
information. The BSCC Corrections Planning and Grant Programs Division Deputy
Director shall have 30 days after receipt of Grantee's written demand invoking this Section
"Disputes" to render a written decision. If a written decision is not rendered within 30 days
after receipt of the Grantee's demand, it shall be deemed a decision adverse to the
Grantee's contention. If the Grantee is not satisfied with the decision of the BSCC
Corrections Planning and Grant Programs Division Deputy Director, the Grantee may
appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-
day period in the event no decision is rendered), to the BSCC Executive Director, who
shall have 45 days to render a final decision. If the Grantee does not appeal the decision
of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the
decision shall be conclusive and binding regarding the dispute and the Contractor shall
be barred from commencing an action in court, or with the Victims Compensation
Government Claims Board, for failure to exhaust Grantee's administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant
Agreement, Grantee agrees to diligently proceed with the performance of this Grant
Agreement, including the providing of services in accordance with the Grant Agreement.
Grantee's failure to diligently proceed in accordance with the State's instructions
regarding this Grant Agreement shall be considered a material breach of this Grant
Agreement.
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PID
BSCC 1153-23
Page 5 of 5
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
C. Any final decision of the State shall be expressly identified as such, shall be in writing,
and shall be signed by the Executive Director, if an appeal was made. If the Executive
Director fails to render a final decision within 45 days after receipt of the Grantee's appeal
for a final decision, it shall be deemed a final decision adverse to the Grantee's
contentions. The State's final decision shall be conclusive and binding regarding the
dispute unless the Grantee commences an action in a court of competent jurisdiction to
contest such decision within 90 days following the date of the final decision or one (1)
year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as
applicable, excepting the time to commence an action in a court of competent jurisdiction.
10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee
acknowledges that applicability of Government Code §§16654 through 16649 to this Grant
Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or
deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State
property to hold meetings with employees or supervisors, if the purpose of such meetings
is to assist, promote or deter union organizing, unless the State property is equally
available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union
organizing, Grantee will maintain records sufficient to show that no reimbursement from
State funds has been sought for these costs, and that Grantee shall provide those records
to the Attorney General upon request.
11.WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such
waiver is contrary to law, provided that any such waiver shall be in writing and signed by the
party making such waiver.
DocuSign Envelope ID: 1 CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
BSCC Puxered by Submittable
Title City of Fresno Police 0, 7107/2023
Department id. 41333581
by Michelle Wooten in Organized Retail Theft
Prevention Grant Program
michelle.wooten.Cafresno.gov
Original Submission 07/07'2023
The Organized Retail Theft (ORT) Prevention Grant Program
Application is divided into five (5) sections as identified below.
Background Information Contact Information Program Information
Proposal Narrative and Budget Mandatory Attachments Each section
has a series of questions requiring a response. Applicants will be
prompted to provide written text, select options from a drop down
menu, select options from a multiple choice menu, or upload
attachments. Questions with a red asterisk require responses.
Applicants will not be able to submit the application until all questions
with a red asterisk have been completed. Applicants may reference
the ORT Prevention Grant Program Proposal Instruction Packet for
background information, key dates, rating factors, and other
important information to aid in the completion of the ORT Prevention
Grant Program Application. The ORT Prevention Grant Proposal
Instruction Packet is available on the Board of State and Community
Corrections (BSCC) website. NOTE: Applicants may start and stop
their application but must select "Save Draft" at the bottom of the
application before existing.
SECTION I - This section requests information about the applicant's name,
BACKGROUND location, mailing address, and tax identification number.
INFORMATION
Name of Applicant City of Fresno Police Department
(i.e., Police
Department, Sheriff's
Department, or
Probation
Department)
Multi-Agency Applicants may apply for funding as part of a multi-agency
Partnerships partnership (two [2] or more agencies). The agencies and
Information (if jurisdictions comprising the collaborative application are not required
applicable) to be contiguous. One (1) Lead Public Agency must be identified on
behalf of the partnership.
Multi-Agency Yes: This is a Multi-Agency Partnership Application
Partnerships
DocuSign Envelope ID 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Identification of Multi- Clovis Police Department
Agency Partners Fresno County Probation Department
Fresno County District Attorney's Office
Lead Public Agency All applicants are required to designate a Lead Public Agency (LPA)
Information to serve as the coordinator for all grant activities. The LPA is a
governmental agency with local authority within the applicant's city or
county. The applicant may choose to fill the role of LPA itself or it
may designate a department, agency, or office under its jurisdiction
to serve as the LPA. The role of the LPA is to coordinate with other
local government agency partners and non-governmental
organizations to ensure successful implementation of the grant
program. The LPA is responsible for data collection and
management, invoices, meeting coordination (virtual and/or in-
person), and will serve as the primary point of contact with the BSCC.
Lead Public Agency City of Fresno
Applicant's Physical 2600 Fresno Street
Address Fresno
California
93721
us
Applicant's Mailing
Address (if different
than the physical
address)
Mailing Address for P.O. Box 1271
Payment Fresno
CA
93715-1271
us
Tax Identification 94-6000338
Number
SECTION 11 - This section requests contact information for the individuals
CONTACT identified as the Project Director, Financial Officer, Day-to-Day Project
INFORMATION Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.
Project Director Burke
Farrah
Project Director's Deputy Chief of Police
Title with
Agency/Department/Organization
DocuSign Envelope ID. 1 CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
Project Director's 2323 Mariposa Mail
Physical Address Fresno
California
93721
us
Project Director's burke.farrah@fresno.gov
Email Address
Project Director's +15596212201
Phone Number
Financial Officer Michelle
Wooten
Financial Officer's Business Manager
Title with
Agency/Department."Organization
Financial Officer's 2323 Mariposa Mail
Physical Address Fresno
CA
93721
us
Financial Officer's michelle.wooten@fresno.gov
Email Address
Financial Officer's +15596212053
Phone Number
Day-To-Day Program Israel
Contact Reyes
Day-To-Day Program Police Lieutenant
Contact's Title
Day-To-Day Program 2323 Mariposa Mail
Contact's Physical Fresno
Address CA
93721
us
Day-To-Day Program israel.reyes@fresno.gov
Contact's Email
Address
Day-To-Day Program +15596216107
Contact's Phone
Number
Day-To-Day Fiscal Anita
Contact Villarreal
DocuSign Envelope ID 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Day-To-Day Fiscal Management Analyst 11
Contact's Title
Day-To-Day Fiscal 2323 Mariposa Mail
Sontact's Physical Fresno
Address CA
93721
us
Day-To-Day Fiscal anita.villarreal@fresno.gov
Contact's Email
Address
Day-To-Day Fiscal +15596212305
Contact's Phone
Number
Name of Authorized Georgeanne
Officer White
Authorized Officer's City Manager
Title
Authorized Officer's 2600 Fresno Street
Physical Address Fresno
CA
93721
us
Authorized Officer's georgeanne.white@fresno.gov
Email Address
Authorized Officer's +15596217795
Phone Number
Authorized Officer checked
Assurances
SECTION III - This section requests a Project Title, Proposal Summary description,
PROGRAM Program Purpose Area(s) selection, and Scope Funding Category
INFORAIVITION selection.
Project Title Fresno Metropolitan Area Organized Retail Task Force
DocuSign Envelope ID 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Proposal Summary The Fresno Police Department (FPD), Clovis Police Department
(CPD), Fresno County Probation Department (FCPD), and Fresno
County District Attorneys Office (FCDA) will establish the Fresno
Metropolitan Area Organized Retail Task Force. This collaborative
task force in the Central Valley, aims to combat and prevent ORT,
vehicle thefts and catalytic converter thefts through enforcement,
education, training, and the implementation of advanced technology.
By dedicating and focusing on the most prevalent offenders, the task
force endeavors to effectively combat ORT and auto theft, safeguard
the community, and reduce the financial and societal impact of these
crimes.
PROGRAM Applicants must propose activities, strategies, or programs that
PURPOSE AREAS address the Program Purpose Areas (PPAs) as defined on pages 5 -
8 in the ORT Prevention Grant Proposal Instruction Packet. A
minimum of one (1) PPA must be selected; applicants are not
required to address all three (3) PPAs. All proposed activities,
strategies, or programs must have a link to the ORT Prevention
Grant Program as described in the authorizing legislation and the
ORT Prevention Grant Proposal Instruction Packet.
Program Purpose PPA 1: Organized Retail Theft
Areas (PPAs): PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
Funding Category Applicants may apply for funding in a Medium Scope OR Large Scope
Information Category. The maximum an applicant may apply for is up to
$6,125,000 in the Medium Scope category OR up to $15,650,000 in
the Large Scope category. Applicants may apply for any dollar
amount up to and including the maximum grant amount identified in
each category. Multi-agency partnerships (determined as Medium
Scope OR Large Scope) may apply for up to the maximum grant
award in that category, multiplied by the number of partnering eligible
applicants. For Example: Four (4) eligible applicants in the Medium
Scope category may submit one (1) application for up to $24,500,000
o $6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000
Two (2) eligible applicants in the Large Scope category may submit
one (1) application for up to $31,300,000 o $15,650,000 (Large Scope
Max x 2 (# of Agencies) = $31,300,000 Please reference pages 10-12
in the ORT Prevention Grant Proposal Instruction Packet for
additional information.
Funding Category Large Scope (Up to $15,650,000)
SECTION IV- This section requests responses to the Rating Factors identified in
PROPOSAL the the ORT Prevention Grant Program Application Instruction
NARRATIVE AND Packet.
BUDGET
DocuSign Envelope ID 1 CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
Proposal Narrative The Proposal Narrative must address the Project Need, Project
instructions Description, Project Organizational Capacity and Coordination, and
Project Evaluation and Monitoring Rating Factors as described in the
ORT Prevention Grant Instruction Packet (refer to pages 20-24). A
separate narrative response is required for each Rating Factor as
described below: The Project Need narrative may not may not exceed
6,711 total characters (includes punctuation, numbers, spacing and
any text). In Microsoft Word, this is approximately three (3) pages in
Arial 12-point font with one-inch margins on all four (4) sides and at
1.5-line spacing. The Project Description narrative may not may not
exceed 11,185 total characters (includes punctuation, numbers,
spacing and any text). In Microsoft Word, this is approximately five
(5) pages in Arial 12-point font with one-inch margins on all four (4)
sides and at 1.5-line spacing. The Project Organizational Capacity
and Coordination narrative may not may not exceed 4,474 total
characters (includes punctuation, numbers, spacing and any text). In
Microsoft Word, this is approximately two (2) pages in Arial 12-point
font with one-inch margins on all four (4) sides and at 1.5-line
spacing. The Project Evaluation and Monitoring narrative may not
may not exceed 4,474 total characters (includes punctuation,
numbers, spacing and any text). In Microsoft Word, this is
approximately two (2) pages in Arial 12-point font with one-inch
margins on all four (4) sides and at 1.5-line spacing. A character
counter is automatically enabled that shows the number of
characters used and the remaining number of characters before the
limit for each response is met. If the character limit is exceeded, a red
prompt will appear with the message "You have exceeded the
character limit". Applicants will be prohibited from submitting the
ORT Prevention Grant Program Application until they comply with the
character limit requirements. NOTE: It is up to the applicant to
determine how to use the total word limit in addressing each section,
however as a guide, the percent of total point value for each section
is provided in the ORT Prevention Grant Proposal Instruction Packet
(refer to page 15).
Project Need The Fresno Police Department (FPD), Clovis Police Department
(CPD), Fresno County Probation Department (FCPD), and Fresno
County District Attorney's Office (FCDA) will join forces to address
Organized Retail Theft (ORT) by establishing the Fresno Metropolitan
Area Organized Retail Task Force (ORT Purpose Problem Area). This
task force will combat and aggressively prosecute ORT offenders. It
will aid retailers in protecting their assets against ORT through
enhanced enforcement, police collaboration, information sharing,
training and education, and the implementation of advanced
technology. The task force will also focus on combating vehicle and
vehicle accessory thefts.
In recent years, violent crime has emerged as the foremost concern
for the FPD. The City of Fresno witnessed a distressing increase in
shootings, setting a record for shootings of 732 and 74 murders (a
25-year high) in 2020. The following year, in 2021, there were 688
shootings, and another 74 murders. Police management prioritized
violent crime, reallocating resources to address this pressing issue.
DocuSign Envelope ID. I CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
District detectives received instructions to concentrate on
investigating violent crime within specific violent areas. While this
shift in focus was necessary to address the surge in violent crime, it
had an adverse effect on theft investigations as many cases were
not proactively investigated. The Career Criminal Auto Theft Team
(CCATT) was redirected to tackle gun-related crimes. While this
approach helped reduce violent crime, it also diminished the priority
given to auto theft crimes. As a result, detectives assigned to ORT
and the CCAT unit now face overwhelming caseloads and inadequate
staffing, which reduces their capacity to effectively combat these
crimes.
ORT's have had a profound impact in our area, affecting large retail
stores and small locally owned retail spaces. ORT criminals have
instilled fear and frustration within the community. These thefts
cause significant damage to the local economy and contribute to
other crimes including robberies, assaults, and incidents of gun
violence. Many ORT criminals are affiliated with gangs that employ
coordinated tactics to mask their identities and swiftly carry out their
crimes, sometimes using firearms. Apprehending these offenders
has resulted in the recovery of stolen merchandise and the seizure of
firearms, narcotics, and stolen vehicles. Disturbingly, offenders
frequently exploit minors to commit these crimes, taking advantage
of the lenient consequences they may face. The severity and breadth
of these crimes highlight the urgent need for comprehensive
measures to combat ORT and protect the community. The impact of
ORT on employees has become a significant issue for retailers.
Employees face frequent threats of violence, creating a hostile and
dangerous working environment. Offenders are aware of store
policies that prevent employees from intervening during in-progress
thefts, and commonly threaten employees with termination or
lawsuits if the employee takes any action against the ORT criminal.
According to a 2022 survey conducted by the Loss Prevention
Council, a staggering 81%of respondents stated that they did not
report thefts, due to the belief that the police will not respond,
investigate, or make arrests in such cases. Locally, a loss prevention
manager at Kashian River Park Properties, estimates that around
90%of retail thefts at their property go unreported. This highlights
the urgent need for comprehensive solutions to combat ORT, protect
employees, and create an environment where reporting such
incidents is encouraged and results in meaningful action. Despite
under reporting, between 2018 and 2022, retailers reported 395
instances of thefts turning into violent robberies to FPD, including a
43 percent increase in commercial retail robberies from 2021 to 2022.
Between 2018 and 2022, retailers reported 482 instances of thefts
qualifying as ORT. Astonishingly, the FPD observed a staggering
752%increase in ORT between 2020 and 2022. According to the Loss
Prevention Research Council, California ranked in the 80th percentile
for shrinkage losses based on data reported by national retailers in
2022. Notably, most zip codes in the Fresno metro area also fell
within the 80th percentile when compared to zip codes nationwide. In
California's Central Valley, which stretches from Sacramento to
Bakersfield, Fresno had the highest concentration of zip codes
categorized as having "high shrinkage" according to the American
DocuSign Envelope ID: 1 CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
Retail Crime and Shrink & Security Initiative.
In the past five years, the residents have reported a staggering
13,900 vehicle thefts to the FPD. This equates to an average of 2,780
thefts per year or approximately 8 vehicle thefts per day within the
city. During the same five-year period, residents reported 4,136
catalytic converter thefts, averaging 827 thefts per year or
approximately 2 reported thefts per day. Notably, between the years
2020 and 2022, the department saw an alarming 927% increase in
catalytic converter thefts, underscoring the growing prevalence of
this crime. FPD will also prioritize the Auto Theft Purpose Problem
Area. CCATT has been successful in combating crime since its
establishment in 2011. The team's efforts have contributed to a
reduction in auto theft incidents within the city through proactive,
innovative, and aggressive measures. Due to an increase in violent
crime, CCATT's focus shifted to gun and violent crime offenders;
auto theft investigations became a secondary priority. To address
this issue, FPD will establish a second CCATT team, providing
immediate investigation of auto thefts seven days a week. The
addition of this second team will enable effective investigations into
catalytic converter theft. Though auto and accessory thefts are often
perceived as mere property crimes, the reality is that these crimes
have serious consequences. The loss of a vehicle or its catalytic
converter hinders citizens from carrying out simple daily tasks, such
as transporting children to school, commuting to work, or attending
medical appointments. To exacerbate matters, many citizens lack the
financial means to cover insurance deductibles or the substantial
costs of replacing a catalytic converter. Fresno citizens and retailers
are impacted by ORT and auto thefts daily. Retailers are losing
millions of dollars each year, and these crimes hurt our residents with
inflated prices and personal losses. FPD intends to collaborate with
law enforcement and retail partners to combat ORT, auto theft, and
catalytic converter theft.
Project Description The Fresno Metro area stands to gain significant benefits from the
establishment of an organized retail theft task force. Our four law
enforcement partners will collaborate effectively to address this issue
and safeguard the local economy. Situated centrally in California, the
Fresno Metro area is conveniently accessible via two major north-
south freeways, Interstate 5 and Freeway 99. This geographic
positioning makes the area vulnerable to offenders from larger
metropolitan regions like the Bay Area and Southern California.
Consequently, the Fresno Metro area becomes a prime target for
individuals involved in organized theft rings operating throughout the
state. With 3 full-size malls and 6 major shopping centers featuring
commercial anchor stores, the City of Fresno and the nearby City of
Clovis cater to a surrounding population of over 1 million residents.
FPD recognizes the need to establish a coordinated response to ORT
and auto/catalytic converter theft incidents, as the current lack of
coordination hinders investigations. The ORT Task Force will develop
a comprehensive and coordinated approach including the sharing of
information and intelligence, including "hot lists" and "be on the
DocuSign Envelope ID. I CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
lookout" (BOLOs), to ensure that law enforcement and retail partners
have access to the most up-to-date offender and crime pattern
information. Through the sharing of intelligence, the ORT Task Force
will develop effective strategies for apprehending and prosecuting
individuals involved in ORT and vehicle theft. By enhancing
intelligence, collaboration, and coordination, we will strengthen
investigations and drive down ORT and vehicle/catalytic converter
thefts. FPD offers retail merchants the opportunity to engage in a
highly successful merchant shoplift training program designed for
retail store personnel. This program equips them to make quality
citizen arrests, complete their own police reports, and directly submit
cases to the FCDA's for prosecution. Retail loss prevention
personnel will expedite citizen arrests, allowing them to swiftly return
to their security duties and prevent additional thefts. The program
also keeps law enforcement officers available for higher priority calls.
By expanding the program to additional merchants in Fresno and
Clovis, we increase engagement, effectiveness, and satisfaction of
our retailers.
Our collective agencies share a common vision and recognize the
crucial role of the retail industry in the California economy and
workforce. Retailers, whether they are national brands or local
businesses, play a vital role in driving innovation and contributing to
a thriving economy. They contribute significantly to California's
robust economy, which ranks as the fifth largest in the world. By
prioritizing the fight against organized retail theft through the
establishment of a task force, the Cities of Fresno and Clovis
demonstrate their commitment to protecting retailers and supporting
a strong and prosperous economy. Through collaboration and
concerted efforts, our ORT Task Force will create an environment
where businesses can thrive, consumers can enjoy affordable prices,
and the economy can flourish. FPD will be adding three investigators
to each policing district to focus on ORT at all levels. Investigators
will be responsible for handling all ORT crimes, conducting follow-up
investigations, and submitting cases to the District Attorney's office
for prosecution. They will also expand the Merchant Retail Theft
program.
Secondly, the ORT task force will target repeat offenders. By focusing
on repeat offenders, we disrupt criminal operations and prevent
associated crimes. The task force's concerted efforts will act as a
deterrent, dismantling organized theft and auto theft networks,
reducing violent crime, and curbing illegal firearms and drugs in the
community. Through its targeted approach, the ORT task force will
significantly contribute to maintaining public safety, safeguarding the
well-being of the community, and fostering a secure environment for
all residents. By effectively tackling the root causes of criminal
behavior, the task force will create a safer and more prosperous
Fresno Metropolitan Area.
An example of an effective implementation of an organized retail theft
task force is the California Highway Patrol (CHP) Organized Retail
Crime Task Force. Established in 2019, this task force has
demonstrated remarkable achievements in addressing ORT. Through
their efforts, the CHP Task Force worked 1,469 investigations,
making 853 arrests. They have recovered $28 million in stolen
DocuSign Envelope]D: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
merchandise. In February 2023, California AG Rob Bonta announced
the arrest of eight people involved in a statewide ORT that targeted
Apple retail stores. The thefts occurred between August 2022 and
January 2023 resulting in approximately$1 million dollars in losses.
Third, ORT Task Force will expand and enhance current resources
available to businesses affected by retail theft. This includes
educating businesses about prevention measures, sharing best
intelligence, and offering the Merchant Shoplift Training program.
Such measures help businesses mitigate losses, expedite citizen
arrests, keep law enforcement officers on higher-priority calls, and
create a safer environment for employees and customers.
Finally, the ORT Task Force will improve coordination and information
sharing among law enforcement agencies, businesses, and
community members. This collaborative approach enhances the
effectiveness of prevention strategies, facilitates early detection of
retail theft incidents, and improves the apprehension of criminals.
The Organized Retail Theft PPA will have three components that
make it an effective crime prevention and enforcement tool for the
larger metro area.
1. Education
a. The Merchant Shoplift Program will educate participating
merchants on the laws regarding theft and citizen arrests. The
program will expedite arrest processing and will return loss
prevention personnel to sales floor faster. It will also keep law
enforcement officers available for higher-priority calls.
b. Law enforcement partners will be trained in the use of trackers,
License Plate Readers,, and intelligence sharing to prevent thefts,
make arrests, and prosecute offenders.
2. Deterrence
a. With the use of technology retailers and law enforcement can help
educate the public that offenders will be arrested and prosecuted.
Technology such as placing LPRs in retail centers to identify repeat
offenders and direct video connectivity will be used to deter future
crimes.
3. Enforcement
a. Investigation: ORT Task Force and retailers will work together to
obtain proper evidence to identify individuals involved in retail theft.
FPD will assign 15 additional detectives to focus solely on the
investigation of retail theft.
b. Apprehension: ORT Task Force and loss prevention officers will
work together to arrest individuals involved in retail theft.
c. Technology: ORT Task Force will use tracking devices, computer
software, LPRs, and video surveillance systems to develop strong
cases against retail theft criminals.
d. Prosecution: ORT Task Force will work with The Fresno County
District Attorney's Office'to successfully prosecute retail theft
offenders, including combined out-of-county cases.
e. County Probation: Fresno County Probation Department will
provide enhanced supervision of chronic ORT offenders.
To address the issue of auto theft, FPD intends to establish a second
CCAT team, which will dedicate its efforts to auto theft investigations
DocuSign Envelope ID. 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
seven days a week. The addition of this second team will also enable
effective investigations into catalytic converter theft.
1. Investigation/Surveillance: FPD will add a team of nine detectives
and one detective sergeant to CCATT. CCATT proactively focuses on
offenders involved in motor vehicle and accessory thefts, "chop
shops", and illegal sales of stolen parts.
2. Technologies: GPS trackers, drones, computer software, and
surveillance equipment will be used to arrest and prosecute
offenders, with a focus on re-offenders.
3. Prosecution: CCATT personnel will collaborate with the Fresno
County District Attorney's Office to successfully prosecute those
involved in auto and accessory theft.
4. Probation: The Fresno County Probation Department will provide
pre-trial GPS monitoring for pending auto and accessory cases as
well as enhanced supervision.
In addition to sworn personnel, the department intends to employ two
additional Police Support Services Technicians in the Records
department. These two positions will focus on processing
investigative reports related to ORT and auto theft investigations. By
adding these support services technicians, the department ensures
that investigative reports and related to ORT and auto theft cases are
processed efficiently. The FPD's Real Time Information Center (RTIC)
will serve as the ORT hub. New hardware and software technology
integrated into the RTIC can assist in the identification, location, and
apprehension of ORT suspect(s). The RTIC mission is to utilize
intelligence-led policing to provide real-time information sharing,
quick identification, and apprehension of criminals, increasing public
safety.
1. RTIC will compile and analyze data to identify suspects, crime
patterns, and create "hot lists", to share with other allied agencies
and retail partners.
2. Automated License Plate Readers (ALPR): will be strategically
placed around retail centers to alert RTIC personnel when suspect
offenders enter a target zone. This information will be shared with law
enforcement and retail partners.
3. Video Connectivity (FUSUS): FUSUS software will allow for direct
video feed with a retail partner when a crime is in progress.
4. Video Connectivity Analytics (Brief Cam): This will allow RTIC
personnel and investigators to condense hours of footage and
search for specific video footage quickly.
PPA's Retail Theft and PPA Motor Vehicle/Accessory Theft will have
three goals and objectives.
1. The team will reduce retail theft 15%each year.
2. The team will increase participation in the Merchant Shoplift
Program by 25%
3. The team will decrease auto theft 15%.
The team will actively engage in a public awareness campaign to
DocuSign Envelope ID I CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
inform the public about the impact of organized retail theft (ORT) and
vehicle thefts. Through this campaign, the team aims to educate the
community about the detrimental consequences of these crimes and
promote vigilance among residents. By raising awareness and
encouraging the public to be proactive, the team seeks to deter
potential offenders and foster community support in combating ORT
and vehicle thefts.
The ORT Task Force adheres to all state and federal laws when
utilizing its current surveillance and monitoring equipment. All
investigative techniques will be evaluated for their necessity by the
project lead. The ORT Task Force strictly prohibits the use of race as
the sole purpose for any police contact. The department has a
rigorous policy in place that prohibits bias-based policing, and it
conducts thorough investigations into any alleged incidents related
to such practices.
Protect FPD will act as the Fiscal Agent and has a proven 100%successful
Organizational compliance rate on grant funding obligations. The Grants
Capacity and Management Unit (GMU) will be responsible for oversight of all
Coordination department grant-related activities and understand fiduciary
responsibilities associated with grant funds. GMU has participated in
several audits over the years to demonstrate transparency and
accountability for those funds. GMU will conduct annual, in-person
site monitoring visits for all the funded partners to ensure
compliance with the program objectives and grant guidelines. If
awarded, at the end of the grant period we would implement our plan
to sustain the programs with general fund contributions with the
approval of the City Manager, City Council and the Mayor.
The project will be overseen by FPD Police Lieutenant Israel Reyes,
who will have direct oversight over sub-grantees and lead the
community and services elements in the project. He has 23 years of
experience, including patrol, investigations, internal affairs, and most
recently as a patrol field commander. He will assume responsibility
for evaluation, monitoring, tracking statistical information, and
fulfilling reporting requirements. Memoranda of Understanding
(MOUs) will be drafted by the respective governing bodies within
three months of award notification. Once the MOUs are finalized, they
will be ready for implementation within six months of the grant award.
Lt. Reyes and the assigned allied agency project leads will review the
implementation of the project, track its progress, and assess its
overall success. Quarterly meetings will be held to discuss project-
related matters and address any challenges or adjustments that may
arise during the project. CPD will establish a dedicated retail theft
team focused on promptly responding to crimes in progress. This
team will also investigate and gather intelligence on groups that
specifically target retail outlets. Additionally, the plan will deploy
enhanced video surveillance and intelligence systems to strengthen
the monitoring and prevention of criminal activities. By adopting
these strategies, the CPD will contribute to the FPD's efforts in
combating ORT and auto theft. Management Analyst (MA) Sandi Macy
will be the project lead for the CPD. She has 18 years of experience
managing and overseeing grant operations for the City of Clovis and
the CPD. She has coordinated all aspects of the CPD's grant
DocuSign Envelope ID: 1 CCD74F5-2DOO-4E95-9AF7-A3BFE6D3185F
activities, managing financial reporting and performance measures.
As a certified government fiscal officer MA Macy has worked with
various law enforcement agencies. FCPD will be conducting
probation contacts targeting individuals specifically convicted of
felony ORC and vehicle thefts. The FCPD will implement pre-trial
monitoring of individuals involved in ORT and vehicle thefts. By
closely monitoring these offenders before their trials, the FCPD aims
to mitigate the risk of further criminal activities and protect the
community from potential harm. FCPD is committed to supporting
the FPD in combating ORT and auto theft. Deputy Chief(DC)
Probation Officer, Lori Willits will be the project lead for the FCPD.
She has over 26 years of experience in the department. Her
assignments are varied and include working a Deputy Probation
Officer in both the Adult and Juvenile divisions. As assistant DC she
managed the Crime Victim Assistance Center, the AB 109 felony
supervision unit, and the Quality Control/Program Evaluation Unit. As
DC she has had oversight of the juvenile institution operations at the
Juvenile Justice Campus for nearly 5 years and in September 2023
will be transitioning to the Adult Realignment Division. FCDA office
plans to assign three senior investigators dedicated to prosecuting
these ORT offenders. FCDA will enhance the regional Cyber and
Forensic lab, utilizing it to examine digital evidence gathered during
ORT and auto theft crimes to support aggressive prosecution. Chief
Investigator Pat McPherson will serve as the project lead for FCDA.
He has over 37 years of law enforcement experience. Throughout his
career, Chief McPherson has undertaken and overseen assignments
encompassing Major Crimes/Homicide, Organized Crime Intelligence,
Gangs, Public Corruption, Narcotics, Special Operations, and Violent
Sexual Predators. He has actively participated in various Task Force
Operations, demonstrating his abilities as an effective leader.
DocuSign Envelope ID, 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
ProJect Evaluation Upon notice of an award, the City of Fresno will contract with an
and Monitoring evaluation team consisting of California State University Fresno
(CSUF) Criminology Professors and graduate student assistants. In a
process evaluation, both qualitative and quantitative research
methodologies will be employed as part of a data triangulation
strategy, while quantitative data analysis with statistical models will
be emphasized in outcome evaluations to assess the impact of each
program component. The methodology of the process evaluation of
each program will be designed to ensure the program is implemented
according to its original plan and serves the needs of the community
and target populations. To monitor the progress of program
implementations while easing the burden of administrative data
collection, web-based surveys with automatic e-mail reminders to
program managers will be utilized. This system supports both
efficient data collection in a standardized format and timely
descriptive analysis of program characteristics in the process
evaluation. Furthermore, qualitative research methods of field
observations and interviews of participants and program managers
will become a means to uncover unexpected barriers and obstacles
to program implementation; adjustments in program management
will be recommended through quarterly reports and meetings. The
methodology of the outcome evaluation that determines each project
component's success and failure includes statistical models and
innovative research designs that thoroughly and properly evaluate
the impact of each program component. While the gold standard of
program evaluation dictates the use of randomized experiments to
conclusively infer the causal effect of intervention programs,
randomized experiments are not immune from challenge, most
notably an ethical issue of denying the opportunity to participate in
programs for the sake of scientific studies. To overcome this
limitation but maintain a high scientific standard of program
evaluation, CSUF will employ a propensity score matching technique
that allows the analysis of the treatment group and control group with
comparable characteristics without running a randomized
experiment. This allows rigorous examination of the program
outcomes without compromising ethical resource principles. The
propensity score analysis is an innovative but proven evaluation
methodology, which was applied to evaluations of gang interventions
including G.R.E.A.T. and Operation Ceasefire in Boston. When
conducting propensity score analysis, CSUF will take advantage of
existing program surveys/intakes previously conducted re-analyze
and compare with the participants of the proposed program. The
results of both process and outcome evaluations will be thoroughly
documented in quarterly and Final Local Evaluation Reports. Detailed
descriptions of programs will be provided as part of the process
evaluation which allows critical assessment and replication of the
approach in different settings.
DocuSign Envelope 0i 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Budget Instructions Applicants are required to submit a Proposal Budget and Budget
Narrative (Budget Attachment). Upon submission the Budget
Attachment will become Section 5: Budget (Budget Tables &
Narrative) making up part of the official proposal. The Budget
Attachment must be filled out completely and accurately. Applicants
are solely responsible for the accuracy and completeness of the
information entered in the Proposal Budget and Budget Narrative.
The Proposal Budget must cover the entire grant period. For
additional guidance related to grant budgets, refer to the BSCC Grant
Administration Guide. The Budget Attachment is provided as a
stand-alone document on the BSCC website.
Budget Attachment
Organ ized-Retaill-Theft-Prevention-Grant-Program-BLidget�Attachment.-Combined,xlsx
SECTION V- This section list the attachments that are required at the time of
ATT ACI-MENTS submission, unless otherwise noted. Project Work Plan (Appendix B)
- Mandatory Grantee Assurance for Non-Governmental Organizations
(Appendix D) - Mandatory Local Impact Letter(s) (Appendix E) -
Mandatory Letter(s) of Commitment (Appendix F) - If Applicable
Policies Limiting Racial Bias - Refer to page 9 of the Proposal
Instruction Packet - Mandatory Policies on Surveillance Technology-
Refer to page 9 of the Proposal Instruction Packet - If Applicable
Certification of Compliance with BSCC Policies on Debarment, Fraud,
Theft, and Embezzlement (Appendix G) - Mandatory Governing Board
Resolution (Appendix H) - Optional
Project Work Plan (Appendix B)
Appendix_B_Project-Work-Plan-ORT-.pdf
Grantee Assurance for Non-Governmental Organizations (Appendix D)
BSCC_Appendix_D_signed.pdf
Local Impact Letter(s) (Appendix E)
Appendix_E.pdf
Letter(s) of Commitment, (Appendix F)
Letter_of_Comrn!tment_CPD.pdf
Letter—of—Commitment—FCDA.ptif
Letter—of—Commitment—FCPD.pdf
Letter_of_Corr mitment_-_FPD.pdf
Policies Limiting Racial Bias
6._AO-2-33-Equal-Employment-Opportunity-Plan-and-Policy_A478447.pdf
6._Policy_402—Bias—Based—Profiling.pdf
Policies on Surveillance Technology
7._Policy_323—Pre—Plan ned—Tac—Ope rations.pdf
DocuSign Envelope ID 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
'7,_PoHcy,_439_UAS_0pe rations.pdif
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and 'Ernbe=Jement
(Appendix G-)
BSCC_Appendix_G_signed.pdf
OPTIONAL:
Governina Board
Resolution (Appendix
M
OPTIONAL:
Bibliography
CONFIDENT IAL17Y All documents submitted as a part of the Organized Retail Theft
NOTICE: Prevention Grant Program proposal are public documents and may
be subject to a request pursuant to the California Public Records Act.
The BSCC cannot ensure the confidentiality of any information
submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
cr)
-.� - r__ co
3; 0) to Cl
co
�; 0 (::>
0
0 d)
�p LU
CYO
0
0 CO
0) CO P,
ty-
cis
0 (1) 00
co
—G) 0
CO
CO
(3) 0
co sa -0
0 C-4 o J)
0
t13 -'ZA
CT) 0)
CO CO (1)
4� -0 0 �01 0
0 CO 1�-
0.
CO
CO co 0
(a) api n cs lr-- Z5
0 0- 0
co
46
0 CL- 0 0
g 0 C� r--
0 0 co % xg
• CO
13)
(3)
a) C: 0 V (1) C9
X-
Rs
co
C) 0) !!�-0
4- 10
C: CO
0 0
0 z., D
- - - co 0) 0 tn 0
= 0) Cn 0 0
co C c (6 0.00) S S - s
(D co
Ct �a
w co 0 ca r-
0 Cl) (D
0- 0 -0
0 C9
— -;;- 0
to 0 CD 10 `� S
0 —
�- 0
0 0 0 to C: W
&� .— co C.
ea-)
cn
P so a, o
-.6 0 Cc$ C: Cf jD
4) o
icy co 0
S- Lo o,
0-
In cCS0 C,
C15 co
.15aG d) to 0 ,0 0
w 0 0 O(V co
0 mo co
0 co
0- to C_ CO, tp 7
CO 4)
rn L) w w G—) W p tom?
C CO
4 CO 'O (D :rz
C. 0 0
(n
4) —0
0
GN co
co
(D
C,0
O
C3
E
Fu
cm
U'3 (D
C"
ca
(D to
cz > 0
0
0 im is
C 0 cu
ca G 0 n -2
-0N CZ 70
CU LU c,) LU
CU
(DCo? a) ca E
> E 0)
CD Z3 CL
8 tu 4)
0 CB all a) -0
0 E E
O a) (n Of
I—
ca ca
CL
ca
0 76 75 m
tu
ce -0 E cli
=3 ca E cu 0
0 CO c::.
CL C� C"J a) (/)
ca w a) E a) 0) a)
c- 0 CD (f) (a
C-)
cn = C) O Q) in .0
ca Cc >
U) C13
a) (D cn CD a)
E E2 0) — 2 2 C
CU = all E = — a)
cu cu Eo cLL-
cu
to a) M 0- CL
E Q<
0 cu w (n E
0- 4��
0 cu
M an cn
a) a cn a)
-0
(D Jf- 0)
0 co 0 0
CU 0) (n = = -ffi w —7 0
CL P 15; U) 0) c c to = a-
U)
0- a) LL- 0 a) FO (D
W W A U- U- E M
.5; a) cn E N CD
o w ca cp
IM 0)0- ( 0
as
tea N C75ca
C" 0 C/) as a) cn
a. CL
Cc a) w
E UJ >
CD -;5 (n 0
(D
E cts (1) " ca a)
as lEr = a) 0 a • Lu
> 0 ca a .
0) E
cL c/i E E Co
t:: a 0 -6 2 E co
0 a) E CD CU o, CL 4) "
cc cu
o E Cl. 1:5 4) — C"
a) -= 0- > to 0 "W = 2 15 CL 0
Q C) 0 0 0 — E Coll
E cm *.- 0) —
LL 4) cn
Ca. 4)
�2 CL 0
(D S a) a) (n CL
75 cu
a-o E
CD a)
cn
cu
w 4) 'a-
LL 09
m U- (D > U- 4) (D -a
co 0 (D 0 a)
cn
cn
LL =3
< A n n n 10 0 (D A A a- A E c 0
T . 0- to -0sz
Lo sz
a) 0
w cn E
ocncu T) cn
co
cu
i/i co a)
C. cn a) co 0 cn
m r 2 p �E
m = En =3 m cn
cn
(n CD
0
a) E cn
u- c/) cu
< cu a)cu1:1C < ca
o a)(D 2i
cn :E 0 U 0) co V) 0
(D a) cu as E co ca a) CD ca
cam'„ E .> (n
a) o
n 2 0 u, E
cu
0 (D a) CD
22 2 ff (D
—
u) 2 2
cL CM O 0 A a) CO 0 a- 0
r_
co
13)
ib
10
0
to
C-1
O
o
co
CY
C-A
O
co
loo
C�-
C1- o C)
—0
0 0- o 1--
(1)
'.
3�
(P (p -.1 (p 0
CO 0) ck-
0—
CO
Cno 07)
co o co
co (3)
'a) o
0 753
03) C)
0":$ -C-- �w 13)
co 0 0
0, (n
to 0
-15 co 0-) �W, 0)
(P co 0
'n
co co -5
co
Ln
a) C- CO
cp
LIO a)
— -0 cn
ovoco
co
DocuSign Envelope ID:1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
a
fV4r#1`.xa#Aa4t Fresno Police Department
44-Month Budget:October 1,2023 to June 1,2027
Note Rows 7-16 will auto-populate based on the information entered in the budget fine items(Salaries and Benefits.Services and Supplies etc)
1.Salaries&Benefits i $15,332,935.00
2 Services and Supplies $1,009,516.00
3.Professional Services or Public Agencies $1,671,781.00
4.Non-Governmental Organization(NGO)Subcontracts $0.00
5. Data Collection and Evaluation $75,000.00
6.Equipment/Fixed Assets $5,303,575.00
7.Financial Audit(Up to$25,000) $25,000.00
8.Other(Travel,Training,etc-) $245,387.D0
9.Indirect Costs $0.00
TOTALI $23,663,194.00
Description of Salaries&Benefits 1(%FTE or Hourly Rate)&Benefits Total
FPD-24 FTE Police Officers,1 FTE Police Sergeant:2 i too%(see narrative below) — �� $10,835,520.00
Pffice Support Technicians ! _
CPO-5 FTE Swom Personnel,i FTE Public Service :1
Othcer : Ot)°ro(see narrative below) _—� S4 248,415.00
FCPD-8 Deputy Probation Officer-Overtime —Monthly overnme allocation(see narrative below) $249,000.00
$0 00
$0.00
$0.00
I
$0 00
—_------ _ -------- TOTALS -----$15,332,935.00
FPD 24 FTE Police Officers-wail be adding 3 investigators to each of the 5 policing district to focus on ORT at aft levels.Investigators will be responsible for handling all ORTcomes,conducting follow-up
investigations.and submitting cases to the District Attorney's office for prosecution They will also expand the Merchant Retail Theft program 9 detectives writhe assigned 10 a 2nd CCATT(eam,
providing immediate investigation or auto thefts seven days a week The addition or this 2nd team will enable effective investigations into catalytic converter theft Salary$2,001,600 per year iFnnge
$1,157,400=$3.159,000 Yr 1;Salary$2,102,400 per year/Fringe$1,177.209=$3.279,609 Yr,2.Salary.$2,208,000 per year 7Fnnge$1,197,966=$3,405,966 Yr 3
1 FTE Police Sergeant-will be assigned to supervise 2nd CCAT team Salary$134,800 per year/Fnnge$62,730=$195,959 X 3=$587,877
2 Police Support Services Technicians-will be assigned in the Records Department Our Records Bureau has struggled to keep up with the workload These 2 positions will focus on processing
investigative reports related to ORTand auto theft armstgatems By adding these support services technicians.the department ensures that investigative reports and related to ORTand auto theft cases
are processed efficiently Salary$97,800 per year/Frol S36,556 per year X 3 years$403,068
CPD 5 FTE Sworn personnel.Tier 5 with CPOA MOU Benefits and Employer Contributions(FICA,WC,PERS.De(Comp,Health Benefits,ED CTOISackMoliday buyout,and assignment pay)Estimate 5%
COLA
Oil 10111111:
11 NINE
Description of Services or Supplies !Calculation for Expenditure Total
FPD Supplies-Mrsc narrative below iEstimated cost based on quotes $381,141.00
CPD Supplies-Misc narrative below jEstimated cost based on quotes I $283,400.00
FCPD Supplies-Misc narrative below Estimated cost based on quotes i $344,975 00
$0 00
$0.00
TOTAL] $1,009,516.00
FPD Standard Equipment for 24 sworn officers(uniforms,etc.)$276,538,For Police Support Technicians 2 Computers,4 monitors(2-24"&2-27"curved),docking stations,and assessones for$4.819 53
Total$9,639,2 Desk phones S250 each$500,2 Headsets($28549 each)$571�CCAT 10 Tactical Vests and holsters S750 ea$7.500 total.2-Search warrant entry tools-SI.000 each$2,000,2-
Ballistic Shields$1,500 each$3,000,2 Hand and Prover Tools for VIN Verifications-$800$1,600,5-OBD2 readers-$100 each$500,2-Vehicle entry tools to unlock cars S 100 each$200.25 batteries
and charging stations for Panasonic Equip(S 143 41 each)$3,585,15-3SI GPS Tracking Devices(Medium Bundle)S10.550(Yr 2 and Yr 3$6,025),-2 SSG Armual Stealth V(Venzon)Covert Tracking
Service$4.587 ea yr;2 SSG Annual MicroTracker Service-AT&T$2.025 ea,yr.;These items are requested for the new district ORT detectives,Police Support Technicians and the CCAT 2nd team
Tools and supplies are necessary for them to effectively investigate ORT,auto theft and auto accessory theft RTIC 12-Transeiver$27 each$324 DRONES-Maintenance Mavic 3 Battery Kit x 3-
$1977,Avata Fly More Kit x 15$4,464,DJI Avata Combo,Fly More Kit,Remote Controller,Tacbght,and Case-$2363 x 16$28,356 Small unmanned aircraft systems(sUAS)play an integral part in
addressing retail crime and auto-theft Due to their portability and ease of deployment,they can quickly provide air support to assist with the apprehension of subjects involved in retail and auto-theft
activity In addition to providing air coverage that assists with setting perimeters to contain fleeing subjects,they also have the capability of providing crime scene mapping and recorded video footage that
greatly assists in the prosecution of criminal cases,The DJI Avala drone is incredibly agile and can handle the most challenging flying conditions It will primarily be used to search the interior of structures
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Description of Professional Service(s) j Calculation for Expenditure i Total
Fresno County Distinct Attorney's Office ;Calculatons below in narrative j S854,519.00
-------—-------- ...------.______._..__.__.._-___.._..__._.____.________.___._.-.___.___..-,...-..__.._.-.._._.-_._._._...._,.-----..-----_.-____.______.—...-
FCPD-Public Awareness Campaign ;Estimates $30,000 00
CPD-ICRP ;Calculations below,n narrative S637,262.00
-----._...------ ------ ------- -- --._._ -----------.._. ._..------- ------ ------ --_.__ ._..----- ---- --------
FPD-Public Awareness Campaign ;Estimates $150,000.00
$0.00
S0.00
$O 00
$0,00
TOTALI $1,671,781M
FCDA-3 extra help Senior DA Investigators 28 hours a week each Year 1 Salary$64 234 Benefits$10,446 Total$76,680.Year 2 Salary$66,758 Benefits$10,856 Total$77.514 Year 3 Salary
$66 758 Benefits$10,856 Total$77.614
Overtime 10 hours a week each Year 1 Salary$20 269 Benefits$1.551 Total$21,280,Year 2 Salary$21,064 Benefits$1.612 Total$22,576,Year 3,Salary 321 064 Benefits$15,12 Total$22 676
TOTAL PERSONNEL$756 896
3-Vehicles i per month X 12=$9,000 X 3)leased through Enterprise Car Rental for duration of grant period Year 1-3$27,000 annually The Fresno Mufb-Agency,Digital(MAD)Lab has evaluated
the unit equipment that would best serve the continued digital evdence needs of a Retail Theft Team.The following are estimates of items that would enhance investigative capabilities Digdal Video
Recorder Suite DVR Examiner$5000 perpetual,Tableau Write Block$448,;Laptop$2.500.Backpack$125,Premium Cell Phone Tool Ceilebrite UFED Ultimate$6,450 perpetual,Celiebnfe PARS$1,500
perpetual,Cellebnte Cheetah$600,A DVR Suite would allow for mobile digital video recorder analysis On-site real-time evidence collection could be done even at locations without device passcodes
available,-Cellebrde offers premium cell phone tools that could be used in aseassirry and crathering eh dal evidence related to seized evidence phones TOTAL EQUIPMENT AND SUPPLIES 597 263
C •
Description of Non-Govemmentai Organization Calculation for Expense Total
(NGO)Subcontracts
$0 00
$0-00
$0.00
SO.00
$0.00
TOTALS $0.00
0 8
N/A
Description of Data Collection and Evaluation I Calculation for Expense -- --- — -- Total
California State University Fresno i $75,000.00
$0.00
$0.00
S0,00
-----— -- —— — -- -——� T�— -- — — $0.00
— ------ -- ---— — -----� _-- — ----- 0.00
TOTALS! $75,000.00
Local Evaluation Plan will be conducted by a team of California State University,Fresno Department of Criminology Professors and graduate assistants The existing collaborative efforts with evaluation
team facilities efforts in contracting with them to design and develop effective research methodologies,conduct data collection,and program analysislevaluatron on the proposed project as directed by
RFP
Description of Equipment/Fixed Assets 'Calculation for Expense Total
FPD Equipment EsLmates based on quotes I $3,937,952-00
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
--------—-----—_._.____r_____---_---___-._.--_--__—__.__._ .__----
CPD Equipment {Estimates based on quotes $899,623.00
._._____-___, .____.,__.-_-_.._______._-._.__—__—._____,--__-_-._.-. _,.
FCPD Equipment ;Estimates based on quotes $466,000.00
TOTALSi $5,303,575.00
FPO-For CCAT-DJI Mavic 3 Thermal Plus,Battery Kit.Speaker.Searchlight-$6,115 x 3$24 345.10 Panasonic Tablets($4.983 61 cal$49,635:10-Unmarked Vehicles for(MDS$4K LPR Cameras
$14K)($93,300 ea)$933,000 For District Detectives 15 Urndarked Vehicles no equipment($71,000&a)$1,065,000 10-Multi-band portable radios(Motorola APX8000)$7,500 each$75,000 These
requests are needed for the district detectives and the newly landed 2nd CCAT team
FPD FOR RPC-8 workstations$6.120 99 on$46,968 total,2-Nub Switch$48,531 17 ea$97,062 total Core Switch$33,182,Storage 100TB$40,000,Bnef Cam$142.456 annually,Live 911 Software
$7,380 annually,FLOCK SAFETY YEAR 1$0,YEAR 2&3$63,750,FLOCK SAFETY Separate Agreement 50 cameras$182,500 Yr 1,$150,000 Yr 2&3.FUSUS Software$157.350 annually Because of
the more advanced methods of stealing and selling stolen goods,it is essential to have a technology hub to process information for all involved partners in an CRC Group FPD's I will serve as the
ORC hub New technology integrated into the RTIC can assist in the ID,location,and apprehension of ORC suspects) RTIC technologies.11 also assist in connectivity to retail establishments
Description ;Calculation for Expense__ ( Total
The Pun Group — Estimated cost for audit of grant $25,000-00
-S0.00
$0.00
s000
- ---------- — - —� —------ -----�`$0.00
S0.00
-TOTAL $25,000.00
The Pun Group,the Certified Public Accountants for the City or Fresno,will perform the financial audit or the grantee's financial records at the end of the grant performance period The Pun Group has
prepared the Single Audit Questionnaire for one year for the City of Fresno They area reputable accounting hour with at least 11 years in the accounting business it is the audttor's responsibility to
express an opinion on compliance for each of the City's major federal and state programs based on our audit of the types of comphanc erequirements,Pie Pun Group conducts audit of compliance in
accordance with auditing standards generally accepted in the United States of America:the standards applicable to financial audits contained in Government Auditing Standards,issued by the U S Code
of Federal Regulations Part 200,Uniform Administrative Requirements Cost Principles,and Audit Requirements of FederalAwards(Uniform Guidance)
Description iCalculation for Expense f Total
T ! Vehicle fleet Investigatio'—'n Training or Tuition 9 -k 10=SJ 0; er rem 1 per ay 14 ��1,4� g rights= SO b -
sworn personnel._ 1-_S5.000 S47,010.00
I f ore nurse Basic etective drool for 10 ?Tuition 8300 ea k�5 37 S60 Pei diem S7�t per day=$142 X 2�=53,550.Lodging for 2 nights-$500 X
sworn personnel !25-$12.500 S70,650.00
e nology&Investigations raining for 1 sworn`Tuition 0 ea X 15 S , er deem 1 per day=3�5 3=$5 2� lotlging for o ght
personnel 15_-S11260____— $25,575.00
---------------------..___---------------------------------*----------------_—
ICI Supervisor training for 1 sergeant ;Tuition$800,Per diem$71 per day=S426,Lodging for 6 nights=$250 X 6=$1,500 $2,726.00
estem fates uto Theft ciao for sworn billion� 0)�_�5-0 ,ear 6lem �per ay 1 1 =52 8i0;Lodging�o> 4 nigh s$�,0
personnel i$10 000 $45,816,00
National Retail ederaaon infect r-'1 aining 1 union er rem '71 per day 4 12 S A J Lodging for 4 nights $53,610 00
_-_—
TOTAL! $245,387.00
•
'Cl Vehicle Theft Investigation Training-In-state TBD.Example for San Luis Obispo or Sacramento,CA$15,670 annually
ICI Core Course Basic Detective School In-state TBD$23,550 annually
Technology&Investigations Training In-state 5 days TBD$25,575
ICI Supervisor training In-state TBD$2.725 Year 1
Western States Auto Theft School Lake Tahoe.3-Day Year 1
National Retail Federation Project Training Conference 12 officers 3-day training Long Beach.CA$22,908 Year f&2
Fresno Police Department is requesting these in-state tramtngs and ORT Conferences for our sworn staff to provide them training as best we can for the tasks at hand as a result of this grant and the
project requirements
For this grant program,indirect costs may be charged using only one of the two options below: Grant Funds Total
1) Indirect costs not to exceed 10 percent(10%)of the total grant award.Applicable if the organization does not have a SO $O
federally approved indirect cost rate.
If using Option 1)grant funds allocated to Indirect Costs may not exceed $0
2) Indirect costs not to exceed 20 percent(20%)of the total grant award.Applicable if the organization has a federally approved $0 $0
indirect cost rate.Amount claimed may not exceed the organization's federally approved indirect cost rate.
If using Option 2)grant funds allocated to Indirect Costs may not exceed $0
DocuSign Envelope ID:1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Please see instructions tab for additional information regarding Indirect Costs If the amount
exceeds the maximum allowed and/or turns real,please adjust it to not exceed the line-item TOTAL $0 $0
noted
N/A
onousNn Envelope ID:/cco74rs-2ouO-4 cwmsp
OPERATIONAL AGREEMENT
B%C1[WEENFRO0NO POLICE DEPARTMEN1C,CLON71S POLICE
DEPARTMENT, FRODN0 COUNTY PROBATION DEPARTMENT, AND
THE FRESNO COUNTY DISTRICT ATTORNEYS OFFICE
This Operational Agreement stands as evidence that the Fresno Police Oapmrtrnent, which
includes the implementation of the Fresno Metropolitan Area Organized Retail Task Force
and the Clovis Police Department, Fresno County Probation Department, and the Fresno
County []iatriotAttornoy'o C)ffima intend tu work together toward the mutual goal ofcreating
o collaborative task force with o primary objective of combating and aggressively prosecuting
Organized Retail Theft K3RT\ offenders. It will provide assistance to retailers in protecting
themselves against ORT through various means such as enforcement, education,training, and
the implementation of advanced technology. |n addition to addressing(]FlT. the task force will
also focus on combating vehicle and accessories thefts in Fresno County.
Each agency agnaao to participate in the program in m collaborative effort, if selected for
funding. |tio agreed that:
Fresno Police Department staff will:
^ The department will allocate a dedicated team of 15 area detectives whose sole focus
will be to investigate Organized Retail Theft /<]RT\ crimes. These detectives will
prioritize and diligently work on omoam related to C>gT, utilizing their specialized
knowledge and skills to investigate offenders involved in these criminal activities.
~ The department will actively engage with local area n*bsi|ero to encourage and
expand participation in the Merchant Shoplift Program. By fostering partnerships with
retailers, the department aims tmenhance cooperation in effectively identifying and
oddnemoingC]RT.
^ The deportment will establish a second 10-peneon CCAT Team to specifically
address the |mouen of auto theft, catalytic converter theft, and chop shops. This
expansion will bolster the department's oapmbiUUoo in investigating and combating
these specific criminal activities.
Clovis Police Department staff will:
, CFzQ will establish specialized task forces dedicated to nornhot|n0 organized retail
thefts (ORT). The task forces will contribute to the prevenUon, detaction, and
prosecution of individuals and networks involved in organized retail theft.
^ Through the integration of intelligence gathering and enhanced surveillance
ompebi|diem. the CPD aims to disrupt and deter organized retail theft, ultimately
creating m safer environment for businesses and the community.
^ The CPD is uomnnmh±ad to engaging the community through public om/ananeoa
campaigns focused on organized retail theft/QRT\.
omumon Envelope ID:1ccor^pae000-4sos-9xrr-^ooFe6cmmop
OPERATIONAL AGREEMENT
BETWEEN FRESNO POLICE DEPARTMENT,CLOVIS POLICE
DEPARTMENT,FRE8NO COUNTY PROB/kTIONDEPARTMENT, AND
THE FRESNO COUNTY DISTRICT A1[1[/0RNEY^S OFFICE
Fresno County Probation Department staff will:
° Work in proactive activities, strategies, and programs preventing and responding to
ORT. motor vehicle or motor vehicle accessory theft or cargo theft.
~ Utilize evidence-based practices that include conducting risk assessments, case
plans to determine appropriate treatment and program referrals,for these individuals.
^ Collect and provide data to the Fresno Police Department through its automated
data technology myetenn, to help meet grant requirements.
~ Collaborate with the FPD in its public avmaoaneoo campaigns in preventing and
responding to organized retail theft, motor vehicle or motor vehicle accessory theft,
nr cargo theft through in-poreon, rnndio and/or social media p|mdonna.
Fresno DimtrictAtorney'o Office staff will:
^ Provide 3extra help Senior Investigators working exclusively with the C)RT.
^ Extend the oon/imam of our Cybarand Forensic Unit as a resource to examine
suspect(s) cell phone data and to recover evidentiary information from retail store
surveillance cameras through their Digital Video Recorders.
DocuSign Envelope ID: 1 CCD74F5-2DOO-4E95-9AF7-A3BF7ff6D3185F
OPERATIONAL AGREEMENT
BETWEEN FRESNO POLICE DEPARTMENT,CLOVIS POLICE
DEPARTMENT,FRESNO COUNTY PROBATIONDEPARTMENT, AND
THE FRESNO COUNTY DISTRICT ATTORNEY'S OFFICE
This agreement will be in effect beginning October 1, 2023 through December 31, 2026.
We, the undersigned, as authorized representatives of the Clovis Police Department,
Fresno County Probation Department, Fresno County District Attorney's Office and the City
of Fresno Police Department do Hereby approve of this document.
Fresno Police Department: Fresno County Probation Department:
Paco Balderrama,Chief Police Date Kirk Havn 7chief Probat ion Officer Date
j
Paco
Fresno Police Department Fresno County Probation Department
Lieutenant Israel Reyes Lori Willits, Deputy Chief Probation Officer
Patrol Division Realignment Division
PO Box 1271 2171 N. Fine Ave.
Fresno, CA 93715-1271 Fresno,CA 93727
isrselreves0fresno.gov twillits0fresnocounty.cas ov
L
Clovis Police Department: Fresno County District Attorney's Office:
A
( I
Z�
V
Curt Fleming,Chief of Police Date Lisa A—Swificamp,District A&orney Date
Contacts:
Clovis Police Department Fresno County District Attorney's Office
Sandra Macy, Management Analyst Pat McPherson, Chief Investigator
Police Department Grants Investigations Bureau
1233 Fifth Street 2100 Tulare Street
Clovis, CA 93612 Fresno, CA 93721
sandramOci.clois.ca.us gmephersonl§fresnocountyca.gov
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
City of
POLICE DEPARTMENT PACO BALDER MA
Mariposa Mail Chief of Police
P O_Box 1271
Fresno,CA 93715-1271
July 5, 2023
Board of State and Community Corrections
2590 Venture Oaks Way, Suite 200
Sacramento, CA 95833
RE: Letter of Commitment—BSCC Organized Retail Theft Grant Program
To whom it may concern:
I am writing you to extend the frill support and commitment of the Fresno Police Department to
the project proposal for the Organized Retail Theft Prevention Grant Program. As any police
chief, my top priority is to maintain a high level of safety for all businesses and residents in my
community. The overall goal of the Fresno Police Department is to reduce crime to sustainable
lows, by utilizing highly effective crime strategies and technology, which include organized
retail, vehicle theft, and catalytic converter investigations and a consistent/productive working
relationship with our collaborative partners.
The Fresno Police Department has long recognized the critical importance of strong relationships
and cooperation with the Clovis Police Department, Fresno County District Attorney's Office,
and Fresno County Probation Department, particularly when it comes to retail, vehicle theft,and
catalytic converter thefts. Not only do we strive to improve the overall quality of life for every
person in our community in the Central Valley, but also build a high level of trust and
communication with those affected by these types of crimes.
I believe that with the support of this grant and continuing to collaborate with our law
enforcement partners and our community, we can reduce the number of these crimes and
effectively prosecute offenders in the City of Fresno.
P co Balderrama
lief of Police
Safety,Service, Trust
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
POLICE DEPARTMENT
1233 FIFTH STREET . CLOVIS , CA 93612
June 30, 2023
Paco Balderrama
Chief of Police- Fresno Police Department
2323 Mariposa Street
Fresno,CA 93721
Subject: Letter of Commitment to BSCC Organized Retail Theft Program
Chief Balderrama
The Clovis Police Department is committed and dedicated in collaborating with the Fresno Police
Department and the Fresno County Probation Department in implementing an effective Retail Theft
Program.As Chief of Police for the City of Clovis, 1 recognize the importance of addressing retail theft
issues and working hand-in-hand with all regional law enforcement to prevent and mitigate such
incidents.
Our organization is deeply concerned about the impact of retail theft on our business, its employees,
and the community.We believe a coordinated effort between regional law enforcement can
significantly reduce theft incidents, increase apprehensions,and deter potential offenders.With this
commitment,we aim to create a safe and secure environment for our citizens and promote a
stronger partnership with law enforcement.
We understand that the success of the Retail Theft Program relies on our continued commitment and
collaboration.We are dedicated to upholding a cooperative inclusive, and diverse program and
working in close partnership with the Fresno Police Department to address retail theft effectively.
Together,we can make a significant difference in combating retail theft and creating an environment
that upholds our commitment to ensure public safety and protect all businesses.
Sincerely,
Curt Fleming
Chief of Police
Clovis Police Department
City Manager 559 324 2060•Community Services 559 324 2095-Ergineernng 559.324.2350
Finance 559.324,2130-Fire 559.324 2200•General Services 559,324.2060•Personnel/Risk Management 559 324 2725
Planning&Development Services 559.324.2340•Police 559,324.2400•Public Utilities 559,324.2600-TTY-711
vrnnv cityofdovis.com
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
COUNT.V. CIF F°RESNO
Lisa A. Smittcamp
District Attorney
June 29, 2023
To: Board of State and Community Corrections
From: Fresno County District Attorney's Office
To Whom It May Concern:
We hereby submit this letter to express our endorsement of the Fresno Police Department's dedication
to combatting Organized Retail Theft within our community.The Fresno County District Attorney's Office
acknowledges the imperative of securing grant funding not only for the purpose of investigating these
crimes but also to effectively prosecute them.
The most effective approach to address the challenges that afflict communities, regardless of their size,
involves securing funding, allocating resources, and fostering collaboration among diverse agencies. By
working together and synergizing our efforts, all agencies and departments thrive, creating a force
multiplier effect.
The success of our Multi Agency Gang Enforcement Consortium (MAGEC), Fentanyl Overdose Response
Team (FORT), and High Intensity Drug Trafficking Area (HIDTA) exemplify our fruitful collaboration in the
Central Valley.These partnerships, particularly MAGEC and FORT, have garnered national recognition as
exemplary models of effective collaboration
Our organization stands ready to address these challenges as a partner on this grant proposal and is
committed to providing investigative assistance with the following:
1. Three Extra Help Senior Investigators working exclusively with the Organized Retail Theft.
2. Extend the services of our Cyber and Forensic Unit as a resource to examine suspect(s)cell phone
data and to recover evidentiary information from retail store surveillance cameras through their
Digital Video Recorders(DVR). DVR extractions are crucial to the successful prosecution of these
cases.
The Fresno County District Attorney's Office recognizes the immense importance of this program,as well
as the crucial necessity of allocating resources and fostering collaboration among law enforcement
agencies to safeguard our community.
Sincere)
Lisa A.S ' tcamp
Fresno County District Attorney
2100 Tulare Street/Fresno,California 93721
(559)600-3141/Fax(559)600.4400
Equal Opportunity Employer
DocuSign Envelope ID:1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
co
°CFresno County Probation Department ;
Kirk Haynes, Chief Probation Officer
3
DATE: June 29, 2023
TO: Board of State and Community Corrections
RE: The Organized Retail Theft Prevention Grant Program
This letter is being submitted to document that the Fresno County Probation Department agrees to partner
on the Organized Retail Theft Prevention Grant Program proposal being submitted by the Fresno Police
Department.
As a part of this grant, Fresno County Probation is aware of the proposed project,is committed to ensuring
its success and agrees to participate in collaborating with the Lead Public Agency, the Fresno Police
Department. Probation's role will include working with the lead agency in proactive activities,strategies
and programs in preventing and responding to organized retail theft, motor vehicle or motor vehicle
accessory theft, or cargo theft.
The Fresno County Probation Department is uniquely positioned to identify individuals already under its
jurisdiction for probation supervision who are involved in these specific illegal activities,along with future
persons placed on supervision,involved in organized retail theft,motor vehicle or motor vehicle accessory
theft or cargo. Proactive activities include teaming up with the Fresno Police Department officers to
jointly conduct Probation contacts, surveillance, and searches. Probation will utilize evidence-based
practices that include conducting risk assessments, case plans to determine appropriate treatment and
program referrals, for these individuals. Probation will also collect and provide data to the Fresno Police
Department through its automated data technology system, to help meet grant requirements.
Probation will collaborate with the Fresno Police Department in its public awareness campaigns in
preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or
cargo theft through in-person, media and/or social media platforms.
The Fresno County Probation Department looks forward to a continued partnership with the Fresno Police
Department in its important role as a law enforcement agency and helping to prevent and bring justice to
victims of crime related to the proposed project.
Sincerely,
Kirk Hay es, Chief Probation Officer
OFFICE OF THE CHIEF PROBATION OFFICER
3333 E.American Ave./Building 701 /Suite B/Fresno,California 93725
Phone(559)600-1294/FAX(559)455-2488
The County of Fresno is an equal employment opportunity employer
uocum nEnwgope/D: 1cCm*�2D�4E95-9AF7*3orE6D3185F
Fresno Police Department Policy Manual
in Racial-
U ��~ �� ^� Profiling
K����U��"~ K�� ��U����~�°���S��~° " ��'"°"�nKD
402'1 POLICY
The Fresno Police Department is oonnnnhhad to providing |avv enforcement services to the community
with due regard for the raoia|, cultural or other differences of those served. It is the policy of this
department to provide |avv enforcement services and to enforce the law equo||y, fairly and without
discrimination toward any individual or group. All /neonbeco shall interact with the public /n a
professional, impartial, fair, respectful and nondiscriminatory manner.
Raca, ethnicity or nationmUty, re!igion, aax, sexual orientation, gender identity or expression, economic
stotus, age. cultural Qnoup, disability or affiliation with any other similar identifiable group shall not be
used as the basis for providing differing |ova|s of |ovv enforcement service or the enforcement of the
law.
402.1.1 PURPOSE AND SCOPE
This policy provides guidance to department mennbana and establishes appropriate oortno|e to ensure
that members of the Fresno Police Department do not engage in racial or bias-based profiling or violate
any related |ovve while serving the community. All personnel should treat all members of the public with
courtesy, pn3/eoskonaVo/n' and respect. Department members ohuukf not use harnoo/nQ' intimidating,
derogatory, or prejudiced language, particularly when ny/abod to an /noYvkdua/'o actual or perceived
protected characteristics
402'2 []EFIN|T]ON
Racial-mrBiao-Bamad Profiling -An inappropriate reliance on actual or perceived characteristics such
as nsoe, ethnicity, oo|or, national origin, re|igion, eex, sexual urientation, gander identity or exproasion,
economic atotuo, age. cultural Onoup, disobi|ity, affiliation with any non-criminal group (protected
oharentariados), or other ainni|er identifiable group as the basis for providing differing |avx enforcement
service or enforcement §13519.4).
483'3GiJlDELUNES
Racial or bias-based profiling is strictly prohibited.. However, nothing in this procedure is intended to
prohibit an officer from considering factors such as neca or ethnicity in combination with other legitimate
factors to establish reasonable suspicion or probable cause (eg., suspect description is limited to a
specific nama or group).
(a) It is the responsibility of all members to prevent, report, and respond appropriately to identify
discriminatory orbiased practices.
(b) Members engaging in m non-consensual contact shall be prepared to articulate sufficient
reasonable suspicion to justify the contact, independent of the individuo|'e protected class,
including but not limited to, traffic mtops, field contoctu, dotondons, as well as asset seizure and
forfeiture proceedings.
1) Nothing in this procedure requires any prepared documentation of a contact that would
not otherwise require reporting.
2) To the extent that written documentation is oonnp|eb*d (o.g., arrest naport. F.I. card, *tc),
nnennbeno should include those facts giving rise to reasonable suspicion or probable
cause for the contact,
3) While the practice of racial profiling is strictly prohibited, it is recognized that race or
ethnicity may be legitimately considered by an officer in combination with other
legitimate factors to establish nameonob/o suspicion or probable cause (e.y., suspect
description is limited to o specific race or group).
Page 1of2 Po|ioy4O2 Supersedes Orde,(s):Policy 4O2
Effective Date: 10/29/20201 Previously Issued: 10/01/2020
onc signenvewvc|c, 1oco74r5-2ooO-4e95-9Ap7,A3ape6o3185F
4O2.4 STOP DATA COLLECTION SYSTEM
The Stop Data Collection 8yotorn (GOC3) is o web based demographic data collection system for
lawful detentions, administered by the State of California. Participation in the 5OC8 is required under
Assembly Bill 953 for certain law enforcement agencies, including the Fresno Police Department. The
data ooUoo(*d is similar to what the Department has been collecting for over 17 yeare, however there
will be some changes as to when stop data will be collected and transmitted;
/a\ If nnu|bp|o agencies are involved in o stop and the Department is the primary agency, m
Department officer shall collect the data elements and prepare the stop data report.
(b) When multiple officers conduct a stnp, the officer with the highest level of engagement with the
person detained shall collect the data elements and prepare the report.
(c) A SDCS entry shall ba completed when o passenger in a vehicle stopped becomes detained
independent of the traffic stop.
Enforcement operations, including DUI checkpoints' which stop vehicles atregular intervals are exempt
from this requirement, unless the officer develops individualized suspicion regarding an occupant in the
vehicle, i.e., driver appears to be under the influence of alcohol/drugs, passenger is wanted.
An officer shall complete all stop reports for stops made during their shift by the end of that shift, unless
exigent circumstances preclude doing so. In such nirounnatanoea, the data shall be completed as soon
as practicable. /n the event a stop report iubobe completed during an encounter resulting/nenOfficer
Involved Shooting ur In-Custody death, the homicide unit supervisor, or their designee, shall complete
the stop data report for the involved officer.
403'5TRACyJ;NG
(a) Sworn members will attend POST approved training on the subject of racial profiling.
(b) Pending participation in such POST approved training and at all Urnen, members are
encouraged to familiarize themselves with and consider naoio/ and cultural differences among
members of our community.
(o) Members will thereafter be required to complete an approved refresher course every five years
or sooner if deemed necessary in order to keep current with changing racial and cultural trends
[PC §1351S.4(i)l.
4U2'G ANNUAL ADMINISTRATIVE REVIEW
The Policy and Procedures Unit will conduct m documented annual administrative review of agency
practices including public concerns and complaints regarding bias-based profiling.
(a) This will include an |A database search for any inquiries or complaints alleging bias-based
police practices and review/ of monthly minutes regarding complaints received at Chief's
Advisory Board (CAB) committee meetings.
(b) This information will be included in the Annual Bias-Based Policing Report with
recommendations regarding training isaueo, policies and pnocedunaa, and any changes to
Federal or State mandates.
Page 2 of Policy 402 Supersedes 0ndar(o):Policy 402
000usigo Envelope ID:1cCo7*p5eouo-4s95-9Ar7~A3aFe6o3185p
Fresno Police Department Policy Manual
Search Warrants / Pre-Planned Tactical Operations
323'1pOL]CY
Officers shall bake the necessary steps to plan all warrant services carefully to prevent injury to
suspects and members. Search warrants are only to be executed by sworn personnel.
323.1.1 PURPOSE AND SCOPE
A pre-planned tactical operation is any operation where officers plan on taking some sort of
enforcement action. Examples ofpre-planned tactical operations are search warrants, knock and to|ks,
probation/parole oaoroheo, arrest warrants, etc.
323.2 COORDINATION WITH SIB
Any drug enforcement effort shall be coordinated with the Special Investigation Bureau (SIB). Members
shall contact 8|B supervisor before proceeding with any drug related investigation likely tulead to a
search warrant or "knock and talk" vvhana members have reason to believe o significant quantity of
drugs may belocated.
223'3 SEARCH WARRANT PLAN
All units eho|) check with o Law Enforcement event deoonf|ictiun systenn, such as VVS|N, before
proceeding with any search warrant or drug enforcement related investigation at specific location.
Refer to PoUox 610.
The case agent and a member of the unit who will serve the warrant shall develop a plan for serving the
warrant.
During the planning stage the case agent, a rnarnbar of the unit serving the warrant and a unit
supervisor shall, in person, observe the location to be searched to determine how the search warrant is
served, what resources are needed, and to ensure identification of the right location.
"No-Knock"warrants are inherently dangerous and can present a high risk to the safety of both officers
and the public. "No-Knock"warrants should only be utilized under the most extreme circumstances for
the preservation oflife. "No-Knock"warrants can only be obtained through the authorization of a judge,
approving "No-Knock" service. Prior to the service of any "No-Knock" warrant, permission shall be
obtained from the Chief ofPolice or their designee. After approval from the Chief ofPolice or their
designee, the ''No-Knock" search warrant shall be reviewed by the Unit Commander and SWAT
Commander ur designee prior toservice.
323.4 SUPERVISOR RESPONSIBILITIES
A supervisor shall review and sign the case agent's plan for the service of every search warrant.
The supervisor shall determine when assistance from the Patrol Division is needed and shall determine
the role of the patrol personnel at the search warrant location.
Page 1of5 Policy 323 Supersedes Ooder(o): Policy 823
Effective DatoUS01/2O2U Previously Issued:06/01/2020
ovc monsnwyopem: 1cco74p5-2onO-4E95-9AF7-A3ape6c318ep
The supervisor or acting supervisor of the unit must be present during the service of the search
warrant. When on acting supervisor will be overseeing the warrant service, the Unit Commander or
District Commander aho|i be informed before the warrant is served. A field supervisor or field
commander may also be utilized if the unit supervisor ia not available.
The supervisor should consider notifying EMS to have an ambulance on stand-by in the area when
serving the search warrant.
323'5 REQUIRED UNIFORM AND EQUIPMENT
Plainclothes members participating in the service of o search warrant or are part of a pre-planned
tactical operation shall wear Department authorized raid vests. The raid vests shall have visible
markings/patches that readily identify the wearer of the vest as a police officer.
Members participating in a pre-planned tactical operation or in the service of e search warrant ohuU
wear their Department issued bullet resistant vests.
There are occasions when a supervisor may elect Lo have the officers serving the warrant dress in
clothing appropriate for the location and type of crime. An example would be detacdives, assisted by
other offiu*xs, serving o search warrant at o school for financial records. The supervisor in charge may
decide to have the detectives dress in plainclothes without raid vests but must have ot least one offioar
ina "Class B'' uniform present at the location.
Members assisting in serving the warrant shall be armed with their Department issued firearms. Their
Department issued firearm(s) ahoU be the primary weapon when serving any search warrant. A
Department issued rifle or shotgun may be used in lieu of the officer's primary duty weapon. Members
may have their Department authorized back-up firearm with them.
Consideration should be given, when faaoib|e, to having a marked patrol car atthe search warrant
location to readily identify the serving of the search warrant as a law enforcement operation.
323'6 LOCATIONS SECURED PRIOR TO OBTAINING /&WARRANT
In some instances it may be necessary to secure a location prior to obtaining a warrant. Such situations
may not require that all the provisions of this order befollowed.
Members at the scene of crime where they are holding the scene pending a search warrant are not
required to complete a Risk Assessment Matrix.
323'7 TACTICAL OPERATIONS PLAN
A member of the unit serving the search warrant shall prepare a tactical operation plan for the men/ice
of every search warrant. A pre-planned operation intended to apprehend a suspect in a homicide with o
firearm will also require preparation of a tactical operation p|mn, based on time permitting and the
exigency of the specific situation. The nlonnber will use the Department approved tactical operations
plan format located at L1L|BRARY\F{JR[NS\Searoh Warrants - Toc Plans. All sections of the tactiool
operations plans will be completed. The tactical plan may be modified or updated through the Policy &
Procedure Unit.
The tactical operations plan should inc|ude, but is not limited to, the following:
(a) A diagram of the specific location where the warrant iatob* served;
(b) A map of the immediate area showing the location where the warrant is to be served, the streets
and alleys around the warrant location, proposed location of perimeter units, proposed approach
route and parking area of the entry temm(a), and any other features that the oeoe agent deems
important;
(u) Intelligence information gathered on the location and suspects. This should include photos of
known 9umpecto, photos of the |ouotion. RM8 on known suspects, weapons histories, and if any
children are at the location;
(d) Listing of personnel and equipment required to serve the vvonent. This would include any
special weapons that are needed and any assistance needed from Patrol Division rnembena, air
support, K-S'a` etc.;
Page 2of5 Policy 323 Supersedes Ovder(s): Policy 323
Effective Date 0801/2O2O Previously Issued:O001/2O2O
nvcusign Envelope lU 1oCo74p5-2oon-4s95-9xF7-A3aps6o31e5p
(o) Communication plan listing the primary channel, if the primary channel will be monitored by
dispatch, secondary channel, cell phone numbers, otc.;
(f)l Rally point in oeoe of emergencies;
(g) Location and route to nearest hospital; and
(h) Any other information the case agent deems relevant.
The case agent will maintain a copy of the original tactical operations plan in the case file. All copies will
be destroyed at the completion of the operation.
A separate form should be used to provide monlber'n ne|| phone numbers, description of undercover
officer or vehicles, confidential informanta, or other sensitive information. These forms will not be part of
the tactical operations plan and will be destroyed after the conclusion of the operation.
323.0 BRIEFING
A briefing shall be conducted before serving a search warrant or executing a pre-planned tauhoal
operation to apprehend a violent felony suspect. Attendance at the briefing is mandatory for all
nnannbena serving the aeon:h warrant, participating in the service of the warrant or pre-planned taodoo|
operation. The briefing should include, but not be limited to, the following:
(o) A description of the search warrant location;
(b) A description ofauapact(s). crime(s) invo|ved, weapons, and oontrubmnd�
(n) |dentifiom1ionofpuintofentry. oeoonderyantrypointo. naUypoint(s) ondzoneaoffire;
/d\ Designation of entry team members, equipment they require and how they will deploy;
/o\ Designation of perimeter team members, equipment they require and how they will deploy;
AD Role of assisting units such as Patrol D{xiaion, air support, etc.; and
(g) Review of the information contained in the tactical operations plan.
Members at the briefing shall be given a copy of the search warrant tactical operations plan.
323'9 NOTIFICATIONS
Units preparing to serve a search warrant shall notify the Duty Office and the ComCen supervisor prior
to serving the search warrant.
(a) The notification shall include the location vvhen* the search warrant will be oon/ed and the
expected time ofservice.
(b) The supervisor ehoU notify the ConoCen supervisor of any special requirements such as a
channel dedicated to the unit while they serve the wmrront, whether dispatcher is needed to
monitor the channel, etc.
(c) When a location is secured prior to obtaining a search warrant, the Duty Office and the ComCen
supervisor shall ba notified of the operation am soon possible.
(d) Tha Unit Connnnonder, District Connnnander, or their deaignee, ahm|| consult with the SWAT
Commander or designee to determine if SWAT will assist in serving the warrant.
The case agent shall notify any law enforcement agency of a pending search warrant in their
jurisdiction prior to serving the warrant.
323.10 POST SERVICE DUTIES
A receipt listing seized items shall be left in an in m prominent location. The goldenrod copy ofthe
Property and Evidence Report (PER) may serve oa the receipt.
A "Notice of Service" shall be left in o prominent location. After the search warrant location is seoun*,
the case agent may consider having the layout of the location recorded for future reference. This may
be done by drawing a diagram, taking photographs, video, etc.
Photographs should be taken at the conclusion of a search warrant to document any damage or lack of
damage at the location. The photographs may be taken by the unit serving the warrant or by Crime
Scene Bureau technician.
Page 3of5 Policy 323 Supersedes Onde,(o):Policy 323
Effective Date O301/2U2O Previously Issued:0001/2O2U
onounign Envelope ID: 1oCor4ro-2oon-4Ep5-eArr-^uersoozmnr
323.11 RISK ASSESSMENT MATRIX
The Risk Assessment Matrix is used during the search warrant planning stage to determine when
consultation with SWAT is required. The Risk Assessment Matrix is o YES/NO criteria based
questionnaire and includes information such as the type of ohrne and criminal histories of suspects
invoived, that are related to the service of warrants. The case egent, member completing the tactical
operations plan ore unit supervisor shall complete the Risk Assessment Matrix and will record any
affirmative responses (YES) that apply to their warrant. All boxes shall be marked. The member
onnnp|ebng the Risk Assessment Matrix will include all available information inc|uding, but not limited to
criminal histories/rap sheets, RMS. Automated Firearm 8yutnnn (AF8), prior police reporta, social
nnedio, and confidential/citizen informants. Risk Matrix numerical values are for FPD operations only.
The values are for consistency ofprep|anned operation service and notification guidelines to include
SWAT consultation.
(o) If any boxes in herno 1-5 are marked YES. SWAT should be contacted.
(b) If two or more boxes in items 6-11 are marked YES, SWAT should be contacted.
(c) The unit supervisor ahoU notify the Bureau or District Commander before the service of any
warrant or consultation with the SWAT commander ordesignee.
(d) The unit nnennber, or unit supervisor, completing the Risk Assessment Matrix shall consult with
the SWAT Commander, or designee, if the above criterion is reached to determine if SWAT will
assist in serving the warrant.
(e) SWAT notification ahoU be reflected in the tactical operations plan and any police report
associated with the service of the search warrant. If SWAT was not used, this shall be reflected
under"SWAT Contacted" and "SWAT Utilized" on the Risk Assessment and the police report as
well. The name of the SWAT commander or designee consulted shall be included in the tactical
operations plan and police report.
The Risk Asaounnnant Matrix cannot cover all the possibilities relating to the serving of warrants.
Although the score on the Risk Assessment Matrix may not require consultation with the SWAT
Commander or designee, there may be cases where such consultation might be appropriate.
A copy of the Risk Assessment Matrix shall be included in the plan for serving all search warrants. A
copy of the Risk Assessment Matrix is attached at the end of this order.
Page 4of5 Policy 523 Supersedes Ovder(o):Policy 323
Effective Date OS01/2U2O Previously Issued:0001/2O2O
onc"sign Envelope ID: 1coor4Fo-2onn-4sys-9xpr-^3apesoo1eor
FRESyJO POLICE DEPARTMENT
Risk Assessment
Items 1-5 (Check mark"Yes"to 1 of the criteria listed Yes No Explain
below, SWAT should be contacted)
1. Is the location fortified? (i.e sally ports, internal C3 0 11"'.1fick he,re to entertex"
fortifications, multiple gates, steel doors, etc.)
2. Firearms believed to be on premises and the Ciick, here to enter text.
suspect(s) have made threats to use them?
3. Automatic weapons, explosives or military Click, here O eraer text,
ordinance on the premises? F-1 F71
4. Suspect(s) have history of felonious assault on ,-fick here to entef,te.,dt.
Peace Officer involving weapons? F-1 0
5. Based upon specific articulable,facts, is there a Click here to enter iexf,
likelihood of violent/armed confrontation? 0
Items 6-11 (Check mark"Yes" to 2 or more Yes No Explain
criteria listed below, SWAT, should be
6. Sophisticated counter surveillance?(CCTV, Click here to enter text,
intrusion devices, etc.) 0 0
7. Are the suspect(s)3 strikes candidates Click here to enter text.
involving violence? 0 0
8. Do the suspect(s) have propensity for Click here to enter text,
9. Security screens on doors and/or windows? Click here+10 enter text.
10. Have specific threats of violence been Click here to enter text.
made against Peace Officers? 0 1771
11. Suspect is a member of a gang, criminal Click here to enter text.
organization or militant group. 0 0
When preparing an operational plan, this checklist shall be incorporated into the plan and used to
evaluate the need for assistance from SWAT. Any number of circumstances may dictate that SWAT be
used. [>fUoans and supervisors are encouraged to contact SWAT Team supervisors whenever
questions arise concerning the evaluation of the above listed criteria.
SWAT Contacted: Yea [] No [] Name: Click here to enter text
Date/Time: Click here to enter1ext.
8VV/(T Utilized: Yee [] No []
If not, explain briefly: Click hereto enter text.
Prepared by: Click hone to enter text, Date: Click hen* to enter text,
Reviewed by: Click here 10 enter text. Date: Click here to enter tent.
Page 5 of Policy 328 Supersedes Onder(u): Policy 323
Effective Date O301/2O2O Previously Issued:O§01/2O2O
000 mynsnnyopem:1ouo74F5-2oon-4s95-9AF7-A3sFs6o3185r
Fresno Police Department Policy Manual
s00aKU Unmanned Aerial Systems (sUUAS)
439'1POLICY
Unmanned aerial systems may be utilized to enhance the Department's mission of protecting lives and
property when other nnaons and resources any not available or are |eoa effective. Any use of snna||
unmanned aerial system (uUAG) m/i!| be in strict accordance with Constitutional and privacy rights and
Federal Aviation Administration (FAA) regulations. Department rnennbora may request o aUAS for
assistance in order to maximize officer safety and facilitate the goals of the Department.
439.1.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of sUA8 and for the storaga, retrieval
and dissemination of images and data captured by the sUA8.
439.28EF|NIT|CJPAS
Certificate of Waiver orAuthorization (CCJA) - Authorization issued by the FAA for gaining approval
when there is a need to operate a sUAS outside of the provisions of FAA Part 107.
FAA Part 107 - Rules for operating sUA8 (other than model airplanes) set by the Federal Aviation
Administration (FAA).
Small Unmanned Aerial System (s[JAS) - An unmanned aircraft of any type that is capable of
sustaining directed Di0ht, whether preprogrammed or remotely controlled (commonly referred to as an
unmanned aerial vehicle /UA\0), and all of the supporting or attached systems designed forgathering
information through inoaginQ, recording or any other means.
IRA
438'4 PROGRAM COORDINATOR
The Chief ofPolice will appoint a program coordinator who will be responsible for the management of
the sUAS program. The program coordinator will ensure that policies and procedures conform to
current |avvS, regulations and best practices and will have the following additional responsibilities:
(a) Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and
ensuring that the COA is current;
(b) Ensuring that all authorized operators and required observers have completed all required FAA
and Department-approved training in the operation, applicable (avvs, policies and procedures
regarding use of the aUA8;
(o) Developing uniform protocol for submission and evaluation of requests to deploy a aUAS'
including urgent requests made during ongoing or emerging incidents;
(d) Developing protocol for conducting criminal investigations involving a oUA8, including
documentation of time spent monitoring a subject;
(e) Implementing m system for public notification ofSUAGdeployment;
h1 Developing on operations manual governing the deployment and operation of sUA8 ino|uding,
but not limited to, amfah/ ovensight, use of visual observers, establishment oflost link procedures
and secure communication with air traffic control facilities;
Page 1of2 Policy 433 Supersedes Onder(o): Policy 439
000"sign Envelope ID:1cCo74r5-2oou-4s95-9AF7-A3aFE6o3185p
(g) Developing a protocol for fully documenting all missions;
(h) Developing asUA8 inspection, maintenance and nsno protocol to ensure continuing
airworthiness of sUAG, up to and including its overhaul or life |jrnhs;
(i) Developing protocols to ensure that all data intended to be used as evidence are accessed,
nnaintoined, stored and retrieved in a manner that ensures its integrity as evidence, including
strict adherence to chain of custody naquivonnanta. Electronic tnai|s, including encrypdon,
authenticity certificates and date and time stamping, eho|| be used as appropriate topreserve
individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of
custody;
0) Developing protocols that ensure retention and purge periods are maintained in accordance
with established records retention snhedulos�
.
(k) Facilitating law enforcement access to images and data captured by the sUAS;
(|) Recommending program enhancements, particularly regarding safety and information security;
and
(rn)Eneuring that established protocols are followed by monitoring and providing periodic reports on
the program to the Chief of Police.
439'5 USE OFsUAS
Only authorized operators who have completed the required Department training shall be permitted to
operate the UAS.
Use of vision enhancement technology /a.g., thermal and other imaging equipment not generally
available to the public) is permissible for use in viewing areas only where there is no prnt*ctob|e privacy
intenaat, or where exigent circumstances exist and such use is authorized by this Policy or deemed
necessary for public safety purposes.
sUAS operations should only be conducted during daylight hours and a sUAS should not be flown over
populated areas, unless operating under an appropriate, valid FAA waiver.
439'7 RETENTION OFWASDATA
Data collected by the sUAS shall be retained as provided in the established records retention schedule.
Page 2nf2 Policy 438 Supersedes Order(s): Policy 438
Effective Date: 07/01/2020 Previously Issued:U601/2O2O
DocuSign Envelope ID: 1CCD74F5-2D00-4E95-9AF7-A3BFE6D3185F
Fresno PD
BSCC 1153-23
Page 1 of 1
APPENDIX A: Organized Retail Theft Grant Program Scoring Panel Roster
Name Title Organization/Age cy
1 Ryan Allain Director Government Affairs,California Retailers
Association
2 Chesa Boudin Executive Director Criminal Law&Justice Center—LIC
Berkeley School of Law
3 Michelle Brown Retired Chief Probation Officer San Bernardino County
4 Derek Casebeer Chief Deputy Sacramento County Probation
Department
5 Tracie Cone Public Information Officer Board of State and Community
Corrections
6 Jason Craven Officer CA Highway Patrol Organized Retail
Crime Task Force&Sacramento County
Auto Theft Suppression Task Force
7 Jason Daughrity Retired CHP Captain Commander of Field Support Section
8 Sandra Dinong Associate Governmental Program Board of State and Community
Analyst Corrections
9 Evonne Garner Retired Deputy Director Board of State and Community
Corrections
10 Mary Jolls Retired Deputy Director Board of State and Community
Corrections
11 Nicole Kirkaldy Restorative Justice and Diversion Yolo County District Attorney's Office
Program Director
12 Mercedes Morales Associate Governmental Program Board of State and Community
Analyst Corrections
13 Ryan Okimura Staff Services Manager I Board of State and Community
Corrections
14 Nancy O'Malley Retired District Attorney Alameda County
15 Chelsea Paez Staff Services Manager I Board of State and Community
Corrections
16 Bao Phan Associate Governmental Program Board of State and Community
Analyst Corrections
17 Rodney Rego Captain Elk Grove Police Department
18 Michelle Solorzano Sr. Project Manager City of El Monte
19 Ashley Taylor Associate Governmental Program Board of State and Community
Analyst Corrections
20 Eric Taylor Sheriff San Benito County
oucusign Envelope ID:1nco/4 7+A3eps6o3185p
FreunoPD
8SCC1153-23
Page 1 of
APPENDIX [3: Grantee Assurance for Non-Governmental Organizations
The Organized Retail Theft Grant Program Request for Proposals(RFP) includes requirements that apply
to non-govern mental organizations (NGOS)` providing services with grant funds. Grantees are
responsible for ensuring that all contracted third parties continually meet these requirements as 8
condition of receiving funds. The RFP describes these requirements as follows:
Any non-govern mental organization that receives Organized Retail Theft Grant Program Grant funds (as
either eGubDr8nteeor subcontractor) must:
� Have been duly organized, in existence, and in good standing for at least six (0) months prior to
the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant
Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other
qualified non-governmental entities that were in existence prior tothe six (8) month date
are also e|iQib|e, provided all necessary agreements have been executed and filed with
the California Secretary of State prior to the start date of the grant agreement with the
BSCCor the start date of the grantee subcontractor fiscal agreement,
° Be registered with the California Secretary ofStota'a[}ffioe. if applicable;
* Have a valid Employer Identification Number(EIN) or Taxpayer I D (if sole proprietorship);
° Have o valid business license, ifapplicable;
* Have nV outstanding civil judgments orliens;
° Have any other state or local licenses or ceitifications necessary to provide the services requested
(e.g., facility licensing by the Department of Health Care Services), if applicable; and
w Have a physical eddnaau within California. (An agent for service Of process with a California
address ioinaufhc(anL)
Completing the NGO Assurance (Following Page)
1. Provide the name of the Applicant Agency (the Gnyntae).
2. List all contracted parties (if known),
3. Check Yes or No to indicate if each contracted port meets the requirements
4. Sign and Submit tn the B8CC
NOTE: If the name of the contracted p8dv is unknown or if there will be no contracted parties. Write
N/A in the "Name Vf Contracted Party"field and sign the document.
For the purposes of this RFP,NGOs include nonprofit and for-profit community-based organizations,faith-based organizations,evaluators
(except government institutions such as universities),grant management companies,and any other non-governmental agency or individual.
Fresno PD
BSCC 1153-23
APPENDIX B: Grantee Assurance for Non-Governmental Organizations Page 2 of 2
Organized Retail Theft Prevention Grant Program
Non-Governmental Organization Assurances
Name of Applicant: Fresno Police Department
T
Name of Contracted Party Address Email I Phone Meets All
Requirements
N/A
Yes❑ No ❑
Yes ❑ No❑
N/A
Yes ❑ No 0
N/A
Yes❑ No❑
N/A
*Grantees are required to update this list and submit it to BSCC any time a new third-party
contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable
source documentation for each contracted party that verifies compliance with the requirements
listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not
meet the requirements listed above and for which the BSCC does not have a signed grantee
assurance on file.
The signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
This document must be signed by the person who is authorized to sign the Grant Agreement.
NAME OF AUTHORIZED TITLE TELEPHONE NUMBER EMAIL ADDRESS
OFFICER City Manager 559-621-7795 georgeanne.white@fresno.gov
Geomeanne A. White
STREET ADDRESS CITY STATE ZIP CODE
2600 Fresno Street Fresno CA 93721
APPLl hiT' (GNAT E(Bkje lnk,3,wy) DATE
7/-7b ?
Organized Retail Theft Prevention Grant Program
1 Organized Retail Theft Prevention Grant Program
2 District Attorney, County of Fresno
3
4 FOR ACCOUNTING USE ONLY:
5
6 FUND: 0001
7 ORG: 2860
8 ACCOUNT: 4841
9 SUBCLASS: 10000
PROGRAM: 0
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28