Richmond City Council
February 15, 2022

EXHIBIT A
Description and Map of the Property
The property to be leased pursuant to this Agreement consists of the portions of the adjacent lots, Contra Costa County Assessor Parcel Numbers ("APN") 514-020-001 through 514-020-014, that are bounded by 23rd Street to the east and west and Bissell Avenue to the north, in a triangular manner. The area has been assigned the following addresses by the Contra Costa County Assessor’s Office:
175 23rd Street (514-020-001), 153 23rd Street, (514-020-002), 145 23rd Street (514-020-003),141 23rd Street (514-020-004), 100 23rd Street (514-020-005), 121 23rd Street (514-020-006), and includes any such portions of lots 514-020-007 through 514-020-015 that may be contiguous to the land described above. The map, below, indicates by shading, the area to be leased.

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

Policy shall also include coverage for liability arising out of the use- and operation of any City-owned or City-furnished equipment used or operated by the NON -PROFIT, its
personnel, agents, or subcontractors.

Policy shall be endorsed to name the City of Richmond
as an additional insured per the conditions detailed
below

Required Policy Conditions
Additional Insured
Endorsement
The City of Richmond, its officers, officials, employees, agents, and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly from Tenant’s use of the Property.

ISO form CG 1020 (11/85) or its equivalent is required. The endorsement much not exclude products and completed operations coverage. If it does then CG 20 37 (10/01) is also required. SAMPLE Endorsements Attached.

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

Waiver of Subrogation
Endorsement
NON-PROFIT's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this Agreement.

EXHIBIT C
Farm and Garden Description:

The Culinary Club includes a Farm and Garden, located near The Kitchen and Classroom.

Designed with raised planter boxes for an enormous variety of organic plants and edibles, a greenhouse and potting shed. Students can have their lessons in the garden at the outdoor classroom tables, WIFI enabled, guests ranging from USDA plant biologist to cookbook authors and master gardens, participate with kids and their garden and farm learning of soil, seeds, plants.

The Program anticipates a collaboration with local farmers and gardeners, teaching s tudents gardening, farming and soil. Opportunities of a Farmers Market, harvested from the Garden, along community offerings for use of the harvests. Potential for product and food development, from the Garden to the Kitchen, with expertise from professional chefs; enabling the kids to create finished ready to eat products as their education and culinary skills grow.

Youth will gain hands-on experiences have discussions with plant biologists, farmers, learn about sustainable agricultural, visit local food markets, and how local food growing, sourcing, can work together towards the sustainability of agricultural systems, ecology, and economics.

Community events in the garden may include music from RPAL Band, art installations, food programs and other engaging community activities for Families, Seniors and Youth.

Creating Environments of High Quality, Valuable, Educational, and Impactful

Programs Building Foundations for Youths to Launch Themselves in Life

Destination Campus and Integrated Programs

Experience, Educate, Explore, Evolve, Inspire, Empower, Immersive Life Skills, Inclusion, Career

Pathway Opportunities, Collaboration with Accomplishments

Encouraging Youth to Immerse Themselves in New Experiences

Diverse, Interesting, Fun Curriculum, Participation and Engagement in this

Exposure Based Program

The Culinary Club, Educational Equity Equalizer:

Education is the great equalizer; the more knowledge, the more opportunities will open up to allow the youth to achieve better possibilities in their path, career and personal growth.

February 15, 2022

Economic Development

DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Shasa Curl, Interim City Manager
Samantha Carr, Environmental Manager
Subject: Authorization to Apply for Calrecycle Grants
FINANCIAL IMPACT: There is no impact, however, if awarded the grant(s), it would positively affect the General Fund.

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A

STATEMENT OF THE
ISSUE:

City staff members are seeking City Council authorization to submit grant applications to the California Department of Resources, Recycling, and Recovery (CalRecycle) for
any and all grants for which the City of Richmond is
eligible, and if any grants are awarded to Accept and
Appropriate into the budget.

RECOMMENDED ACTION:

ADOPT a resolution authorizing the city manager or their designee to submit grant applications for any and all
CalRecycle grants for which the City of Richmond is
eligible; and if any grants are awarded, to ACCEPT and
APPROPRIATE into the budget - City Manager’s Office,
(Shasa Curl/Samantha Carr 510-620-5407).

AGENDA
REPORT

February 15, 2022
DISCUSSION:

The California Department of Resources Recycling and Recovery (CalRecycle) offers several funding opportunities to assist public entities in the safe and effective management of the waste stream. The City of Richmond has received several grants from CalRecycle including (1) a Solid Waste Disposal and Site Cleanup grant to fund illegal dumping prevention programs and clean-up illegally dumped debris; and (2) an Edible Food Recovery grant to fund increasing food waste recovery capacity within Richmond.

CalRecycle requires City Council authorization for each grant submittal, or a general resolution authorizing staff to submit applications to the State of California. City staff members are seeking City Council authorization for the next five (5) years to submit grant applications for any and all grants offered by CalRecycle for which the City is eligible (Attachment 1).

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

CITY COUNCIL RESOLUTION NO. ________

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

CALIFORNIA AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL

CALRECYCLE GRANTS FOR WHICH THE CITY OF RICHMOND IS ELIGIBLE

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and

WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond authorizes the submittal of application(s) to CalRecycle for all CalRecycle grants or payment programs for which the applicant is eligible; and

BE IT FURTHER RESOLVED that the City Manager, or their designee is hereby authorized as the Signature Authority and empowered to execute in the name of the City of Richmond all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds, implement the approved grant project and close-out the grant(s);

BE IT FURTHER RESOLVED if awarded the grant it can be accepted and appropriated accordingly into the City’s budget; and

BE IT FURTHER RESOLVED that these authorizations are effective for City of Richmond Fiscal Years’ 2021-2022 through 2025-2026.

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

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

January 11, 2022

Human Resources

DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Anil Comelo, Interim Deputy City Manager

Subject:

Contract with Governmentjobs.com dba NeoGov and
Governmentjobs.com Job Postings.

FINANCIAL IMPACT: The proposed $14,943.07 expenditure is included in the fiscal year 2021-2022 budget for the Human Resources
Department (Professional Services 01181016-400201).

The cost breakdown includes:
$12,603.07 – Software Module
$2,340.00 – Subscription Service

PREVIOUS COUNCIL
ACTION:

January 14, 2020 and February 2, 2021

STATEMENT OF THE
ISSUE:

The Human Resources Department is seeking to
continue our yearly contractual agreement from
January 27, 2022 through January 26, 2023, with
Governmentjobs.com dba NeoGov for software support
and the subscription for posting all City of Richmond
job announcements on the Govermentjobs.com public
job site.

RECOMMENDED ACTION:

APPROVE a sole-source contract with
Governmentjobs.com dba NeoGov for software support
and a subscription for job postings to the public - Human Resources Department (Anil Comelo 510-620-6609).

AGENDA
REPORT

January 11, 2022
DISCUSSION:

For over a decade, the City of Richmond Human Resources Department has contracted annually with Governmentjobs.com dba NeoGov (NeoGov) for the purpose of online recruitment and application processing using the NeoGov Insight Enterprise Software module. Governmentjobs.com is a public sector website for job seekers to find job announcements throughout the country. NeoGov is an HR software company that specifically caters to the public sector with over 6000 clients nationwide.

The use of NeoGov has enabled the City of Richmond Human Resources Department to streamline the applicant tracking system to an online process of accepting applications and notifying applicants of their results by way of email, hence increasing efficiency and reducing paper usage. The proposed contract includes software support from January 27, 2022 through January 26, 2023, and is estimated to cost $12,603.07.

In addition, the subscription fee of $2,340 per year, a locked rate through January 26, 2025, is also due annually to Governmentjobs.com, specifically for public sector job announcements, and gives the City of Richmond more exposure nationally for attracting more qualified applicants seeking jobs in the public sector.

In conclusion, the ability to apply for open recruitments online is based on the software and support offered by Governmentjobs.com dba NeoGov (NeoGov) and enables the City of Richmond to reach a larger pool of candidates for all positions. Sole Source justification was approved by the Finance Department in 2018.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract with Governmentjobs.com dba NeoGov Attachment 2 – Approved Sole Source Justification

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

1. Parties.

The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Ex
piration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit.

City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations.

Contractor shall provide those services and carry out
that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations.

City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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

7. General Conditions.

This Contract is subject to the General Conditions
(Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions
. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

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

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default
. Notwithstanding any provision herein to the
contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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

15. Indemnification
.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws
. Contractor shall comply with all federal, state and
local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

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

27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

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

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

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

35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

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

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance
.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and Governmentjobs.com dba NeoGov

EXHIBIT E

SPECIAL CONDITIONS

Paragraph 15 (a) is revised to read: "If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City from and against third party claims, damages, losses, and expenses including reasonable attorneys' fees actually awarded and arising out of active negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence or willful misconduct of the City. Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; reasonable court costs; ....." Paragraph 20. Limitations upon Subcontracting and Assignment first paragraph is revised to read: "This Contract binds the heirs, successors, assigns and representatives of Contractor." Second paragraph of Paragraph 20 is hereby eliminated. Third paragraph of Paragraph 20 is revised to read: " The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor (collectively referred to as "Change in Control"), shall be deemed an assignment, and Contractor shall not require and any consent from the City in the event of a Change in Control.".....

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Invoice #INV-24447
From
Governmentjobs.com, Inc. DBA NEOGOV
300 Continental Blvd.

Suite 565
El Segundo, CA 90245
Invoice Summary
Invoice NumberINV-24447
Date12/27/2021
TermsNet 30
Due Date01/26/2022
Amount Due (USD)$ 14,943.07
Bill To
Richmond, City of (CA)
450 Civic Center Plaza
Richmond, CA 94804-0046
USA
Item / Description Total
Insight
This is your subscription fee for Insight for the term starting 01/27/2022 and ending 01/26/2023. 12,603.07
Governmentjobs.com
This is your subscription fee for Governmentjobs.com for the term starting 01/27/2022 and ending 01/26/2023.
2,340.00
Amount Due (USD)$ 14,943.07
Thank you for your business!
For questions, or pay by credit card, please reply to this email or reach out to [email protected].

Please make checks payable to:

Governmentjobs.com, Inc
DEPT LA 25067
Pasadena, CA 91185-5067
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Silicon Valley Bank
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Swift Code: SVBKUS6SIBO
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ATTACHMENT I

February 15, 2022

Library and Community Services

DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

LaShonda White, Interim Director of Library and
Community Services
Ranjana Maharaj, Deputy Director Community Services
Department-Recreation
Joe Leach, Director of Public Works
Stephanie Ny, Associate Administrative Analyst

Subject:

Approval of the Juneteenth Freedom Mural Project and
Resolution of Intent to Rename
FINANCIAL IMPACT: Richmond Neighborhood Coordinating Council, serving as the fiscal sponsor of Pullman Neighborhood Council,
was awarded a Love Your Block Mini-Grant in the
amount of $9,775 from the Community Services
Department and City Manager’s Office, Economic
Development. 90 percent of the funds ($8,797.50) were
distributed in June 2021, and the remaining 10 percent
($977.50) will be distributed upon submission of a
complete final report package in June 2022 (01250051-
400815 2GI01).

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Approve the Juneteenth Freedom Mural project at the
South 37th Street Underpass and rename South 37th St
Underpass to Juneteenth Freedom Underpass in
alignment with the Juneteenth Freedom Mural project.

AGENDA
REPORT

February 15, 2022
RECOMMENDED ACTION:

APPROVE the Juneteenth Freedom Mural Project at the
South 37th Street Underpass; ADOPT a resolution of
Intention to rename the South 37th Street Underpass to
Juneteenth Freedom Underpass; and RESCHEDULE a
Public Hearing previously scheduled for February 15,
2022, to March 1, 2022 – Community Services
Department (LaShonda White/Ranjana
Maharaj/Stephanie Ny 510-620-6563). This item was
continued from the February 1, 2022, meeting.

DISCUSSION:

At the November 3, 2021, regular meeting of the Recreation and Parks Commission, the commission recommended the approval of the Juneteenth Freedom Mural concept design at the South 37th Street Underpass. At the December 1, 2021, regular meeting of the Recreation and Parks Commission, the commission recommended the renaming of the South 37th Street Underpass to Juneteenth Freedom Underpass per the request of the Pullman Neighborhood Council. The renaming request would solely impact the underpass and not the street; therefore, the impact to safety, delivery services, and navigational routes is estimated to be minimal to post office and police and fire departments.

A public hearing was initially scheduled for February 15, 2022; however, this item was continued from the February 1, 2022, agenda and the public hearing, has been rescheduled for March 1, 2022, to consider renaming the South 37th Street Underpass to Juneteenth Freedom Underpass. Notifications were previously mailed to the properties and property owners within a 300-ft radius of the underpass in anticipation of the February 15, 2022, public hearing date. Notification was previously published in the West County Times which met the requirement of posting 10 days prior to the previously scheduled hearing. The notice was also sent to public safety departments and post offices in Richmond to allow for input on the impact to postal, police, and fire services.

Richmond Neighborhood Coordinating Council, serving as the fiscal sponsor of Pullman Neighborhood Council, received a Love Your Block Mini-Grant in the amount of $9,775 from the Community Services Department and City Manager’s Office, Economic Development to implement the Juneteenth Freedom Mural project. The Love Your Block Mini-Grant project implementation period is July 1, 2021, through May 31, 2022.

Love Your Block Mini-Grant
A resolution was approved by City Council on December 17, 2019, approving a solid waste Franchise Fee adjustment of a 7.5 percent increase to develop I Heart Richmond, a campaign to support clean-up efforts related to the built environment and environmental quality. The funding can be used for: 1) Compliance and enforcement of

February 15, 2022
local and state solid waste reduction and recycling laws; 2) Prevention of litter and blight; and 3) Improving overall environmental quality and health.

Through this funding, a total of $80,000 was allocated for the Love Your Block Mini- Grant Awards FY 2020-2022 grant cycle. The program was open to non-profit organizations with 501(c)(3) tax status and individuals and organizations utilizing a 501(c)(3) fiscal sponsor. Mini-grants would fund clean-up and beautification projects in the City of Richmond that would engage resident and community volunteers.

On February 2, 2021, City Council approved the Fiscal Years (FY) 2020-2022 Love Your Block Mini-Grant (LYB Mini-Grant) program guidelines, application, final report, and grant award agreement and authorized the City Manager or designee to administer grant award agreements and disburse grant funds upon selection of recipients.

The application cycle received 23 mini-grant applications, and a review panel selected 10 applications to receive Love Your Block Mini-Grant awards. Richmond Neighborhood Coordinating Council, serving as the fiscal sponsor of Pullman Neighborhood Council, was selected to receive $9,775 for the Juneteenth Freedom Mural project.

Juneteenth Freedom Mural
Per the Pullman Neighborhood Council, the Juneteenth Freedom Mural project “will help to beautify the Pullman Neighborhood by creating a colorful mural under the current 37th Street bridge/underpass which currently consists of bare concrete. The [South 37th St Underpass] is a main artery in the Pullman and Park Plaza Neighborhoods and thousands of cars, bicycles, and pedestrians utilize this route daily. In addition, the annual Richmond Juneteenth Parade utilizes this underpass as part of the route to the festival in Nicholl Park each June. Currently, there is nothing commemorating the Juneteenth Family Day Parade and Festival in Richmond and this mural can help celebrate, elevate and promote the visibility of one of Richmond’s unique events as well as beautify the neighborhoods.”

Pullman Neighborhood Council worked with Bay Area muralist Desi Mundo of the Community Rejuvenation Project to aid residents in the design and painting of the mural. Residents brainstormed concept ideas, reviewed designs, and finalized the concept design.

The mural concept design was presented to the Public Art Advisory Committee on September 13, 2021, and approved by the Richmond Arts and Culture Commission on September 23, 2021. The mural concept design was additionally presented to and approved by the Recreation and Parks Commission on November 3, 2021.

Juneteenth Freedom Mural Location Details
The Juneteenth Freedom Mural will be located at the South 37th Street Underpass on South 37th Street between Chanslor Avenue and Ohio Avenue. The underpass has two structures: a northern structure with BART tracks on top and a southern structure that is part of the Richmond Greenway.

February 15, 2022
The mural will be located solely on the south face of the southern structure. It will be visible to northbound travelers on South 37th Street.

Juneteenth Freedom Mural Timeline
The project will be completed by May 31, 2022. Pullman Neighborhood Council is working closely with Community Services and Public Works staff to coordinate the project, including traffic control coordination and encroachment permits.

Honoring Jerrold Hatchett in the Juneteenth Freedom Mural The Juneteenth Freedom Mural honors the great contributions of long-time Richmond resident, activist, and organizer, Jerrold Hatchett, in spearheading and preserving the annual Juneteenth festivities. Jerrold worked for almost 50 years at Richmond’s own Sims Metal as a manager where he retired and continues to actively contribute to the citizens of Richmond and play a vital role in its future.

His advocacy recognized the Juneteenth celebration as a gem that showcases community, music, art, and culture by descendants of the Great Black migration from the rural south that happened in the 20th century. The parade honors the historic achievements of its ancestors and descendants by passing through the southside neighborhood, an area that was largely settled by Black Americans from the south coming to work during World War II. While many states have actively recognized Juneteenth as a major holiday, its presence in California went largely unnoticed. Jerrold helped keep the flame alive, and it is evident now what an important holiday it has become as it is now a federal holiday.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution of Intent
Attachment 2 – Google Map of South 37th Street Underpass Attachment 3 – Juneteenth Freedom Mural concept design and general project information prepared by Pullman Neighborhood Council
Attachment 4 – Richmond Arts and Culture Commission Minutes from September 23, 2021
Attachment 5 – Recreation and Parks Commission Minutes from November 3, 2021 Attachment 6 – Recreation and Parks Commission Minutes from December 1, 2021 Attachment 7 – Application to rename South 37th Street Underpass to Juneteenth Freedom Underpass

RESOLUTION OF INTENTION NO.

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO CHANGE THE NAME OF THE SOUTH 37TH STREET UNDERPASS TO JUNETEENTH FREEDOM UNDERPASS

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

Section 1. It is the intention of the City Council of the City of Richmond to change the name of the South 37th Street Underpass on South 37th Street between the streets of Chanslor Avenue and Ohio Avenue to Juneteenth Freedom Underpass as shown on Attachment 2.

Section 2. That Tuesday, March 1, 2022 at 6:30 p.m., or as soon thereafter, as the matter can be heard and will be held via Zoom video conference and by toll-free teleconference call. All persons interested in or objecting to the proposed renaming of said underpass may attend the public hearing online or by toll-free teleconference call, or, prior to the time of the hearing, submit written comments.

Section 3. That the City Council staff is hereby instructed to: (1) mail the notice of a hearing to property owners and properties on South 37th Street between Chanslor Avenue and Ohio Avenue.

Section 4. That the City Clerk is hereby instructed to: (1) cause to be posted conspicuously along South 37th Street between Chanslor Avenue and Ohio Avenue at least three (3) copies of this Resolution; and (2) cause to be printed and published in the West County Times, the notice of the Public Hearing at least ten (10) days before said hearing.

I certify that the foregoing resolution was adopted by the City Council of the City of Richmond at a regular meeting held on February 15, 2022, by the following vote:
--------------

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND

Approved:

Mayor

Approved as to form:

City Attorney

South 37th Street Underpass Location
The Google map showing this location can also be accessed at the following link: https://goo.gl/maps/RM4SsTPjeKnaKdaQ6

JUNETEENTH FREEDOM

UNDERPASS AND MURAL
Slides and Pictures Courtesy of Pullman Neighborhood Council 1

PROJECT BACKGROUND
Recipient of FY 2020-2022 Love Your Block Mini-Grant ($9,775) Grantees & Partners: Pullman Neighborhood Council, Pullman Neighborhood Block Party Committee, Pullman Neighborhood Beautification Committee
Proposed Project: Paint Mural and Rename South 37th Street Underpass to Juneteenth Freedom Underpass
(Rename applies to the underpass only, not South 37th Street) Implementation period: July 1, 2021 – May 31, 2022
2

From this…
To this…
3

DESIGN PROCESS
Pullman Neighborhood
Council (PNC)
brainstormed concept
ideas and discuss
muralist candidates.

After deciding on
muralist, PNC provided
ideas to muralist.

Concept design meeting
with Muralist and PNC
to review designs,
provide input, and
finalize draft.
4

HONORING RICHMOND’S

JUNETEENTH PARADE
5

HONORING JERROLD
HATCHETT’S ADVOCACY
6

ARTIST DESI MUNDO
Local Bay Area muralist Desi Mundo of the Community Rejuvenation Project consulted with the Pullman Neighborhood Council to aid in the design and painting of the mural. 7

NAMING THE SOUTH 37TH

STREET UNDERPASS
Applies to the South 37th Street Underpass only, not South 37th Street 8

TIMELINE
August 2021: Mural concept design completion
September 2021: Mural concept design approval from Richmond Arts and Culture Commission
November 2021: Concept design approval from Recreation and Parks Commission; renaming application submitted
December 2021: Renaming application recommendation for approval by Recreation and Parks Commission
February 2022: (Pending) Project approval and renaming resolution adopted by Richmond City Council
March – May 2022: Project implementation
June 2022: Juneteenth Parade
9

RECOMMENDED ACTION
APPROVE the Juneteenth Freedom Mural Project
at S. 37th Street Underpass
ADOPT a resolution of Intent to rename the S. 37th
Street Underpass to Juneteenth Freedom
Underpass
SCHEDULE a Public Hearing for February 15, 2022
10

Thank you!
Funded by a Love Your Block Mini-Grant from the City of Richmond City Manager’s Office, Economic Development and Community Services Department 11

1 RICHMOND ARTS AND CULTURE COMMISSION (RACC)
Regular Meeting Minutes
Thursday September 23, 2021
6:00 p.m. - 7:00 p.m. Zoom Invitation

Present: Commission Chair Floren e Wiley; Commission Co -Chair Michael Cohen ; Commissioners Lynson Bea ulieu, Deb Dyer, Siobhan Hayes, Tom Herriman, Melissa Kirk, Tom Lyons and Phillip Mehas

Absent: Commissioner Emily Leighton and Council Liaison Melvin Willis

Staff Present: Arts & Culture Manager Winifred Day

I. Welcome/Call to Order/Roll Call

The RACC meeting was called to order at 6:00 p.m.

II. Approve September 23, 2021 Agenda

Motion by Commissioner Dyer, seconded by Commissioner Beaulieu to approve the September 23, 2021 meeting agenda, as shown, carried by a Roll Call vote.

III. Approve July 22, 2021 Meeting Minutes

Chair Wiley commented that as a former Board Secretary she was thrilled to have legitimate meeting minutes for the RACC as a public document to represent the RACC.

Motion by Commissioner Beaulieu, seconded by RACC Co-Chair Cohen to approve the July 22, 2021 meeting minutes, as shown, carried unanimously by a Roll Call vote.

IV. Public Comments

There were no public comments.

V. Discussion / Action /Items

1. Love Your Block Mural Proposals
Mural Concept Designs for Pullman Underpass and Unity Park

Commissioner Dyer reported the Public Art Advisory Committee (PAAC) had recommended the RACC accept both Love Your Block mural concept designs.

Chair Wiley advised the materials for the mural concept designs for Pullman Underpass and Unity Park had been included in the RACC agenda packet.

Stephanie Ny, Community Services Division, supported the grantees and their p roposals and expressed her appreciation to Arts & Culture Manag er Day, the PAAC, and the RACC for its consideration of the mural designs.

2 Motion by Commissioner Dyer, seconded by Commissioner Hayes to accept both of the Love Your Block Mural Concept Designs for Pullman Underpass and Unity Park , as approved by the PAAC at its September 13, 2021 meeting, carried unanimously by a Roll Call vote.

2. West Contra Costa County Family Justice Center (WCCCFJC)

a. Panel Composition and Recommendation of Resident Panelist

Commissioner Dyer reported t he PAAC had approved a recommendation from Arts & Culture Manager Day for Richmond resident Natalia Lawrence, with further discussion to add anothe r artist from the Richmond area. Six names had been provided to Ms. Day and the WCCCFJC was to complete the panel of three by selecting either a staff person, citizen or client. Only three voting members had been recommended for the panel that involved a $10,000 award , with potentially a member of Planning staff or of the PAAC, to be added as a non-voting member.

Arts & Culture Manager Day noted that Commissioner Herriman had volunteered to serve as the non-voting member since he had a history with the project. S he was conducting research prior to contacting the six names that had been provided to confirm their residency given the focus on Richmond residents first. A panel application would be prepared due to the number of people who wanted to be in the position. She reported that Natalia Lawrence had accepted the resident Richmond position, was familiar with Richmond, and would be a great candidate.

Commissioner Dyer suggested it would be nice to have a group of people who could be called upon when needed.

Commissioner Herriman consented to serve as the non-voting member on the panel.

Motion by Commissioner Dyer , second ed by Co-Chair Cohen to accept the PAAC recommendation to form a panel of three for the West Contra Costa County Family Justice Center (WCCCFJC) to select the work, to be comprised of Richmond resident Natalia Lawrence, an artist who resided in Richmond, someone designated by the WCCCFJC, and with Commissioner Herriman to serve as a non -voting member of the panel , and potentially to include a representative from Planning staff, carried by a Roll Call vote . (Commissioner Kirk, who was having technical difficulties, abstained by not responding.)

3. Art Inventory Update

a. After some review, StoryMaps ( https://storymaps.arcgis.com is the software recommended by the IT team. A presentation will be made a t a RACC meeting, at a time TBD.

b. Artist Registry online now
City of Richmond Artist Database Form
The City of Richmond Artist Database Form is an opportunity for local artists from all media and genres available for art projects in Richmond to provide their information to the City. If you are a local artist, please fill out this form: City of Richmond Artist Database Form.

Ms. Day reported that staff had been working on the art inventory and there were quite a few Departments involved including members of the RACC and the PAAC. She described the

3 StoryMaps software which provided a virtual tour with different c ategories that needed to be classified to organize the information.

Commissioner Dyer clarified the action being asked of the RACC to vote on the categories with a limit on the number of items that could be placed on StoryMaps. She recommended breaking the number of items down to media types such as murals, sculptures, and other types of art, with the Civic Center to have its own category.

The RACC discussed whether or not to take action on the item with a recommendation to allow staff to have the authority to proceed rather than taking action on the specific categories; and Ms.

Day suggested such direction would be acceptable, allowed a starting point, and more information would be provided to the RACC at a future meeting.

Chair Wiley stated for the record that no vote was necessary. Staff was given approval to proceed on a common sense basis to separate the categories as described by Commissioner Dyer.

VI. Discussion Items

1. Establish Meeting NORMS, Conflict of Interest, Recusal Policies, Exit Zoom and Return

Ms. Day explained that the item was intended to provide a reminder when a Commissioner must recuse himself/herself from the discussion of an item during a Zoom meeting where he/she must step off the platform for that period of time and then return. Specific NORMS could be discussed at a future meeting.

Commissioner Mehas understood the NORMS had been spelled out in the Commission’s manual and that the entire City was ruled by Conflict of Interest regulations.

Chair Wiley confirmed the information in the Commission’s manual but noted that mistakes had been made in the past. As an example, two years ago, the RACC had approved a grant which had a clear conflict of interest but which had proceeded anyway. She suggested the item required no further discussion.

2. Project Budget Development for 2022 Fiscal Year – October Make a Wish List

Chair Wiley reported she had placed the item on the meeting agenda. For the October 28, 2021 meeting, she asked Commissioners to come prepared with any item desired in the budget as an expense item, such as the Make a Wish List that must be prepared as part of the City’s budget.

On the question of where to start, Chair Wiley suggested the Committee Reports could provide some clarification.

3. Committee Reports

Chair Wiley reported the Strategic Planning Committee had held a Strategic Planning Retreat with a discussion to institute, and in some cases re-institute, committees that were part of the RACC, recognizing the PAAC was its own entity as a committee given its structure and source of revenue.

The other committees were identified as the Ookwe Park Committee, with Commi ssioners Kirk, Dyer, Leighton, Beaulieu and Mehas; the Neighborhood Public Art Mini-Grant Ad Hoc Committee included Commissioner Kirk, Co -Chair Cohen and Chair Wiley; t he Poet Laureate Committee

4 included Co -Chair Cohen and Chair Wiley; and while the Fundra ising and Development Committee had no other volunteers, Chair Wiley had volunteered to sit and serve. If there was anything that those committees needed in terms of funds, they would be budget line items.

Chair Wiley asked those Commissioners not named to select a committee , meet between now and October 28, and prepare a written report on what they planned to do moving forward. The report did not have to include the budget items since that would be discussed separately at the October 28 meeting, but she wanted to know what the committee planned to do during the months of November and December 2021.

Commissioner Mehas recommended that the Chair check with legal about the Fundra ising and Development Committee.

Chair Wiley advised that while she had not spoken with the Legal Department, she had spoken with Deputy City Manager, Economic Development Shasa Curl , who had provided some guidance. As long as working within the established parameters there was no reason for legal to become involved. She had also received information about an arts fund grant program with funds from property taxes that the Contra Costa County Measure X Advisory Committee had recently approved, which might be an opportunity for the City of Richmond to pursue. In addition, the National Endowment for the Arts (NEA) had an American Rescue Plan Act (ARPA) Grant that could be considered along with the hope that the City of Richmond’s currently allocated $65,000 for the Neighborhood Public Art (NPA) Mini Grant program could be increased.

Commissioner Herriman expressed the willingness to serve on the Ookwe Park Committee.

Commissioner Dyer asked to switch from the Ookwe Park Committee to the Fundraising and Development Committee.

Commissioner Hayes reported she could not serve on another committee beyond the PAAC since she would be stepping down from the RACC and would be relocating to another city.

VII. Information / Report Items

1. NPA Mini Grant

Chair Wiley reminded everyone not to wait until the last minute to input scores even though they were electronic.

Commissioner Beaulieu found it was premature to do the scores when the RACC had not yet discussed the proposals.

Ms. Dyer clarified that the scores could be changed and nothing was final until the October 7 , 2021 RACC meeting.

Chair Wiley emphasized th at the votes were needed now. She urged Commissioners to input their scores to identify where they were with the NPA Mini Grants.

Ms. Day concurred with the Chair’s recommendation and asked that the scores not be left blank.

2. Poet Laureate Update

5 Co-Chair Cohen reported on a productive meeting with the Chair, Ms. Day and David Flores who was working diligently to schedule event s at CoBiz Richmond with Poet Laureates from San Francisco, Vallejo, Oakland, and El Cerrito. He explained that Mr. Flores had created a sample program outline and flyers and wanted to host smaller poetry event s on Zoom during the month of October.

Chair Wiley was excited for the City of Richmond to host the event and commented that no city had hosted the Bay Area Regi onal Poet Laureates and Richmond had pioneered this kind of programming.

3. Art for Peace Rotary Project Update

Commissioner Herriman did not have an update since not much ha d happened, although a Memorandum of Understanding (MOU) was being prepared to be reviewed by the project participants with a meeting scheduled for Friday, October 1 , 2021. After that meeting he would have something more concrete to report.

Chair Wiley stated all Commissioners had been provided a copy of the MOU and were invited to provide any comments to Ms. Day so that they could be forwarded as appropriate.

4. Art Project Update Report

Ms. Day explained that an Inventory Committee would be required given the number of participants a ttending inventory meetings , and as-built con struction drawings for the Senior Center Mural had been received, as requested, in order to provide a cost estimate.

5. Public Art Financial Report

Chair Wiley reported she had requested information on the City of Richmond’s procedure s to have requests from the PAAC approved, with information to be provided in the RACC packet on the City’s procurement processes. She asked Commissioners to keep the information on file as to the steps and timelines that could be adjusted.

Chair Wiley referenced how the R ACC in the past had worked under the Library Services Department, with a number of challenges involved and with little access to information or cooperation as compared to what the RACC currently enjoyed under the City Manager’s Office.

She found that more was being accomplished more smoothly under the current configuration and she thanked everyone for their patience during that transition.

Commissioner Dyer clarified the Public Art Financial Report involved funds that were primarily being collected through the one percent for art, and some of the projects were man aged by the RACC and some by others. S ome of the funds involved in-lieu funds but they still had to make plans to spend the funds As a member of the PAAC, she commented that it had to look almost a full year if not up to 18 months out on where it might want to be pulling out the money for public art in the City of Richmond for planned projects.

Chair Wiley cautioned that the City of Richmond had been impacted like every other community in the country in the last 18 months due to COVID -19. She did not want the RACC funds to be poached for lack of planning.

6 Commissioner Mehas suggested if projecting the needs for the next 12 to 18 months, the RACC also needed cooperation from the Planning Department to identify what projects were approximately 12 to 18 months out.

Chair Wiley suggested it was up to the PAAC to establis h a relationship with the Planning Department and if staff was not providing something requested by the PAAC she asked to be informed.

Ms. Day acknowledged the number of changes that had occurred over the last year with the City’s policies and procedures, the fact the Finance Division had to implement policies and procedures with the RACC that were actually in writing which they currently did not have. Staff would work with legal and the Finance Division over the course of the next couple of months to pre pare a chart similar to the procurement policies the Finance Division normally followed that could be created into a policy that was art specific.

Co-Chair Cohen asked whether or not there would be any time constraints for this fiscal y ear given that it may take up to 18 months for a project to occur. Familiar with how funds were utilized by the school district, it not used by the end of the fiscal year, funds could be restored to the General Fund. He asked if that was something the RACC should be concerned about.

Commissioner Dyer clarified the funds being discussed were not part of the General Fund and that the use of the funds were specified for certain expenditures. She suggested it would be very difficult to poach the funds unless there were maintenance issues.

Ms. Day clarified that General Fund items were items like the NPA Mini Grants , which was why there was a push to ensure that all invoices were in before the deadline , since there had been issues in the past with invoices coming in after the deadline when the funds had been shifted.

Chair Wiley understood that would not affect the one percent and noted the RACC meeting of October 7 would include not only the selection of the NPA Mini Grant awards but backups to ensure the use of the funds. She clarified her previous comments that she had included the one percent in the monies that could be poached but stated that was not the case.

VIII. Adjourn until October 7, 2021 (Special Meeting)

The meeting adjourned at 6:46 p.m. to a Special Meeting of the RACC immediately after the Regular Meeting to conduct NPA Mini Grant Interviews from 7:00 to 9:00 p.m. via Zoom.

1 Richmond Recreation & Parks Commission

MINUTES

Wednesday, November 3, 2021 6:00 PM

To view a video of this meeting click on this link:
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE

Meeting called to order by Chair Joey Smith at 6:11 P.M.

ROLL CALL

PRESENT: Joey Smith, Soheila Bana, Allison Blakeley, Brendan Havenar-Daughton, Maryn Hurlbut, Catalin Kaser, Pardip Saini, Eleanor Thompson

ABSENT: None

Vice Chair Brendan Havenar-Daughton requested that the Commission embrace a sincere acknowledgement that the City of Richmond was situated on land occupied for thousands of years by Huichin: Confederated Villages of Lisjan, Chochenyo Ohlone Territory, made up of the seven Tribes of Lisjan (Ohlone), Karkin (Ohlone), Bay Miwok, Plains Miwok, Wappo, Delta Yokut and Napian (Patwin) whose territory included Alameda, Contra Costa, Solano, Napa and San Joaquin counties. He invited everyone to contribute and explore a practice of acknowledgement to help lift up the needs, issues, and asks of indigenous community members and evolve in a way to stay relevant to the current struggle and goals of indigenous community members with a specific focus on exploring pathways to return indigenous lands to indigenous hands.

Chair Smith provided a brief overview of the meeting procedures and the Mission of the Recreation and Parks Commission.

AGENDA REVIEW

Motion by Commissioner Hurlbut to approve the agenda, as shown, seconded by Commissioner Kaser, and carried unanimously by a voice vote.

OPEN FORUM

Bruce Bayaert, Chair of Trails for Richmond Action Committee (TRAC), representing the Richmond Bicycle and Pedestrian Advisory Committee, presented graphics for new signs and their proposed placement along the Bay Trail urging those using the trail to be kind and promote harmony on the trail.

Cordell Hindler, Richmond, reported that the City Council had continued the presentation of the reorganization chart to its November 16, 2021 meeting.

2 ANNOUNCEMENTS THROUGH THE CHAIR

➢ Chair Smith advised that the Next Commission meeting would be held on Wednesday, December 1, 2021 via Zoom.

➢ The balance in the Commission Trust account was reported to be $413.08, with an additional $1,000 in the Trust for the RTA Snow Ball account.

➢ Commission membership remained the same with no changes at this point.

➢ Anyone wishing to speak during this meeting was encouraged to send an email to [email protected] by 12:00 P.M. the day of the meeting with the subject line “rec&parks commission speaker.” State your comments as “Open Forum” or “Staff Reports” as an example of the topic to be discussed.

AD HOC COMMITTEE STATEMENTS

Urban Green Canopy Committee (Brendan/Catalin/Maryn)
Vice Chair Havenar-Daughton reported that the Arbor Day event had been held last month.

Commissioner Kaser stated that 23 trees had been planted; City staff and representatives from Richmond non-profits had participated; the event had been well-attended; and the Forestry Advisory Committee had taught everyone how to plant trees.

Vice Chair Havenar-Daughton advised of the Committee’s interest in looking at an update to the Parks Master Plan with a specific focus on the Richmond Greenway.

Willie Mays Day (Maryn/Eleanor/Joey)
Willie Mays Field Committee (Maryn/Eleanor/Joey)
Commissioner Thompson reported that the process was ongoing for the naming of Nicholl Field Diamond #2 for Willie Mays, with a meeting, details yet to be determined, to be set up with Councilmember Bates, Mayor Butt, and Willie Brown. The naming was expected to take place next year on Willie May’s birthday.

Commissioner Hurlbut advised that she had the original documents related to the original request for the field naming that she would provide to staff for the record.

Dominique Roache-Green stated that the Mayor was happy to sponsor Willie Mays Day and it would be placed on the City Council agenda closer to the date. She confirmed that a baseball diamond could be named or renamed for someone still living.

Associate Commissioner Committee (Maryn/Allison/Joey)
Chair Smith advised that a whole curriculum had been developed and submitted for the Associate Commissioner Committee.

LaShonda White, Interim Library and Community Services Director, explained that she had been provided a number of documents related to the Associate Commissioner proposal, had reviewed those

3 documents, thanked the Commission for all its work. She said she understood the objective of the program was to allow youth an opportunity to participate in city governance and community service operations. She explained there was nothing to prohibit young people from serving on the Commission and from being a voting member, and understood through Ms. Roache-Green that the current age limit was 16 years of age. She emphasized that other bodies already existed that may meet the Commission’s objectives.

Chair Smith stated the process had been proposed prior to some of the youth organizations referenced by Ms. White. She clarified there had been no intent to restrict voting; there had been challenges with administrative support and there was a desire to identify the process of getting the work done.

For next steps, Ms. White explained that staff time was limited; she recommended ways to meet the objectives through existing programs with staff assistance for outreach and potential mentorship to interested youth.

On the discussion, it was clarified that since the proposal had yet to be submitted to the City Council, it could be modified. The City Attorney’s office would also have to approve the legality of the proposal prior to making recommendation to the City Council.

Chair Smith stated that the Associate Commissioner Committee would re-discuss the proposal.

CONSENT CALENDAR

APPROVE minutes of the October 6, 2021 meeting.

Motion by Vice Chair Havenar-Daughton to approve the minutes of the October 6, 2021 meeting, as submitted, seconded by Commissioner Saini, and carried by a voice vote with abstentions from Commissioners Blakeley and Hurlbut.

DEPARTMENT REPORTS FROM STAFF

Library & Community Services Department – an oral and visual report was provided by Ranjana Maharaj, Community Services Administrative Manager, who responded to comments from the Commission.

Public Works Department – an oral and visual report was provided by Greg Hardesty, Superintendent, Parks and Landscaping, who responded to comments from the Commission.

Bruce Bayaert referred to a comment about signs to warn of potential coyotes in parks and stated the East Bay Regional Park District (EBRPD) had a sign at the Dotson Family Marsh Trailhead to warn owners to keep their dogs on a leash because of coyotes, which sign could be used as a model.

PRESENTATIONS

There were no presentations.

DISCUSSIONS & ACTION ITEMS

4 Approve the Juneteenth Freedom Mural Project at the South 37th Underpass and Approve a request to rename the South 37th Underpass to Juneteenth Freedom Underpass – Stephanie Ny

Stephanie Ny, Community Services Department, presented the item on behalf of the Pullman Neighborhood Council to request approval of a proposed Juneteenth Freedom Mural Project and to rename the South 37th Street underpass to the Juneteenth Freedom Underpass. The mural project had already been approved by the Public Arts Advisory Commission (PAAC) and the Richmond Arts & Culture Commission (RACC). She presented photographs of the site, described the design process, noted the project had been expected to be completed by October but the timeline had been extended, and the mural would also honor Jerrold Hatchett, instrumental in the City of Richmond’s Juneteenth celebrations.

Michelle Milam, a member of the Juneteenth Committee; Jan Mignone, President of the Richmond Coordinating Neighborhood Council and the fiscal sponsor for the proposal; Madalyn Law, President of the Park Plaza Neighborhood Council; Jonas Juhlin, a member of the Pullman neighborhood committee; Naomi Williams, President of the Pullman Neighborhood Council; Clarita Griffin from the Pullman Neighborhood Council and a member of the Beautification Block Party and the Mural Committees spoke in favor of this item describing efforts put forward by Jerold Hatchett to keep Juneteenth alive, and to acknowledge Richmond’s rich history to Juneteenth. The speakers also suggested the shaded area and the opposite side of the underpass should also be addressed in the future.

Winifred Day, Arts and Culture Manager, stated the project had been approved by the PAAC in September for the concept design and no other parts of the project had been discussed.

Jerrold Hatchett was available to speak but could not connect with the Zoom meeting.

Motion by Commissioner Bana to approve the Juneteenth Freedom Mural Project at the South 37th Underpass and to approve a request to rename the south 37th Underpass to Juneteenth Freedom Underpass, seconded by Commissioner Kaser. Motion failed since the Commission had not received and reviewed a copy of the initial renaming documentation. Chair Smith expressed concern moving forward with that action and recommended moving forward with the mural. She said as soon as the documentation on the renaming was available for review, then the Commission could pursue the renaming portion of the proposal.

Motion by Commissioner Bana to approve the Juneteenth Freedom Mural Project at the South 37th Underpass, seconded by Commissioner Kaser, and carried unanimously by a voice vote.

The renaming portion of the request was moved to the December meeting.

Receive an update regarding the City’s Parks Master Plan – Staff

Ms. Maharaj noted that Mr. Hardesty was no longer at the meeting to report on the item, although she was aware that funding would be needed to hire Marcia Vallier as the landscape architect to conduct the Master Plan upgrade, which involved a lot of community input.

Vice Chair Havenar-Daughton referred to the goals associated with the Master Plan and asked for an

5 update on the progress that had been made with those goals in the last ten years.

Commissioner Kaser recommended that items associated with City staff be clustered together early on each agenda to be more respectful of staff time.

The agenda was taken out of order at this time.

Create a Kiosk concept paper for a “Walk of Honor” to be installed as part of the Yellow Brick Road Commissioner Hurlbut provided a detailed background to the request to honor people with a walk of honor. She explained that because the Yellow Brick Road project had received approval and funding in the millions, Toody Maher had been contacted because she had been thinking of the same kind of honor. A concept paper had been proposed and the Recreation & Parks Commission had supported pursuit of an honors project.

Winifred Day, Arts & Culture Manager, sought more information prior to submittal to the PAAC and the RACC. She suggested that a member of the Recreation & Parks Commission attend those meetings to make a presentation when ready to do so.

Cordell Hindler, Richmond, liked the idea of a Kiosk and invited Commissioners to the Neighborhood Coordinating Council where a walk of honor had previously been discussed.

Commissioner Hurlbut clarified that no concept paper had been developed at this point and she recommended the designation of a Kiosk Committee to finalize the concept and explain the history of a potential walk of honor.

Chair Smith verified the formation of a Kiosk Committee, to be comprised of Commissioners Hurlbut, Thompson and Chair Smith.

Receive an update on the Statement of Policy and Guidelines for Naming or Re-naming of Parks, Facilities and Streets – Ranjana Maharaj

Ms. Maharaj presented the Statement of Policy and Guidelines for Naming or Re-naming of Parks, Facilities and Streets document.

Commissioner Hurlbut commented that the document being presented was not the latest that had been developed.

Ms. Maharaj described the changes that had been proposed and stated that once the document had been approved by the Recreation & Parks Commission it would go to the City Council. She said the changes will be incorporated with the most up to date version of the document and resubmitted for Commission review.

Update on Park Signage to include the following information – Greg Hardesty

Ordinance regarding dog leash and waste pick up by park users Posting multilingual signage (English/Spanish)
Signage regarding illegal dumping

6 Signage with QR Codes

Mr. Hardesty was not available but he had earlier advised that he had ordered park signage.

Coordinate open conversation on how the city can support the native stewardship of Ookwe Park

Recreation and Parks Commission
Sogorea Te’ Land Trust
Arts and Culture Commission
Planning Commission

Vice Chair Havenar-Daughton explained that Ookwe Park was under the stewardship of the Sogorea Te’ Land Trust and community. He recommended a conversation with the entities listed as to how to support the native stewardship of the park lands with the intent of exploring ceding the land to the Sogorea Te’ Land Trust or other indigenous entity.

Ms. Day described what the Sogorea Te’ Land Trust was currently doing as part of Adopt a Park to maintain Ookwe Park along with the City’s maintenance efforts, and the RACC’s plans to finish the directional and didactic signage along with a plan to pursue some educational activities - a partnership that had been working well. She also noted that public schools were using the park as a field trip location.

Vice Chair Havenar-Daughton clarified that the Sogorea Te’ Land Trust had not made the request but he recognized a strong movement to return land to indigenous communities and described this proposal as a first step.

Update on Commissioners Term Appointments – Ranjana Maharaj

Ms. Maharaj advised that term appointments had been corrected for Chair Smith and Commissioners Hurlbut and Thompson at the October 19, 2021, City Council meeting.

Cordell Hindler, noted that there were two vacancies and he had two folks in mind to fill those vacancies. Chair Smith verified that the names offered by Mr. Hindler had yet to submit applications to the City Clerk.

COMMISSIONER LIAISON REPORTS

The Commission discussed the process for submitting Commissioner Liaison Reports and Comment and some Commissioners read their reports.

COMMISSIONER COMMENTS

There were no other Commission comments.

AGENDA SETTING FOR NEXT MEETING

1. Request to rename the South 37th Underpass to Juneteenth Freedom Underpass; Commissioner

7 Hurlbut would provide color coding for the naming document to Ms. Maharaj.

2. A Kiosk Committee meeting would be scheduled to develop a concept presentation to be taken to the RACC

3. The status of potential traffic bumps outside Cheese Park would be clarified

4. Open discussion on the item related to supporting indigenous stewardship at Ookwe Park.

ADJOURNMENT

The meeting adjourned at 9:44 P.M.

Respectfully Submitted,
Anita L. Tucci-Smith
Minutes Clerk

1 Richmond Recreation & Parks Commission

MINUTES

Wednesday, December 1, 2021 6:00 PM

To view a video of this meeting click on this link:
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE

Meeting called to order by Chair Joey Smith at 6:02 P.M.

ROLL CALL

PRESENT: Joey Smith, Soheila Bana ,* Brendan Havenar-Daughton, Maryn Hurlbut, Catalin Kaser, Aaron Rowden, Pardip Saini, and Eleanor Thompson
*Arrived after Roll Call

ABSENT: Allison Blakeley

Vice Chair Brendan Havenar -Daughton requested that the Commission embrace a sincere acknowledgement that the City of Richmond was situated on land occupied by the Huichin: Confederated Villages of Lisjan, Chochenyo Ohlone Territory, made up of the seven Tribes of Lisjan (Ohlone), Karkin (Ohlone), Bay Miwok, Plains Miwok, Wappo, Delta Yokut and Napian (Patwin) whose territory included Alameda, Contra Costa, Solano, Napa and San Joaquin counties. He advised that he personally had contributed to the Shu’umi Land Tax as a relatively low cost way to support the native community members in their work.

Chair Smith provided a brief overview of the meeting procedures and the Mission of the Recreation and Parks Commission.

AGENDA REVIEW

Motion by Commissioner Hurlbut to approve the agenda, as shown, seconded by Vice Chair Havenar- Daughton, and carried by a voice vote, with an abstention by Commissioner Rowden.

OPEN FORUM

Gary Hurlbut, President of the Richmond Tennis Association (RTA), reported that youth and adults had been able to get back on the tennis courts with folks from the Recreation Division and volunteers from RTA for the full month of July at MLK Park , and two women ’s team s that had won the East Bay Championship had participated in sectionals in Sacramento.

Cordell Hindler, Richmond, reported that Home for the Holidays would be performed at the Contra Costa Civic Theater on December 3 and 5 at 7:30 P.M. He also reported that there would be some new deputy directors in Richmond as a result of the passage of the City’s Reorganization Chart.

Jan Mignone advised that the baseball portion of Wendell Park was being used for undesirable activities.

As a result, she requested that the opening at 26th Street be gated. She added that she had been working

2 to get more lights in the park to help address the issue.

ANNOUNCEMENTS THROUGH THE CHAIR

1. Chair Smith advised that the Next Commission meeting would be held on the second Wednesday of January, January 12, 2022 via Zoom.

2. The balance in the Commission Trust account was reported to be $413.08, with an additional $1,000 in the Trust for the RTA Snow Ball account.

3. Chair Smith welcomed new Commissioner Aaron Rowden to the Recreation & Parks Commission.

4. Anyone wishing to speak during this meeting was encouraged to send an email to [email protected] by 12 :00 P.M. the day of the meeting with the subject line “rec&parks commission speaker.” State your comments as “Open Forum” or “Staff Reports” as an example of the topic to be discussed.

CONSENT CALENDAR

Approve Minutes of the November 3, 2021 Meeting

Motion by Commissioner Kaser to approve the minutes of the November 3, 2021 meeting, as submitted, seconded by Commissioner Hurlbut, and carried by a voice vote with an abstention from Commissioner Rowden.

DEPARTMENT REPORTS FOR INFORMATION

Public Works Department Reports:

Jose Urquilla, Superintendent, Facilities and Greg Hardesty, Superintendent, Parks & Landscaping provided oral and visual reports and responded to comments from the Commission, including the status of the signage previously approved by the Commission.

Community Services Department:

Ranjana Maharaj, CSD Administrative Manager , provided oral and visual reports and responded to comments from the Commission.

PRESENTATIONS

Update on Pickleball Program – Darlene Drapkin

Darlene Rios Drapkin, USA Pickleball Association Ambassador, East Bay Pickleball Association noted that the Commission had voted in June 2021 to allow the conception of a Pickleball Program. She pointed out the multi-purposing that had been made to the two existing tennis co urts at Booker T. Anderson, Jr.

Park for six temporary pickleball courts. She referred to court fees paid to the City and requested that the City consider waiving those fees. She noted that a theft of temporary equipment in November had crippled the program.

Ms. Drapkin explained that there were few pickleball courts in Richmond. She proposed a solution to meet the existing demand for pickleball in Richmond was to place two pickleball courts using the existing lines to allow two dedicated courts. She requested that the Commission repurpose one tennis court in the park so that two permanent pickleball courts could be installed at no cost to the City.

3 Gary Hurlbut, Richmond, stated that while he was a pickleball supporter , the loss of one tennis court would leave only one court for tennis at the park. He explained that the tennis courts at the park had been utilized by Richmond youth programs, with 230 youth on the courts in 2019.

Shoshana Grammer, Richmond, a pickleball player, noted that 1,300 people had come out in the last few months to play pickleball and there were options to consider, which could include building new pickleball courts.

Michelle Temple, Richmond, stated that pickleball had come to Richmond with a smash in August and since then hundreds of players had come in and the sport had united people of all ages in a healthy activity.

Ahmad Anderson, a Richmond Economic Development Commissioner and son of Booker T. Anderson, stated the issue was about inclusiveness and a way to join both tennis and pickleball together. He advised that pickleball had increased participation, inclusion and engagement. He appealed to the Commission to help move the program forward.

Cheryl Maier, with Richmond Friends of Recreation, a non-profit agency helping the City by stewarding special funds for parks and recre ation at the request of the City, emphasized the need for some compromise.

Debra Bernhardt, echoed the comments of others and noted that all the tennis courts at Indian Wells would be temporarily converted to pickleball courts for the Nationals , where 2,800 pickleball players would participate from children to 90 -year olds, disabled and others . She emphasized that pickleball would be a good addition to the community.

Eduardo Martinez, a member of the Richmond City Council , noted that while he had initially been skeptical about pickleball, he had seen what a great community building vehicle it was. He stated a lock box would not be a solution and there was a need to create a situation to help pickleball grow and be established in the City of Richmond.

Phillip Moss, Richmond, stated the permanent pickleball courts would give everyone the opportunity to play pickleball in a walk -on, play and leave situation. He requested the support for the two pickleball courts given the informal, inexpensive effort involved.

Commissioner Hurlbut pointed out that the Nystrom area was a very large unused area that would be a perfect permanent location for pickleball courts where there could be six courts instead of two. She objected to having to remove lines that had already been paid for to convert the courts from tennis to pickleball.

Ms. Drapkin clarified that the two courts would be placed on the existing lines and while she supported use of the Nystrom area, she explained that would be a long-term and not a short-term solution and would involve a lot of investment.

Commissioner Saini asked if the proposal would interrupt those who wanted to play tennis.

Tetteh Kisseh, Recreation Program Coordinator, clarified that for the proposal to be approved it would first require approval from the neighborhood council and the Recreation & Parks Commission. He noted that both programs had equal power and if approved there would be pickleball on one side and tennis on the other evenly distributed. In response to Commissioner Bana as to whether pickleball could be considered in the El Sobrante Valley area or at De Anza High School, he stated that the City had been

4 exploring other possibilities of expansion in Richmond.

Ms. Temple spoke to the popularity of pic kleball throughout the Bay Area. She urged the Commission to offer some permanent solutions to the situation where over $2,000 had been lost in the theft.

Mr. Anderson commented that while the pickleball organizers had contacted the West Contra Costa Unified School District (WCCUSD) w ith respect to the use of the tennis courts on school properties, there were issues with respect to WCCUSD control and insurance that had made the use of those courts difficult if not impossible.

Mr. Martinez confirmed that it would be unwieldly to do anything with the WCCUSD unless it was with respect to tournaments or something special.

Ms. Drapkin reported that Don Low , former Executive Director of the YMCA in Richmond, had submitted a comment on Chat to request a permanent pickleball course in Richmond.

Ms. Bernhardt pointed out that the money being collected for pickleball was being submitted to the City of Richmond.

Ms. Drapkin requested that the comments submitted to the City be shared with the pickleball organization.

Master Fee Schedule – Hope Lattell

Hope Lattell, Senior Accountant, presented updates to the Recreation & Parks Department portion of the Master Fee Schedule and stated this year the updates were fairly minimal. She identified the changes requested, the fee updates that were all fairly minimal, an d pointed out the fees involved to make the department more self-sufficient.

Vice Chair Havenar-Daughton commented that some of the fees appeared to be low, such as alcohol sales at the convention center. He asked about the criteria used to determine the relative increase and requested a report on the amount of revenue generated for each of the line items.

Ms. Lattell stated that information could be provided. She added that the idea was to slowly present an incremental increase to get close to being self-sufficient.

Commissioner Kaser requested that the slides be presented to the Commission ahead of time given that the Zoom presentation was too small to read. She noted the difference between raising revenue and covering costs, and with respect to the policing of even ts, she wanted to make sure that Richmond residents could still get together for a protest, ceremonies, or block parties, among others.

Ms. Lattell noted the delicate balance of making a little bit of money to help offset the free programming to allow the City to continue to provide the programs. She had done cost recovery calculations on every program offered and was very mindful of the impact to residents.

Commissioner Saini wanted to be able to utilize the Richmond Auditorium more efficiently and a sked about the occupancy of the auditorium.

A discussion developed on the protocols involved in the renting of the auditorium to ensure the safety,

5 security and maintenance of the facility.

In response to Commissioner Bana, Ms. Lattell detailed the fees that depended on the size of demonstrations, and the fees related to administrative work related to coordinating the events.

AD HOC COMMITTEE STATEMENTS

Urban Green Canopy Committee (Brendan/Catalin/Maryn)
Vice Chair Havenar-Daughton reported that the committee had met last week and had recommended a renaming to the Sustainability and Climate Responsiveness Committee to engage with and support the work to develop the Richmond Greenway in connection with the interest in offering an update to the Parks Master Plan. The Committee had been discussing ways to engage and support local community - based organizations doing work on the Greenway and interfacing with City staff with respect to the development of the Greenway. The Committee was also focused on tree planting, supporting the green canopy, and the best way to go about tree planting.

Willie Mays’ Day (Maryn/Eleanor/Joey)
Willie Mays Field Committee (Maryn/Eleanor/Joey)
Kiosk Concept Paper for a “Walk of Honor” Committee (Maryn/Eleanor/Joey) Commissioner Hurlbut referred first to the draft Kiosk Concept Paper for a “Walk of Honor” and stated the committee would meet to review the paper before making a presentation to the Commission. With respect to Willie Mays Day, she described the meeting with Willie Brown and Nat Bates in San Francisco to discuss a kick-off to get input from Willie Mays on what he would like the day to be. A concept paper had been written about Willie Mays Day for a life tribute for his many contributions on or around his birthday on May 6, 2022. She presented a list of those expected to participate in the event being called “Hands Across the Bay” to make it more of a national event , to include a wide range of participants including Charles Cavenes who had initially recommended the event.

Commissioner Hurlbut asked that a copy of all the screens just presented be submitted to the rest of the Commission for review. She reported that meetings would be set up in the next two weeks for both the Kiosk Concept and Willie Mays Day and how the kiosk might be incorporated as t he first kiosk prototype.

Associate Commissioner Committee (Maryn/Allison/Joey)

Commissioner Hurlbut stated that she had tried to reach out to the Mayor’s and City Manager’s office s to invite both to the next naming committee meeting to ask about the status of an approved concept that was supposed to have been submitted to the City Council.

Vice Chair Havenar-Daughton reported that LaShonda White had reached out to him about Y-PLAN, and she had expressed a w illingness to meet with anyone interested in that program . H e would meet with her to explore how the goals associated with the Associate Commissioner could blend with Y- PLAN.

Statement of Policy and Guidelines for Naming or Re-naming of Parks, Facilities and Streets

There was no discussion.

6 DISCUSSIONS & ACTION ITEMS

a. Approve a request to rename the South 37 th Underpass to Juneteenth Freedom Underpass – Stephanie Ny

Chair Smith verified that Commissioners had reviewed the documentation involved and there were no questions with respect to those documents.

Motion by Commissioner Kaser to rename the South 37 th Street Underpass to Juneteenth Freedom Underpass, seconded by Commissioner Bana, and carried unanimously by a voice vote.

b. Coordinate an open conversation on how the city can support the native stewardship of Ookwe Park

i. Recreation and Parks Commission
ii. Sogorea Te’ Land Trust
iii. Arts and Culture Commission
iv. Planning Commission

Vice Chair Havenar-Daughton reported that he had touched base with the Sogorea Te’ Land Trust, which was interested in having a conversation . Given all those involved , he stated it made sense to defer the conversation to the third or fourth week in Januar y 2022 t o coordinate all those interested . Another update would be provided in January.

COMMISSIONER LIAISON REPORTS

There were no reports.

COMMISSIONER COMMENTS

Ms. Maharaj shared with the Commission that the Recreation Division has a token of appreciation which needed to be individually picked up by Commissioners. She said during non-COVID times, the Division would generally host a reception for the Commission. Commissioners were asked to coordinate the pick up of the token with Christine George, the Executive Secretary.

Commissioner Saini verified with the Chair that the final meeting of his Commission term after nine years would be the January 12, 2022 meeting.

Chair Smith advised that an event in Commissioner Saini’s honor would be scheduled in the near future.

AGENDA SETTING FOR NEXT MEETING AND FUTURE TOPICS

There was no discussion.

ADJOURNMENT

The meeting adjourned at 8:51 P.M.

Respectfully Submitted,
Anita L. Tucci-Smith
Minutes Clerk

February 15, 2022

Library and Community Services

DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

LaShonda White, Interim Library and Community
Services Director

Subject:

Contract with HR&A Advisors, Inc. to support American
Rescue Plan Act Community Needs Assessment and
Strategic Investment Plan Development
FINANCIAL IMPACT: The City Council approved $250,000 for this work as part of the FY 2021-2022 ARPA allocation (13654051 400201
AR236). This project will carry into FY 2022-2023 and
therefore, staff plans to budget any unexpended funds
from FY 2021-2022 for this project to the FY 2022-2023
budget.

PREVIOUS COUNCIL
ACTION:

May 18, 2021, June 23, 3021, June 29, 2021

STATEMENT OF THE
ISSUE:

A community needs assessment and Strategic
Investment Plan will help City Council determine how to spend the City’s remaining American Rescue Plan Act
(ARPA) allocation on behalf of the Richmond community.

RECOMMENDED ACTION:

APPROVE a contract with HR&A Advisors, Inc. to
conduct a community needs assessment and develop
and implement a strategic investment plan to provide
guidance on spending the City’s remaining American
Rescue Plan Act (ARPA) allocation, for a total amount
not to exceed $250,000, with a term from February 16,
2022, to June 30, 2023 – Library and Community
Services (LaShonda White 510-620-6512).

AGENDA
REPORT

February 15, 2022
DISCUSSION:

As part of the $1.9 trillion American Rescue Plan Act (ARPA) relief package, the City of Richmond’s allocation is currently set at $27.7 million. As part of the Fiscal Year (FY) 2021-2022 budget, the Richmond City Council approved an allocation of $10.55 million in ARPA funds for various projects, including funding to conduct a Community Needs Assessment (CNA) and develop a Strategic Investment Plan (SIP) for informing City Council’s decision for how to allocate the remaining $17.15 million in ARPA funds. All funds must be obligated by the end of 2024 and spent by the end of 2026.

There are significant requirements, guidance, and limitations on uses of ARPA funds.

Richmond has discretion to use the award funds in ways that best suit the needs of our community, as long as each use fits into one of the following statutory categories and aligns with ARPA regulations:

 To respond to the COVID-19 public health emergency or its negative economic impacts;
 To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work;
 For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID–19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and
 To make necessary investments in water, sewer, or broadband infrastructure.

Additional information regarding ARPA can be found at:
http://www.ci.richmond.ca.us/4095/American-Rescue-Plan-Act.

Request for Proposals (RFP) Process and Review

The RFP was released on October 22, 2021, with a submittal deadline of November 16, 2021 (Attachment 1). The RFP was posted on the City’s BidsOnline system for competitive bidding, in which 1,387 vendors were notified (Attachment 2). The City sought proposals from highly qualified firms to:

(1) Conduct comprehensive Community Engagement and develop a Community Needs Assessment (CNA) that will evaluate current assets and determine community needs/gaps in services or programs that can benefit the Richmond community through the use of ARPA funds. The CNA must incorporate a robust community engagement process and use effective engagement techniques that will reach Richmond’s diverse populations, and

(2) Develop a Strategic Investment Plan (Plan) that includes a proposed decision-making structure and metrics and is based on the results from the CNA

February 15, 2022
report, ARPA eligible uses, use of an equity framework, and ability to leverage internal and external funds. This Plan will include strategic funding recommendations that are in alignment with ARPA regulations.

Four (4) proposals were received by the deadline, with three (3) deemed as responsive.

The review committee, consisting of City staff from Internal Services, Community Services, Department of Children and Youth, and Community Development, reviewed and scored the responsive proposals utilizing the criteria outlined in the RFP (Attachment 3). Based on total scores, staff recommends entering into a contract with HR&A to conduct a community needs assessment and development of a strategic investment plan (Attachment 4). HR&A was selected because they have an experienced team, the proposal aligned with the RFP requirements, staff have performed similar work in similar communities, they have successfully worked with and have an understanding of the Richmond community, and the reviewers felt that their proposal best met the needs of the community. The proposed contract includes the scope of work, preliminary timeline, and budget.

Cost and Timeline

The contract is for $220,485, with a 10 percent project contingency ($22,000) and $3,000 for translation and graphic design expenses (billed at cost), for a total not to exceed amount of $245,485. The community engagement process will begin in March 2022, with plans for updates to City Council throughout the process.

DOCUMENTS ATTACHED:

Attachment 1 - ARPA CNA Request for Proposals
Attachment 2 - Bid Package
Attachment 3 - Scoring Matrix
Attachment 4 - HR&A Contract

Request for Proposals

for

CONSULTING SERVICES TO CONDUCT A COMMUNITY NEEDS ASSESSMENT AND

DEVELOP A STRATEGIC INVESTMENT PLAN IN CONJUNCTION WITH THE AMERICAN

RESCUE PLAN ACT FUNDS

For the
City of Richmond, City Manager’s Office

Release Date:

Friday, October 22, 2021

Closing Date and Time:

Monday, November 15th, 2021 at 12:00 PM

Contact:

LaShonda White, Interim Library and Community Services Department [email protected]
510.620.6828

Submittal Location:

BidsOnline - Electronic Proposals Only Via the City’s Secured Online Bidding System

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Contents
Introduction ............................................................................................................................ 3 City of Richmond Background ............................................................................................... 4 Scope of Services .................................................................................................................. 5 Community Engagement .................................................................................................... 5 Community Needs Assessment ......................................................................................... 6 Strategic Investment Plan (Plan) ........................................................................................ 7 Qualifications of Applicants .................................................................................................... 8 Consultant Responsiveness .................................................................................................. 9 RFP Schedule ........................................................................................................................ 9 Proposal Format Guidelines .................................................................................................. 9 Proposal Elements and Format Requirements .................................................................... 10

1.  Transmittal Letter ................................................................................................... 10

2.  Implementation and Methodology ......................................................................... 10

3.  Timeline of project ................................................................................................. 11

4.  Proposed Budget & Costs ..................................................................................... 11

5.  Experience and References .................................................................................. 12

6.  Value Added Services ........................................................................................... 12

8.  Exceptions to this Request for Proposal ................................................................ 13 Questions and Correspondence Concerning RFP ............................................................... 13 Utilizing the City’s BidsOnline System .......................................................................... 13 Questions & Answers ................................................................................................... 13 Addendums .................................................................................................................. 13 Submittal Instructions - Process for Submitting Proposals .................................................. 13 Evaluation ............................................................................................................................ 14 Pre-Award Negotiations ................................................................................................... 15 Award ............................................................................................................................... 16 General City Requirements .................................................................................................. 16

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Introduction

Through the passage of House of Representative Bill 1319, also known as the American Rescue Plan Act (ARPA), state, tribal and local governments are expected to receive much needed assistance to help offset the negative impacts of COVID-19. As part of the $1.9 trillion ARPA relief package, the City of Richmond is currently situated to receive $27.7 million, with the first installment received in August 2021, and the final installment expected one year later in 2022. As part of the Fiscal Year (FY) 2021-22 annual budget process, the Richmond City Council approved an allocation of $8.55 million in ARPA funds for various projects, including funding conduct a Community Needs Assessment (CNA) for informing City Council’s decision for how to allocate the remaining ARPA relief funding of $19.15 million. All funds have to be allocated by the end of 2024 and spent by the end of 2026.

There are significant requirements, guidance, and limitations on uses of ARPA funds. Richmond has discretion to use the award funds in ways that best suit the needs of our community, as long as each use fits into one of the following statutory categories:
 To respond to the COVID-19 public health emergency or its nega tive economic impacts;  To respond to workers performing essential work during the COV ID-19 public health emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work;
 For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID–19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and  To make necessary investments in water, sewer, or broadband in frastructure

The City of Richmond is requesting proposals from qualified firms to support the City Manager’s Office (Department) in the development of (1) a CNA informed by extensive community outreach to residents, business owners, community partners, and other stakeholders, and (2) a Strategic Investment Plan to help guide City Council’s decision for allocating remaining ARPA allocations. This work will be centered on a robust and authentic community engagement process.

Given the scale of revenue and its potential to bring forth a more equitable recovery for Richmond residents and businesses, the City of Richmond wants to hear from the Richmond community (elected officials, City staff, residents, businesses, CBOs, faith community, etc.) to ensure that the funds are spent in a way that best meets the current and future needs of the community. This work must focus on public input, equity, transparency and accountability.

This Request for Proposal (RFP) describes the project, required scope of services, consultant selection process, minimum information that must be included in the proposal, and submittal processes. By responding to this RFP, the consultant agrees to read and understand all information contained within this entire proposal package.

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The words “organization”, “consultant”, “respondent”, “offeror” and “proposer” are used interchangeably throughout this Request for Proposals (RFP) to refer to the organization, firm, institution, team, or partnership that would act as the City’s consultant throughout the development of the plans detailed above.

City of Richmond Background

The City of Richmond is a charter city located in Contra Costa County, part of the San Francisco Bay Area with a population of 110,175 residents. Richmond is one of the region’s most diverse communities. The four largest demographic groups are Hispanic or Latino (39.7%), Asian (19.7%), non-Hispanic or Latino Caucasians (19.2%), and Black and African-American (16.1%).

Richmond is home to a multi-modal transit hub that includes BART and Amtrak, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up-and-coming communities in California. The total adopted City budget for FY 2021-22 is $362.8 million (revenue), of which $188.5 million (revenue) comprises the General Fund.

The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of streets and infrastructure; library services; storm water and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. Richmond is home to the Rosie the Riveter/World War II Home Front National Historical Park, 36 miles of the San Francisco Bay Bicycle and Pedestrian Trail, and the 23-acre Point Isabel Regional Shoreline Park.

The City has shown leadership in addressing equity and sustainability by adopting a Health in All Policies (HiAP) Ordinance and Strategy, Climate Action Plan (CAP), and Economic Development Action Plan (EDAP), as well as focused work surrounding Race, Equity and Inclusion. The City of Richmond also launched its Open Data and Performance Reporting System, Transparent Richmond (www.transparentrichmond.org). This platform allows members of the public and city staff members to access important data about the city including Major Developments, Open Finance, Capital Projects, and more.

COVID-19 Impacts

Richmond’s diverse working-class residents have suffered greatly due to COVID-19 in terms of displacement, health impacts, and financial instability. The pandemic has exasperated existing racial, workforce, and economic disparities in Richmond.

Data from the California Employment Development Department illustrates the negative impact the COVID-19 pandemic has had and continues to have on the City of Richmond’s workforce.

COVID-19 caused a surge in unemployment in Richmond with a peak of 3,412 weekly unemployment claims in late March 2020. Since then, weekly unemployment claims have significantly decreased and stayed below 500 per week. Job losses due to COVID-19 did not

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impact all Richmond residents equally, and low-income workers living in Richmond were disproportionately impacted. Richmond’s recovery has been slower than both the Contra Costa County and statewide unemployment. Furthermore, the unemployment rate is being exacerbated by the COVID-19 pandemic as the unemployment rate in Richmond which has not exceeded 4.5 percent since August 2017.

The COVID-19 public health emergency will have lasting negative effects on economic outcomes, particularly in exacerbating inequities that existed prior to the pandemic. Given the disproportionate impact of COVID-19 on low-income households, there is a risk that the current pandemic-induced recession could further increase concentrated poverty and cause long-term damage to economic prospects in neighborhoods of concentrated poverty. The City of Richmond wants to ensure that long-term and equitable decisions guide the way out of the pandemic, beyond immediate relief, and into an equitable recovery.

Scope of Services

The City is currently seeking proposals from highly qualified firms to:
(1) Conduct comprehensive Community Engagement and develop a Community Needs Assessment (CNA) that will evaluate current assets and determine community needs/gaps in services or programs that can benefit the Richmond community through the use of ARPA funds. The CNA must incorporate a robust community engagement process and use effective engagement techniques that will reach Richmond’s diverse populations, and

(2) Develop a Strategic Investment Plan (Plan) that includes a proposed decision- making structure and metrics and is based on the results from the CNA report, ARPA eligible uses, use of an equity framework, and ability to leverage internal and external funds. This Plan will include strategic funding recommendations to help guide Richmond City Council’s decision for allocating approximately $18 million in remaining ARPA funds that is in alignment with ARPA regulations.

The following is a preliminary scope of work to be utilized when submitting a response and is not meant to be prescriptive. Respondents are encouraged to include any other items relevant to the stated objective of this RFP for the City’s consideration. It is expected that the firm or individual will have experience with public sector projects of similar nature and scope.

Community Engagement

Community engagement is essential to the development of the CNA and the Plan. Information collected from our community should directly inform reports and recommendations presented to the community and City Council. The consultant will be responsible for conducting the following engagement activities:
 Managing, facilitating, and collaborating with diverse groups of stakeholders (i.e., elected officials, city staff, residents, community-based organizations, youth, small and large

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businesses, faith-based community, etc.) across race and ethnicity, language, socio- economic status, sexual orientation, gender presentation, age, etc.  Utilizing various modern engagement practices and tools that; (1) yield high levels of participation, (2) produce accurate data that speaks accurately to public opinion, and (3) aim to mitigate barriers for participation (language, literacy abilities, childcare, physical accommodations, etc.).
 Conducting a minimum of three (3) city-wide engagement session s.  Communicating back to the public and disseminate learnings aft er community engagement activities.
 Transcribing all data and taking detailed notes gathered from meetings to provide to the Project Manager within five (5) business days of each meeting in a format that may be easily uploaded to the City’s website.
 Designing and conducting robust methodologies for providing no tice of engagement sessions a minimum of 14 calendar days before each meeting, unless a valid exception is requested to publicize in less time.
 Providing translation for City meetings and outreach materials .  Providing project information for a project website to be host ed by the City.  Providing multilingual outreach material to the City for publi cation on the City’s website, social media channels, as well as in key City facilities.

Community Needs Assessment

Per ARPA Interim rules, Treasury includes language stating that governments may use ARPA funds to engage in planning and analysis in order to improve programs addressing the COVID- 19 pandemic, through use of targeted consumer outreach, improvements to data or technology infrastructure, impact evaluations, and data analysis (https://www.govinfo.gov/content/pkg/FR- 2021-05-17/pdf/2021-10283.pdf). The Interim Rules also mention the desire for jurisdictions to use ARPA funds to provide equity-focused services and serve the hardest-hit communities and families.

The selected firm will need to develop a CNA that will evaluate current assets and determine community needs/gaps in services or programs that can be provided to Richmond residents through the use of ARPA funds. The CNA will be based on, but not limited to input on; (a) how to spend ARPA funds, (b) understanding community needs and assets, and (c) understanding needs based on the hardest hit/most impacted communities. Community engagement is essential to the development of the Community Needs Assessment and Strategic Investment Plan. The City collected preliminary ARPA input in April 2021, and other assessments, reports, surveys, etc. have been conducted which might help to inform this work.

Information collected through this CNA will increase the City’s understanding of the types of challenges faced by Richmond residents as a result of COVID-19 (i.e. the impact of the end of federal unemployment benefits, the exacerbated housing crises, and other challenges that are unique to the current moment). The CNA will also provide opportunities for supporting the community’s voice, highlight the types of services needed, and ensure our recovery assistance

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is designed to best meet the needs of our community. Additional information pertaining to the City and ARPA may be found on the City’s website at
https://www.ci.richmond.ca.us/4095/American-Rescue-Plan-Act. Information generated as a result of the CNA may also be used to guide and/or inform other Council priorities and City work.

The consultant will be responsible for the following:
 Identifying a framework(s) for the Community Needs Assessment in consultation with Department staff members and utilize existing information, data, community feedback, and other efforts to-date to hone in and tailor additional efforts.  Delivering a final written report and presentation of results. At a minimum, the final report should include the framework and methodology used; the tabulation of all contacts made as part of the engagement sessions; and analysis of key findings. Information should be analyzed and synthesized into relevant sub-groups.
 Presenting findings in a narrative and visually appealing form at that is accessible and digestible by a variety of stakeholders and community members.  Providing information and data for inclusion on the City’s Tra nsparent Richmond website  Attending up to two (2) City Council meetings to present key s urvey findings and address questions concerning the findings.

CNA Main Deliverables
 CNA Report - Administrative Draft
 CNA Report - Public Draft
 CNA Report - Final
 Other deliverables as deemed appropriate and recommended by th e consultant

Strategic Investment Plan (Plan)

The Plan will help guide City Council by identifying potential strategies and funding allocations for ARPA-eligible projects. The Plan should describe specific program initiatives that address the needs and gaps relative to each identified strategy, including priority population(s), and how each initiative is aligned to long-term positive outcomes for the community. The Plan should include a proposed decision-making process to help guide City Council’s decision on spending remaining ARPA allocations.

The Plan should be explicit in its intended impact and intention in alignment with the leading initiatives currently underway in Richmond and Contra Costa County including the intended purpose, goals, and outcomes of the ARPA funding. The lead consultant will present on the development of the plan and final product to the community and the Richmond City Council. The Plan will be made available for public comment prior to finalization.

The Plan will clearly recommend projects that meet the objectives of ARPA, align with the community needs assessment findings, are centered within an equity framework, have a goal to help achieve an equitable recovery from COVID-19, and can be feasibly implemented within the ARPA-required timeline. In collaboration with Department staff, the goal is to provide a Plan to

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Council which includes a list of recommended strategies, programs, projects that they can choose to implement with the available ARPA funds and that will have the greatest impact for the community. It is possible that some recommendations may not be implemented using ARPA funds but may be helpful to staff and Council for other projects with respect to future annual and CIP budget processes.

The consultant will be responsible for the following activities:
 Drafting a Plan that defines goals, expected outcomes, perform ance objectives, performance measures, and funding allocations.
 Developing prioritized funding strategies based on impact and outcomes aligned to the Community Needs Assessment.
 Developing multilingual materials (i.e. PowerPoint, executive summaries, agenda reports, etc.) and presenting the Plan to the community and City Council, and translating materials when needed.
 Establishing metrics and indicators to measure the ongoing imp act of funding decisions and to assist in ARPA reporting.
 Recommending potential partnerships with Contra Costa County a nd other entities to support regional work.
 Prioritizing of use of ARPA funds to ensure the hardest hit an d most impacted communities are supported.
 Identifying opportunities for accessing and leveraging other A RPA, federal, and state funds and assisting as needed.

CNA Main Deliverables
 Strategic Investment Plan Report - Administrative Draft  Strategic Investment Plan Report - Public Draft
 Strategic Investment Plan Report – Final
 Other deliverables as deemed appropriate and recommended by th e consultant

Qualifications of Applicants

Qualified organizations will have demonstrated experience and expertise in:
 Effective community engagement, specifically with diverse grou ps.  Knowledge of ARPA and ARPA-eligible uses.
 Knowledge of the Richmond community.
 Conducting neighborhood-level and city-wide community needs as sessments and asset mapping through various community engagement methods.
 Developing expenditure plans, accessing and analyzing existing data sources, and conducting and incorporating research and analysis.
 Proven ability to gather, analyze and share data in innovative ways including preparation of a community profile; conducting relevant gap analysis; and experience creating tools to measure and display progress.
 Experience working within tight deadlines and budgets.

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Proposers are allowed to include subcontractors, including community-based organizations, as appropriate for specific activities associated with the elements described in the Scope of Services.

Consultant Responsiveness

 Firms with or without subcontractors are encouraged to submit proposals which can be validated based upon prior work experience, utilizing methodology that ensures proper governance and process integrity.
 Proposers are welcome to include other professional recommenda tions to maximize outreach and engagement efforts that align with the intent of this RFP.  The consultant services relative to this process must be admin istered in an independent, thorough, unimpaired, and unbiased manner.

RFP Schedule

The proposed implementation timeline for the project is below. Applicants will be notified of any changes to the schedule via the City’s BidsOnline system.

Item Date
Request for Proposals (RFP) Released Friday, October 22, 2021 All Questions Due via BidsOnline Monday, November 1, 2021 by 5:0 0pm Response to Questions Submitted by
Proposers Posted via BidsOnline
Wednesday, November 3, 2021
Proposals Due Monday, November 15, 2021 by 12:00pm
City Council Approval of Contract December 2021
Project Term December 2021 – June 2022

The final design and timeline for all tasks will be agreed upon after final selection of the consultant(s). The Department aims to have the consultant selected and contract approved by City Council in December 2021, with a plan for the preliminary results of the Community Needs Assessment (CNA) to be brought before Council in March 2022 and a draft Strategic Investment Plan (Plan) to go before Council in late April/early May 2022 at the latest. Based on the information presented in the CNA report and Plan, funding for projects/programs may be allocated for use in the FY 2022-23 and FY 2023-24 Operating and CIP budgets.

Proposal Format Guidelines

The Proposals should:
 Be concise, well-organized, and demonstrate the proposer’s exp erience applicable to the program.
 Be limited to 20 pages (8.5 inches X 11 inches and 12-point fo nt). This page limit is inclusive of graphics, forms, pictures, photographs, and dividers. Résumés, required

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forms, certifications, front and back covers will not counted toward the proposals 20 page limit.
 Adhere to the “Proposal Elements and Format Requirements” orde r and content descriptions within each section.
 Be straightforward and provide “layman” explanations of techni cal terms that are used.

Proposal Elements and Format Requirements

1. Transmittal Letter
 Address letter to LaShonda White, Interim Library and Communit y Services Director.  Ensure an officer of the lead agency signs the letter.  Include name, title, phone number, and email address for main staff contact for all communications regarding your proposal submission.
 Include a statement regarding the firm’s ability to comply wit h the RFP and/or standard provisions of the City of Richmond’s Standard Services Agreement including insurance requirements (See Attachments 1 and 2).
 Provide a very brief introduction to your organization, your m otivation for seeking this project, and an overview of the skills and experiences your organization would contribute to this project. Also, describe your understanding of the scope of services to be done, and the objectives to be accomplished.
 Provide responses to the following items under the section ent itled “General City Requirements”: Item #4 (Previous Contracts with the City of Richmond), Item #5 (Exceptions to this Request for Proposals), and #6 (Statement of Impartiality and Disclosure).
 Include a stipulation that the proposal price will be valid fo r a period of at least 180 days.

2. Implementation and Methodology
The Implementation Section should include:
 Provide a detailed description of the approach and methodology to be used to accomplish the qualifications and scope of services specified in this RFP.  An implementation plan that describes in detail (i) how the pr oposer plans to approach and complete each project task, (ii) listed deliverables that should be incorporated into the proposer’s approach, (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

Please describe in detail how you will address the project components as outlined in the Scope of Services section of the RFP. Potential descriptions include, but should not be limited to:

A. Community Needs Assessment Report

Community Engagement:
 What is your plan for community engagement that is inclusive a nd authentic?  What is your plan to engage diverse populations effectively an d how has it been shaped by your specific experience and past work?

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 Please describe the methods and technology you would use to so licit feedback from a diverse group of stakeholders. What activities will you incorporate?  Which aspects of the work, if any, will you subcontract out an d how?  How will you measure the success and/or outcomes of the commun ity engagement process?

CNA Process and Report:
 How will you assess community needs, service gaps, assets, opp ortunities, and priority populations?
 What other information will you collect that will help City Co uncil make decisions regarding ARPA allocations? How will you determine the types of questions asked?  What framework(s) will you use?
 What types of events and activities will you initiate when con ducting the Community Needs Assessment?
 How will you summarize and prepare findings for community memb ers, the City Council, and Department Staff?
 How will you present the information collected back out to the community?

B. Strategic Investment Plan

 What frameworks will you use to guide strategic decision-makin g?  What is the proposer’s relevant experience in strategic planni ng?  What is your capacity to manage a public process of this natur e and magnitude?  Provide any additional services of benefit not specifically re quired herein, which the Proposer offers to provide.
 Detail descriptions of efforts your firm will undertake to ach ieve client satisfaction and to satisfy the requirements of the "Scope of Services" section.  Detail descriptions of all specific tasks you will request fro m City staff members  How you will work with elected officials, City staff and other stakeholders to develop the final report.
 Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the “Qualifications” and “Scope of Services” section.  Detail your strategy and vision for the final deliverables res ulting from this effort.

3. Timeline of project
 Provide an overall project schedule, including the timing of a ctivities.  Detail project schedule, identifying all tasks and deliverable s to be performed durations for each task, and overall time of completion. The project is anticipated to start in January 2022 and the draft Strategic Investment Plan must be completed and presented to City Council by approximately late April/early May 2022 at the latest.

4. Proposed Budget & Costs
 Include a not-to-exceed total budget amount.

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 Provide a detailed budget spreadsheet indicating the cost of e ach major element identified in the Scope of Services and including all direct and indirect project costs associated with the budget narrative and Scope of Services. o Include a brief narrative to detail the costs for the projecte d budget as tied to the deliverables outlined in Scope of Services.
o Include line items for each staff to be assigned to the projec t, total projected hours, and hourly rate. Hourly rates shall be all-inclusive (i.e., base salary, fringe benefits, overhead, etc.).
o Include costs associated with facilitating effective community engagement activities, including materials or reproduction costs, community outreach and engagement incentives, as well as subcontractor services and costs, if needed.

Please note: Proposers will be paid at the same rates set forth in their cost proposal and no additional funds will be paid above and beyond the original quote given by the selected Proposer unless further negotiated in writing and agreed to by the City of Richmond. These rates will also be used to negotiate other mutually agreed upon tasks that may be assigned.

This is a negotiated procurement and as such, awards may not necessarily be made to the consultant submitting the lowest priced proposal. Awards will be made to the consultant submitting the best responsive proposal satisfying the Department’s criteria, including consideration of price and other indicated factors.

5. Experience and References
The information requested in this section should describe the experience of the firm, key staff and sub-contractors performing projects within the past ten years (preferably within the past 2-5 years) that are similar in size and scope to demonstrate competence to perform these services.

Information shall include:
 Names of key staff that participated on named projects and the ir specific responsibilities with respect to these qualifications and scope of service.  A summary of your firm’s demonstrated capability, including le ngth of time that your firm has provided the services being requested in this Request for Proposal.  Include three (3) references from past clients or partners tha t received similar services from your firm. Provide contact name(s), company, address, telephone number(s), and email address(es). Also include description of services provided including contract amount and project start and end dates. The City of Richmond reserves the right to contact any of the organizations or individuals listed.

6. Value Added Services
Please provide any additional services of benefit not specifically required herein, which the proposer offers to provide.

7. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s)

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and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the City.

If including subcontractors, please provide: addresses, telephone numbers and areas of expertise of each.

8. Exceptions to this Request for Proposal
 The proposer shall state whether or not it takes any exception (s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 3). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained.
 Requests for changes or additions to sections of City of Richm ond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted  Failure to make exceptions to the RFP or Standard Services Agr eement within the qualifications will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

Questions and Correspondence Concerning RFP

Utilizing the City’s BidsOnline System
Interested parties may download copies of the above mentioned p roposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download the RF P, new vendors will be required to register. Once the vendor downloads any documents r elative to a solicitation, that vendor's name will appear on the Prospective Bidders list for t hat project and will receive any addenda or notifications relating to the RFP.

Questions & Answers
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 PM PST, Monday, November 1, 2021. Notification of answers to questions received by that date will be provided via BidsOnline by Wednesday, November 3, 2021.

Addendums
If the City finds it necessary to issue an addendum, prospective propo sers will receive e-mail notification of addendum. However, it is the proposer’s respons ibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible addendums to the RFP that may have been posted.

Submittal Instructions - Process for Submitting Proposals

Electronic Proposals shall be submitted via the City’s secure online bidding system, BidsOnline.

All required sections of the proposal must be submitted via the website. The Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-

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bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 12:00 PM, local time, on Monday, November, 15, 2021.

Proposals submitted by facsimile or e-mail are not acceptable and will not be considered. The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

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

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

Evaluation

The selection committee, comprised of City of Richmond personnel shall first review submittals to verify that the proposer has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.

Criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Category Score
Percentage
Description
Quality,
Completeness &
Attention to
Requirements
5  Proposal exhibits clarity, organization, detail, and responsiveness overall
 Transmittal Letter is included and meets all requirements.  All submittal requirements are met and required
information is provided in the format specified
 All three references are provided
Scope/Approach
to Work
30  Demonstrated understanding and knowledge of the work required and ability to provide services as outlined in the RFP
 Approach and proposed methodology to project scope
 Innovative approaches and internal measures for services requested
 Potential problems and suggestions of possible solutions are shared
 Ability to effectively manage multiple community
engagement activities throughout the duration of the

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planning process is demonstrated
 Timeline provides sufficient detail for reviewers to analyze feasibility of scope of work, robustness of activities and approach, and demonstrates Respondent’s clear
understanding of the requested scope of work
 Special resources the team offers that are relevant to the successful completion of the project
Qualifications/
References
20  Firm’s experience in performing similar work, years in business, past and current client references are relevant, and technical expertise and professional competence in
areas directly related to this RFP
 Prior experience and capacity of firm in leading community engagement in diverse communities, community needs
assessments, strategic planning, public funding allocation, or similarly relevant environments is described
Project Team 20  Unique qualifications of key personnel and successful involvement with projects of similar scope and magnitude  Professional background and qualifications of all team members comprising the team are clearly demonstrated
 Availability of staff to conduct tasks within required timeframe
 Résumés included and organizational structure makes
sense
Cost Proposal 25  Budget is sufficiently detailed, clear, and includes all specified requirements such as pricing for staff, including direct and indirect labor expenses
 Proposed Budget and Costs includes narrative and line- item budgets
TOTAL 100

Upon request of the City of Richmond, short-listed vendors may be requested to participate in interview/ presentation/demonstration on the vendor’s proposal, which would include a detailed analysis of how the RFP requirements would be addressed should Offeror receive the award. A virtual presentation shall be conducted via Zoom. The presentation shall be conducted at no cost to the City. Vendors may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals.

The total points for both the interview and the written proposal combined shall be used to determine the top candidate(s). The selection committee may then consider references and responsibility before selecting the finalist. The selection committee shall select the Proposer that is evaluated to be most competitive, and whose response is deemed to be in the best interest of this requirement.

Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked proposer for purposes of:
 Resolving minor differences and information

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 Clarifying necessary details and responsibilities
 Emphasizing important issues and points
 Receiving assurances from proposers
 Clarifying cost/budget

If the City cannot successfully negotiate a contract with the highest ranked proposer, the City may begin negotiations with the second highest ranked proposer.

Selection may be made without further discussion, negotiations, or proposer’s presentations; therefore, proposer shall offer the most favorable terms in response to this RFP. Proposer must demonstrate an understanding of the Scope of Service to be provided and the ability to accomplish the tasks set forth. Proposer shall include information that will enable the City to determine the proposer’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow-up with requests for additional information, including, but not limited to, follow-up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed Scope of Service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of proposals.

Award
When the selection committee has completed its work, Department staff will then recommend a firm to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 1).

General City Requirements

1. General Information
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work.

The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.

The City may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by the proposer, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals, or to make no award without providing the reason(s)

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underlying the declination.

2. Issue subsequent Requests for Proposals.

3. Postpone opening for its own convenience.

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

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

10. Request additional information, including, but not limited to, follow-up interviews.

2. Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

3. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If proposers intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the proposer will employ to ensure that any subcontractor complies with the provisions of proposer’s contract with the City.

4. Previous Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and contract value.

5. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection.

Exceptions will be considered during the proposal evaluation process.

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6. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

7. Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 2. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

8. Business Licenses
Proposer, at its sole expense, and all subcontractors shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City of Richmond Business License, which will be required in connection with the performance of services hereunder.

9. Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.

10. Collusion
By submitting a proposal, each proposer represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the proposer has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the proposer has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

11. Withdrawal of Proposals
A proposer may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the City Manager’s Office a written request for withdrawal signed by, or on behalf of, the proposer.

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12. Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by proposer in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this Project.

13. Sanctuary City Contracting Ordinance
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”) (Attachment 4). Bidders/Proposers must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal (Attachment 3).

14. Limited Liability Companies Disclosure Statement (LLCS) Resolution No. 86-21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC) (Attachment 5). Bidders/Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Bid or Proposal (Attachment 6).

15. Rejections
All proposals will be reviewed to determine conformance with the RFP requirements. Failure to meet the requirements may be cause for rejection of the proposal. Any proposal which is incomplete, conditional or contains irregularities may also be rejected.

The City of Richmond reserves the right to:

A. Select any proposal as a basis for written or oral communica tion with any or all of the companies or individuals when such action is considered to be in the best interest of the City of Richmond.

B. Exercise discretion and apply its judgment with respect to s election of any proposals submitted.

C. Reject all proposals.

ATTACHMENTS

ATTACHMENT 1: Standard Contract
ATTACHMENT 2: Insurance Requirements
ATTACHMENT 3: Sanctuary City Compliance Statement
ATTACHMENT 4: Sanctuary City Contracting Ordinance
ATTACHMENT 5: Resolution No. 86-21
ATTACHMENT 6: Disclosure Statement of Limited Liability Companies Form

City of Richmond
CONSULTING SERVICES TO CONDUCT A COMMUNITY NEEDS ASSESSMENT AND DEVELOP A STRATEGIC INVESTMENT PLAN IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN ACT FUNDS, bidding on 11/16/2021 10:00 AM (PST)

Printed 02/03/2022
PlanetBids, Inc.

City of Richmond
CONSULTING SERVICES TO CONDUCT A COMMUNITY NEEDS ASSESSMENT AND DEVELOP A STRATEGIC INVESTMENT PLAN IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN ACT FUNDS, bidding on 11/16/2021 10:00 AM (PST)

Printed 02/03/2022
PlanetBids, Inc.

City of Richmond
CONSULTING SERVICES TO CONDUCT A COMMUNITY NEEDS ASSESSMENT AND DEVELOP A STRATEGIC INVESTMENT PLAN IN CONJUNCTION WITH THE AMERICAN RESCUE PLAN ACT FUNDS, bidding on 11/16/2021 10:00 AM (PST)

Printed 02/03/2022
PlanetBids, Inc.

Service: ARPA Community Needs Assessment & Investment Plan RFP Released: 10/22/2021
RFP Closed: 11/16/2021
Proposal Rater 1 Rater 2 Rater 3 Rater 4 Total
Total Possible
Points Final Score
Raftelis 95 83 45 71 294 400 74%
HR&A 75 92 60 82 309 400 77%
Integrated Solutions 70 80 54 58 262 400 66%

PROPOSAL EVALUATION SCORING SUMMARY

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

New York | Dallas | Los Angeles | Raleigh | Washington DC

SCOPE OF WORK
Phase I: Community Needs Assessment
Task 1. Project Initiation
Task 1.1 Project Kickoff HR&A will hold a kickoff meeting with the City to review the scope of work and project schedule, as well as to discuss the project goals related to engagement and project deliverables.

Task 1.2 Background Research HR&A will draw on recent work completed with the City of Richmond as well as other recent planning processes and City initiatives already underway to develop an initial gap analysis that identifies potential areas of investment that align with ARPA funding requirements. HR&A and the Contigo Team will also work with the City to review the fin dings of recent engagement efforts, including interviews conducted as part of past HR&A work in Richmond, to identify under-surveyed populations that should be the focus of new engagement efforts.

Task 2. Community Engagement
Task 2.1 Public Outreach and Engagement Plan During project initiation, the Team will collaborate with the City to develop a Public Outreach and Engagement Plan, and to outline specific responsibilities as well as communications and outreach coordination, and deliverables. We anticipat e reviewing our approach and methodology to execute the scope of work and soliciting feedback. We will also want to discuss the City’s vision and objectives in detail to ensure we address all client expectations.

Outreach will focus on developing working partnerships with trusted community organizations that show interest in informing the project, and sharing project updates and information with their constituents of area residents and businesses. The community outreach process will identify opportunities to enhance the community benefits for neighborhoods and low-income vulnerable populations. The goal of these partnerships is to have stakeholders inform aspects of the funding allocation, surface potential service organizations that deliver essential services that are deemed priorities through the outreach process. These partnerships are key to reaching a broad range of community members, including non-English and limited English populations, working families and others who may not otherwise attend a project public meeting due to real and perceived barriers, or simply the belief that their voice is not welcome or will not impact funding allocations and outcomes.

Contigo can employ a range of technologies and modern engagement approaches to reach a broad audience and understand public input. Contigo and HR&A will work with the City to identify those methods best aligned with Richmond’s needs. This may include using a digital engagement platform such as www.bangthetable.com or www.publicinput.com. The tool selected will enable participation by prioritizing technical accessibility, including SMS participation for cell phone users, as well as robust data security and privacy. A digital engagement platform will complement and enhance the relationship -based model of engagement, and will enable two-way communication with participants.

Throughout the engagement process, the team will conduct three city-wide engagement sessions to introduce the planning process, solicit early input, present the findings of the Community Needs Assessment, and get feedback on the draft Strategic Investment Plan.

Task 2.2 Community Scan Community organizations serve as the backbone of the neighborhood an d are bridges to constituents who live and work in the project area. A vital component of the community scan is to identify potential collaborative partners that will help reach residents not likely to attend large format public meetings, and to develop a project outreach list that goes beyond that of an area -radius or established mailing list. In this manner, we will exceed typical public participation requirements and identify key stakeholders that may not already be civically involved. This work will bui ld on engagement HR&A has already conducted within the community to develop an overview of community stakeholders that takes into account the ethnic, social, and economic demographics of residents and businessowners, with a focus on vulnerable and hard-to-reach populations.

Task 2.3 Community Engagement and Listening Tour Fruitful working relationships begin with deep listening that teases out opportunities for collaboration. Following completion of the scan the Contigo team will work with HR&A to conduct a “listening tour” of one-on-one or small group meetings with identified stakeholders,

HR&A Advisors, Inc. Richmond ARPA Strategic Investment Plan | 2

including neighborhood and merchant associations, non -profits, faith -based organizations, economic development agencies, such as YouthWorks. We understand that the City i s already conducting outreach related to its current budget process, and anticipate participating in some of the City’s budget engagement sessions to understand priorities for ARPA funds. We aim to increase community benefits, reduce gentrification and prevent the displacement of community members by listening to the surrounding neighbors and stakeholders and factoring their needs into the funding guidelines.

Our team will cast a wide net through our outreach and communication efforts. This will involve connecting with those who may be too busy to participate in, or shy away from speaking up at large open public forums such as public agency meetings, leveraging the partnerships established through the community scan. Input will be sought out in multiple languages and through digital and non -digital forms of communication. The team will produce summaries of each conversation and highlight major themes raised to develop an overview of pressing needs or issues, particularly those relating to equitable access to available resources, to inform project planning.

Task 2.4 Regular and Transparent Communications Throughout the project, the team will produce and disseminate regular public communications to ensure consistent messaging and transparency. These will include a project fact sheet which will be updated as needed, and a media standby statement.

Task 3. Community Needs Assessment Report
The HR&A team will produce a Community Needs Assessment that summarizes the engagement activities undertaken and synthesizes the findings of Tasks 1 and 2. The Community Needs Assessment will review the data collected from the community, identifying community needs, and prioritizing those needs in te rms of policy, physical, social, and economic, and systems change needs. HR&A will produce a draft for internal City review and a revised draft to be shared for public comment prior to the final needs assessment.

Phase II: Strategic Investment Plan
Task 1. Strategic Investment Framework
Drawing on the findings of Phase I, HR&A will develop a framework that supports identified community needs and guides the strategic investment plan and share this framework with the City for input. Potential elements of this framework may include:
• Specifying desired outcomes and metrics for the success of ARPA investments • Codifying a set of priorities to guide equitable investments • Identifying potential partnerships which may enhance the success of investments.

At the outset of Task 1, HR&A and Contigo Partners will present the findings of the Community Needs Assessment and a preliminary strategic direction for the investment framework to City Council and the Management Leadership Team. We anticipate one of the larger community meetings will occur at this point of the process.

Task 2. Strategic Investment Plan Report
Following the creation of the strategic investment framework, HR&A will produce a report that summarizes the framework as well as recommended programs or projects that align with the framework. For each program or project, HR&A will identify the likely timing, funding needs, and impacts of the investment, as well as its alignment with ARPA funding requirements and community needs. HR&A will produce a draft report for internal City review and a revised draft to be shared for public comment prior to the final needs assessment. HR&A will present the draft report to City Council and at a community meeting.

PROJECT TIMELINE
HR&A anticipates that this work can be completed in a period of 18 to 20 weeks, beginning in March 2022.

The timing of the work may be subject to change based on the City Council’s meeting schedule or other

HR&A Advisors, Inc. Richmond ARPA Strategic Investment Plan | 3

factors. We will complete Phase 1 of work over a period of approximately 13 weeks with t he goal of presenting the findings to Council in May or June 2022.

Month March April May June July
Phase I: Community Needs Assessment
Task 1: Project Initiation
Task 2: Community Engagement
Task 3: CNA Report
Phase II: Strategic Investment Plan
Task 1: Strategic Investment Framework
Task 2: Strategic Investment Plan Report

PROJECT BUDGET
HR&A will complete the scope of work outlined above for a fixed fee of $220,485, as outlined below and in the attached table. Expenses for translation services and graphic design will be billed at cost, an estimated total of $3,000. We have also set aside a contingency of $22,000 to be used for expenses and for additional requests such as added sessions with City Council. HR&A will secure writt en approval for any use of the contingency. The total not-to-exceed fee for this project will be $245,485. HR&A will invoice monthly based on the percent of each task that has been completed.

HR&A Advisors, Inc. Richmond ARPA Strategic Investment Plan | 4

HR&A
Advisors
Contigo
Partners
Expenses &
Contingency
Total Budget
Phase I: Community Needs Assessment
Task 1: Project Initiation $10,000 $2,750 $12,750
Task 2: Community Engagement $42,000 $66,605 $3,000 $111,605 Task 3: Community Needs Assessment Report $30,000 $9,130 $39,130 Phase II: Strategic Investment Plan
Task 1: Strategic Investment Framework $29,000 $0 $29,000 Task 2: Strategic Investment Plan Report $31,000 $0 $31,000 Contingency $22,000 $22,000
Total Proposed Fee $142,000 $78,485 $25,000 $245,485

HR&A Advisors, Inc. Richmond ARPA Strategic Investment Plan | 5

DETAILED BUDGET

Judith Taylor Sarah Kirk Lydia Gaby TBD Subtotal
Susana
Razo
Milton
Reynolds
or alternate
Vanessa
Aquino or
alternate Subtotal Total Expenses Contingency Total
Partner Principal Director Analyst Principal Consultant Consultant Fee Budget Billable Rate $450 $395 $345 $200 $275 $275 $165
Phase I: Community Needs Assessment
Task 1: Project Initiation 3 10 3 15 $10,000 5 5 0 $2,750 $12,750 Task 2: Community Engagement 15 20 40 65 $42,000 126 64 87 $66,605 $108,605 $3,000 Task 3: Community Needs Assessment Report 10 25 10 60 $30,000 18 8 12 $9,130 $39,130 Phase II: Strategic Investment Plan
Task 1: Strategic Investment Framework 10 30 5 50 $29,000 $0 $29,000 Task 2: Strategic Investment Plan Report 10 30 5 60 $31,000 $0 $31,000 Total Proposed Fee $142,000 $78,485 $220,485 $3,000 $22,000 $245,485 Expenses include translation services and graphic design HR&A Advisors Contigo Partners

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

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

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

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EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

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

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

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

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

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

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

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

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

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

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

February 15, 2022 Page 1 of 2

Public Works

DATE: February 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, Director of Public Works

Subject:

Booker T. Anderson Community Center Fire Restoration
Project
FINANCIAL IMPACT: The proposed expenditure of $2,583,900 will mostly be paid through reimbursements from the insurance in the
2021/22 Risk Management Budget. This request includes
$2,349,000 low bid plus $234,900 contingency. Funds
will be available from the Risk Management account
50182316-400642-23008 once appropriated from the
Risk Management reserve balance.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Staff is requesting authorization to execute a construction contract with Angotti & Reilly Inc. for the Booker T.

Anderson Community Center Fire restoration, located at
960 S. 47th St., Richmond.

RECOMMENDED ACTION:

APPROVE a construction contract with Angotti & Reilly
Inc. for the Booker T. Anderson Community Center Fire
Restoration Project, located at 960 S. 47th St.,
Richmond, in an amount not to exceed $2,583,900
including $2,349,000 low bid plus $234,900 contingency; and APPROPRIATE the funding from the Risk
Management fund balance. There will be a
reimbursement from insurance for the majority of the cost – Public Works Department (Joe Leach 510-620-5478).

DISCUSSION:

AGENDA
REPORT

February 15, 2022 Page 2 of 2
The Booker T. Anderson Community Center suffered extensive fire damage on October 28, 2020, as the result of homeless activity at the park. This fire was concentrated on the West side of the building affecting the Library, Multi-Use Rooms, and Graphic Arts Room. The facility fire damaged was abated including demolition and shoring of all affected materials, including non-salvageable or non-cleanable building materials such as, but not limited to: glue lam beams, shear walls, vertical load walls and removal of all damaged building materials such drywall, floor coverings, insulation, windows, electrical, plumbing, etc.

On October 27, 2021, bids for these proposed services were solicited on BidsOnline.

Bidding contractors attended a pre-bid mandatory meeting on-site on Tuesday, November 9, 2021, or Thursday, November 18, 2021, to fully understand the scope of work involved. On December 16, 2021, five bids were received as follows:

1. Lg Engineering $1.00

2. IBS USA Inc. $2,146,392.00

3. Angotti & Reilly, Inc. $2,349,000.00

4. Arnts Builders, Inc. $2,668,981.00

5. Agbayani Construction Corporation $3,450,000.00

The five bids were reviewed for bid compliance requirements and Angotti & Reilly, Inc. was found the lowest, most responsive bidder.

DOCUMENTS ATTACHED:

Attachment 1 - BidsOnline
Attachment 2 - List of firms contacted
Attachment 3 - Canvas of Bids
Attachment 4 - Construction Agreement

PlanetBids Vendor Portal
file:///P|/...2%2001/2022%2002%2001%20BTA%20Fire%20Restoration/Att%201_PlanetBids%20Vendor%20Portal%20Bid%20results.html[1/21/2022 1:22:47 PM] City of Richmond
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Booker T Anderson Community Center Fire Damage Reconstruction Proj Closed
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Bid Results
Awards
Showing 5 Bid Results
Vendor Type Bid Amount Responsive
Lg Engineering
323 21st street richmond, California 94801
United States
Contact: Leonardo Quintero
Phone: 510-932-8212
CADIR, OSB, Local $1.00
IBS USA Inc.
418 Ramsell Street San Francisco,
California 94132
United States
Contact: MARSHALL LEOMAN
Phone: 909-362-9725
$2,146,392.00
Angotti & Reilly, Inc.
2200 Jerrold Avenue Ste. E San Francisco,
California 94124
United States
Contact: James P. Reilly
Phone: 415-575-3700
OSB, MIC $2,349,000.00
Arntz Builders, Inc.
431 Payran Street Petaluma, California
94952
United States
Contact: Brian Proteau
Phone: 707-835-2900
CADIR $2,668,981.00
Agbayani Construction Corporation
88 Dixon court Daly City, California 94014
United States
Contact: JOCELYN BAUTISTA
Phone: 650-994-9380
CADIR $3,450,000.00

PlanetBids Vendor Portal
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PlanetBids Vendor Portal
file:///P|/...cil/2022%2002%2001/2022%2002%2001%20BTA%20Fire%20Restoration/Att%202_List%20of%20Prospective%20Bidders.html[1/21/2022 1:24:13 PM] City of Richmond
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Booker T Anderson Community Center Fire Damage Reconstruction Proj Closed
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Awards
My PB Profile
Showing 34 Prospective Bidders
Vendor Type Status
Pre-Bid
Meeting
Attendee
Classifications
Agbayani Construction Corporation
88 Dixon court Daly City, California
94014
United States
Contact: Jocelyn Bautista
Phone: 650-994-9380
[email protected]
CADIR Bidder no Prime
Angotti & Reilly, Inc.
2200 Jerrold Avenue Ste. E San
Francisco, California 94124
United States
Contact: James P. Reilly
Phone: 415-575-3700
Fax: 415-575-1470
[email protected]
OSB, MIC Bidder no Prime
Arana Group Inc.
1168 Jamestown Avenue San
Francisco, California 94124
United States
Contact: Chris Arana
Phone: 415-656-0129
[email protected]
CADIR Bidder no Prime
Arntz Builders, Inc.
431 Payran Street Petaluma, California
94952

PlanetBids Vendor Portal
file:///P|/...cil/2022%2002%2001/2022%2002%2001%20BTA%20Fire%20Restoration/Att%202_List%20of%20Prospective%20Bidders.html[1/21/2022 1:24:13 PM] United States
Contact: Kelsey Godfrey
Phone: 707-835-2900
Fax: 707-835-2993
[email protected]
CADIR Bidder no Prime
Bay Area Builders Exchange
3055 Alvarado Street San Leandro,
California 94577
United States
Contact: Jeannie Kwan
Phone: 510-483-8880
Fax: 510-352-1509
[email protected]
Non-Bidder,
receive
communications
no Other
Bid America
41085 Elm Street Murrieta, California
92562
United States
Contact: Tracy Kirby
Phone: 951-813-2084
[email protected]
Bidder no Other
BidGrid
15 Laguna Robles, Carmel Valley CA
93924 Carmel Valley, California 93924
United States
Contact: tuyenluu
Phone: 012-345-6789
[email protected]
Bidder no Supplier
Buhler Commercial
400 Brannan Street Suite 204 San
Francisco, California 94107
United States
Contact: Alan Sau
Phone: 415-610-8650
[email protected]
Bidder no Prime
C&S Publishing
8041 Tallon Way Antelope, California
95843
United States
Contact: Catherine Wood
Phone: 916-729-5432
[email protected]
Non-Bidder,
receive
communications
no Other
ConstructConnect
3825 Edwards Rd Suite 800 Cincinnati,
Ohio 45209
United States
Contact: Jim Rittenhouse
Phone: 877-737-6482
Fax: 312-275-7197
[email protected]
Bidder no Supplier
Construction Bid Source
413 Brisbane Woods Way Cary, North
Carolina 27518
United States
Contact: Sherri Schweickert
Phone: 336-541-2172
Non-Bidder,
receive
communications
no Other

PlanetBids Vendor Portal
file:///P|/...cil/2022%2002%2001/2022%2002%2001%20BTA%20Fire%20Restoration/Att%202_List%20of%20Prospective%20Bidders.html[1/21/2022 1:24:13 PM] Fax: 209-772-3573
[email protected]
Construction Bidboard, Inc
11622 El Camino Real Suite 100 San
Diego, California 92130
United States
Contact: Kurt Pitzer
Phone: 800-479-5314
[email protected]
Non-Bidder,
receive
communications
no Other
Construction Journal
407 SW 7th Street Stuart, Florida
34994
United States
Contact: Sylvia Whitcomb
Phone: 800-785-5165 ext. 438
[email protected]
Bidder no Other
Deltek
2291 Wood Oak Dr Herndon, Virginia
20171
United States
Contact: Source Management
Phone: 206-373-9500
[email protected]
Bidder no Prime
Dodge Data & Analytics
300 American Metro Blvd Hamilton,
New Jersey 08619
United States
Contact: Dodge Reports
Phone: 877-784-9556
[email protected]
Bidder no Prime
Donny Chu Construction Inc.
1068 44th Ave. Oakland, California
94601
United States
Contact: Bianca Leal
Phone: 510-536-1068
Fax: 510-536-1068
[email protected]
Bidder no Prime
Golden State Roofing
22120 S. Avalon Blvd Carson, California
90745
United States
Contact: Dominic
Phone: 424-270-6638
[email protected]
Bidder no Subcontractor
IBS USA Inc.
418 Ramsell Street San Francisco,
California 94132
United States
Contact: MARSHALL LEOMAN
Phone: 909-362-9725
[email protected]
Bidder no Prime
IMS
945 Hornblend Street Suite G San
Diego, California 92109

PlanetBids Vendor Portal
file:///P|/...cil/2022%2002%2001/2022%2002%2001%20BTA%20Fire%20Restoration/Att%202_List%20of%20Prospective%20Bidders.html[1/21/2022 1:24:13 PM] United States
Contact: Mark Ettingsys
Phone: 888-467-3151
[email protected]
Bidder no Prime
Integrated Demolition and Remediation
Inc.
4938 E. La Palma Ave Anaheim,
California 92807
United States
Contact: Shrenik Vora
Phone: 714-340-3333 ext. 302
Fax: 714-709-4729
[email protected]
DBE, MBE, CADIR Bidder no Subcontractor
Lg Engineering
323 21st street richmond, California
94801
United States
Contact: Leonardo Quintero
Phone: 510-932-8212
[email protected]
CADIR, OSB, Local Bidder no Prime
mack5
1900 Powell Street Emeryville,
California 94608
United States
Contact: Erika Lopez
Phone: 510-595-3020
[email protected]
Bidder no Prime
Material Survey Associates, Inc.
850 South Van Ness Avenue San
Francisco, California 94110
United States
Contact: Jeff Schneider
Phone: 415-821-4303
Fax: 415-821-0371
[email protected]
Bidder no Supplier
McGuire and Hester
2810 Harbor Bay Parkway Alameda,
California 94502
United States
Contact: MABEL CATER
Phone: 510-632-7676
Fax: 510-562-5209
[email protected]
CADIR Bidder no Prime
McPeak Electric Inc.
836 Alhambra Ave. Martinez, California
94553
United States
Contact: Sean McPeak
Phone: 925-229-3473
Fax: 925-229-3393
[email protected]
OSB Bidder no Subcontractor

NET ELECTRIC, INC
5327 Jacuzzi Street Unit 4D Richmond,
California 94801
United States OSB, DBE, MBE,
Bidder no Prime

PlanetBids Vendor Portal
file:///P|/...cil/2022%2002%2001/2022%2002%2001%20BTA%20Fire%20Restoration/Att%202_List%20of%20Prospective%20Bidders.html[1/21/2022 1:24:13 PM] Contact: NATHAN TYLER
Phone: 866-334-2400
Fax: 855-300-0127
[email protected]
CADIR, Local
NV Construction LLC
590 South 33rd Street Richmond,
California 94804
United States
Contact: Henry Vila
Phone: 510-715-0870
Fax: 510-236-4979
[email protected]
MBE, CADIR, Local Bidder no Prime
OBS ENGINEERING, INC.
1555 Yosemite Ave. Suite 2 San
Francisco, California 94124
United States
Contact: Wilmoth Lewis
Phone: 415-351-9059
[email protected]
OSB, MBE, CADIR Bidder no Other
Omega Pacific Electrical Supply, Inc
1555 Burke Ave Unit B San Francisco,
California 94124
United States
Contact: Keri Chan
Phone: 510-679-1537
[email protected]
Bidder no Supplier
Prime Electric
1941 Ringwood Ave San Jose,
California 95131
United States
Contact: Stefanie Sladwick
Phone: 831-234-5319
[email protected]
Bidder no Prime
Prime Vendor Inc.
4622 Cedar Ave. Bldg 5, Suite #123
Wilmington, North Carolina 28403
United States
Contact: Bid Clerk
Phone: 910-794-2856
Fax: 800-746-8307
[email protected]
Bidder no Subcontractor

QTO SOLUTIONS
12350 Santa Monica Blvd. Suite 1150
Los Angeles, LA, California 90011
United States
Contact: Nisar
Phone: 213-457-3724
[email protected]
Bidder no Other
Southwest Construction
1213 San Mateo Avenue San Bruno,
California 94066
United States
Contact: James Gardner
Phone: 650-877-0717
Fax: 650-877-0747
Bidder no Prime

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file:///P|/...cil/2022%2002%2001/2022%2002%2001%20BTA%20Fire%20Restoration/Att%202_List%20of%20Prospective%20Bidders.html[1/21/2022 1:24:13 PM] [email protected]
Special K Painting
1809 Filbert St Oakland, California
94607
United States
Contact: Kevin Walton
Phone: 510-470-4545
[email protected]
Bidder no Subcontractor
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1/21/22, 11:49 AM PlanetBids Vendor Portal
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Lg Engineering
323 21st street
richmond, California 94801
United States
Contact: Leonardo Quintero
Phone: 510-932-8212
CADIR, OSB, Local $1.00
IBS USA Inc.
418 Ramsell Street
San Francisco, California 94132
United States
Contact: MARSHALL LEOMAN
Phone: 909-362-9725
$2,146,392.00
Angotti & Reilly, Inc.
2200 Jerrold Avenue
Ste. E
San Francisco, California 94124
United States
Contact: James P. Reilly
Phone: 415-575-3700
OSB, MIC $2,349,000.00
Arntz Builders, Inc.
431 Payran Street
Petaluma, California 94952
United States
Contact: Brian Proteau
Phone: 707-835-2900
CADIR $2,668,981.00
Vendor Type Bid Amount Responsive
City of Richmond
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1/21/22, 11:49 AM PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/88067#bidResults 2/2 Agbayani Construction
Corporation
88 Dixon court
Daly City, California 94014
United States
Contact: JOCELYN BAUTISTA
Phone: 650-994-9380
CADIR $3,450,000.00
Vendor Type Bid Amount ResponsiveCity of Richmond
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1 2018_Final Form

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ______ of ________ ___2021, by and between the City of Richmond, a municipal corporation and charter city (“City”) and _ Angotti & Reilly, Inc., (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS

A. On October 27, 2021, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of the fire restauration of the Booker T.

Anderson Community Center Improvements, located at 960 S. 47th St., Richmond, CA (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”

Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

Section 1.3 Payments.

2 2018_Final Form

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.

(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.

(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.

(b) Contractor shall cause all work performed in connection with construction of the

3 2018_Final Form
Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.

(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56).

During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.

(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.

Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

Section 1.6 Inspections.

4 2018_Final Form

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements.

(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45)

5 2018_Final Form
days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.

Section 1.10 Security In Lieu of Retention.

6 2018_Final Form

(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.

7 2018_Final Form
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent: