Agenda — Richmond City Council, March 1, 2022 (part 7 of 11)

Page 592 of 1169 ends

Page 593 of 1169 ends

Page 594 of 1169 ends

Page 595 of 1169 ends

Page 596 of 1169 ends

Page 597 of 1169 ends

Page 598 of 1169 ends

Page 599 of 1169 ends

Page 1 of 3 ends

March 1, 2022

Library and Community Services

DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

LaShonda White, Interim Director of Community Services
Tamara Walker, Deputy Director of Community Services – Employment & Training

Subject:

Amend Contract with Oakland Private Industry Council for RichmondWORKS Program Vendor Pay Agent Services

FINANCIAL
IMPACT:

There will be no fiscal impact upon the City’s General Fund.

The Employment and Training Division has budgeted for the training funds in its Operating Expenses Budget to be allocated for Individual Training Accounts (ITAs). All expenditures associated with this program are grant funded from the following account allocations:

Org Code Obj Code Project # Program Totals
12572541 400813 22901 Adult ITA $52,082.64
12573241 400843 22901 Adult Admin $5,786.96
12572541 400813 22902 Dislocated Worker ITA $41,806.80
12573241 400843 22902 Dislocated Worker Admin $4,645.20 12572541 400813 22035 Dislocated Youth $45,000.00
12573241 400843 22035 DY Admin $5,000.00
12572341 400813 22903 CAREERS $74,061.00
12573241 400843 22903 CAREERS Admin $8,229.00
Total Contract Amount $236,611.60

COUNCIL
ACTION:

N/A
AGENDA
REPORT

Page 600 of 1169 ends

Page 2 of 3 ends

March 1, 2022

STATEMENT OF
THE ISSUE:

The Employment and Training Division of the Community Services Department is seeking to amend its contract with the Oakland Private Industry Council to serve as the Contracting & Vendor Pay Agent for the RichmondWORKS, Workforce Innovation and Opportunity Act (WIOA) program participants.

RECOMMENDED
ACTION:

APPROVE an amendment to the contract with the Oakland Private Industry Council to provide additional services as the Contracting & Vendor Pay Agent for Individual Training Accounts and On-the-Job Training activities for the Workforce Innovation and Opportunity Act (WIOA) program participants.

The amended contract term shall run from December 3, 2019 through June 30, 2022. The contract amount will be increased by $236,611.60, for a total contract amount not to exceed $714,459.60 – Library and Community Services Department (Tamara Walker 510-307-8006).

DISCUSSION:

The Individual Training Account (ITA) process developed by the Oakland Private Industry Council (OPIC) allows the Employment & Training Division to cover the cost of classroom and skills training for Richmond residents in an effective manner with minimal delays. OPIC, a non-profit 501(c)(3) organization, has served as the fiscal agent for the four Workforce Development Boards (WDB) in the East Bay region since 1998. The coordination and consolidation of the processing of ITAs for the WDB East Bay regional consortium serves as a state-wide model for efficiency.

A Request for Proposal (RFP) was released on September 6, 2019, seeking a Contracting/Vendor Pay Agent for RichmondWORKS to provide workforce development and employment training services. The specific services being procured are:

1. Management of the Employment Training Provider List (ETPL);

2. Contracting and Pay for ITA vendors who provide training to Agent RichmondWORKS Workforce Innovation and Opportunity Act (WIOA) participants;

3. Contracting and Pay Agent for On-the-Job Training (OJT) activities with the employers who provide OJT positions for RichmondWORKS WIOA participants; and

4. Contracting for other goods and services as directed by and on behalf of RichmondWORKS.

These activities are part of the administration and program operations implemented by RichmondWORKS within the approved annual budget for department operations, ITAs, OJTs, Customized Training, and Systems Support. The proposed amendment does not affect the services being performed.

Page 601 of 1169 ends

Page 3 of 3 ends

March 1, 2022
Per WIOA guidelines, each local workforce development area within the state is required to use 30 percent of their annual grant allocation to provide individual training and work-based learning opportunities for the WIOA program participants. The current OPIC contract has been amended annually for the past three (3) years to add these training funds; thus, causing the amended contract balance to reach the current payment limit of $714,459.60. A new RFP will be released in 2022 in accordance with WIOA and City of Richmond procurement policies. The contract shows a history of previous amendments.

The Oakland Private Industry Council will be compensated $23,661.16 which is 10 percent (a rate approved by the Department of Labor) of the total contract amount for their administrative, contracting, and vendor pay agent services.

The amended contract amount will be allocated as follows:
 OPIC Administrative Cost at 10.00% – $23,661.16
 WIOA Adult Program - $52,082.64
 WIOA Dislocated Worker - $41,806.80
 WIOA Youth Dislocated Worker - $45,000
 Department of Labor, National Dislocated Worker - $74,061

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract #3

Page 602 of 1169 ends

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Page 603 of 1169 ends

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

Page 604 of 1169 ends

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

236,611.60

Page 605 of 1169 ends

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)

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

Contract Amendment/EJ/TE 9-26-07

Page 606 of 1169 ends

Page 1 of 7 ends

For the Contract between the City of Richmond
And Oakland Private Industry Council, Inc.

EXHIBIT A.1

SERVICE PLAN
(Amended 03-01-2022)

STATEMENT OF WORK

The [City of Richmond, Workforce Development Board], a member of the EASTBAY Works consortium (hereafter referred to as “the WDB”), adopts the following Statement of Work which reflects the activities to be performed by the Oakland Private Industry Council, Inc. on behalf of the WDB as a member of EASTBAY Works for the management of: the Eligible Training Providers List and the management of Individual Training Accounts, On-the-Job Training, and other training activities, and other EASTBAY Works activities as described below. The activities described below are subject to regulations and guidelines that are, from time to time, modified by the U.S. Department of Labor and the California Employment Development Department and this Statement of Work may need to be amended or changed consistent with such modifications.

1. MAINTENANCE OF THE ETPL THROUGH COMMON PROCUREMENT

The four Workforce Development Boards (“WDBs”) of the EASTBAY Works collaborative agree to joint maintenance of the local application process and procedures for the State Eligible Training Provider List (“ETPL”) in an effort to meet the needs of the local WDBs collectively and individually. The four WDBs of the EASTBAY Works collaborative have agreed to contract with Oakland PIC to effectuate the maintenance of the ETPL, and the parties hereby agree to comply with the following procurement procedures in order to maintain the EASTBAY Works application process and procedures for the ETPL:

A. The Oakland PIC will be responsible for ensuring that information and access to ETPL information and application is available to all interested vendors by posting it on the EASTBAY Works web site and providing links to each participating One-Stop partner for broad distribution.

B. The Oakland PIC will serve as the single point of contact for all ETPL applications. This will include, but not be limited to, answering all questions about the ETPL application process and receiving and tracking all ETPL applications.

C. The Oakland PIC will provide technical assistance to providers as they complete the application process.

When an ETPL application is complete, the Oakland PIC will submit all necessary data to the responsible State agency for adding the new training provider to the statewide ETPL.

D. If an initial site visit is required of a new vendor an Oakland PIC staff member will carry out the site visit.

Monitoring of vendors will be performed in accordance with federal, state and local laws, regulations, policies, and procedures.

2. I NDIVIDUAL TRAINING ACCOUNT AND ON-THE-JOB TRAINING SYSTEM

The ETPL system provides all EASTBAY Works One-Stop customers with comprehensive information about training and educational opportunities. Under WIOA, however, only certain qualifying individuals will receive an Individual Training Account (“ITA”) to pay for such training. Oakland PIC and the four WDBs of the EASTBAY Works collaborative have created an ITA system that meets the needs of the EASTBAY Works system as a whole as well as the needs of each of the WDBs. Additionally a system for On-the-Job (“OJT”) contracting services to enable WDB Title I Workforce Innovation and Opportunity Act clients to participate in OJT activities has also been developed. OJT is understood to have the meaning set forth in the Workforce Innovation and Opportunity Act of 2014 (WIOA) and its regulations. Oakland PIC agrees to provide the ITA, OJT and/or other goods and services processing, contracting and payment services for the EASTBAY Works WDBs. To that end, the parties hereby agree to comply with the following procedures in order to utilize Oakland PIC as a contracting and payment agent and in order to maintain consistent policies for ITAs and OJTs in the EASTBAY Works collaborative region:

Page 607 of 1169 ends

Page 2 of 7 ends

A. The WDB will be solely responsible for all aspects of its WIOA Title I programs, including but not limited to participant certification, enrollment, and exiting; provision of case management services; and authority to issue an ITA/OJT. The Oakland PIC will not be responsible or liable in any way whatsoever for any decisions or actions made by the Richmond WDB in regard to such WIOA Title I activities, including but not limited to legal or financial liability.

B. The WDB will establish internal policies and procedures for matters related to ITAs/OJTs within its direct purview and control. These policies and procedures may include, but are not limited to, establishing the maximum amount of money the WDB will authorize for an ITA/OJT, and the process by which decisions are made regarding which WIOA participant may receive an ITA/OJT.

C. The WDB will provide the Oakland PIC with its current ITA/OJT- related policies and procedures to enable the Oakland PIC to administer the WDB’s ITA/OJT funding in accordance with such policies. The WDB agrees that the Oakland PIC may rely on such policies and procedures in providing services under this agreement. The WDB agrees to hold harmless and indemnify the Oakland PIC against any damages that may arise from the Oakland PIC’s reliance on such policies and procedures.

The Oakland PIC will maintain such current ITA/OJT-related policies and procedures as will enable it to administer the ITA/OJT system set forth in this agreement. The Oakland PIC agrees to hold harmless and indemnify the WDB against any damages that may arise from the Oakland PIC’s use or failure to use those policies and procedures.

D. The WDB agrees to follow policies and processing procedures as listed in the “Counselor’s Workflow Handbook”, a copy of which is incorporated by reference. To the extent that additional or different procedures need to be established, Oakland PIC and the WDB will work together to establish procedures that work best for both the Oakland PIC and all four WDBs of the EASTBAY Works Collaborative.

E. The Oakland PIC will provide the following services with regard to payment of approved training providers under this contract:

1) Establish and maintain a bank account for the WDB that shall hold funds specifically for payment to approved training providers for WDB-referred clients according to the guidelines for payment set forth below.

2) The Oakland PIC will ensure earned interest on that account is credited monthly to that account.

3) Draw down from impound account and invoice the WDB for ITA funds expended for WDB-referred client training. The Oakland PIC shall keep copies of invoices with attached copies of approved training provider invoices for ITA services provided to WDB-referred clients and shall make those copies available upon reasonably noticed request by WDB.

4) Make reasonable and necessary payments to approved training providers or employers for actual allowable costs from impound account, based on invoices received by the Oakland PIC from approved providers and which have been authorized by the WDB on behalf of the WDB’s client. For purposes of payment to an approved provider, Oakland PIC shall accept from the WDB’s designated operator, the signatures of the referring counselor and the management level individual authorized to approve ITAs and OJTs for the WDB. If both signatures are present, Oakland PIC shall assume that particular training has been approved and shall process it for payment without responsibility for the propriety of the approval.

5) Return to the WDB the balance of the bank account not more than thirty (30) days following contract termination unless the WDB has failed to provide Oakland PIC with necessary information to process the close-out pursuant to the agreement, in which case, Oakland PIC shall return the balance not more than forty-five (45) days from receipt of such necessary information, if any. The WDB may request that the account remain active if an extension or renewal of this contract is anticipated.

Only when all procedures as outlined in the Counselor’s Workflow Handbook have been satisfied will the Oakland PIC withdraw the previously obligated funds from the training account and pay the eligible training provider/employer on behalf of the WDB. After final payment is made Oakland PIC will enter as “paid” and the total dollar amount paid in the “Grant Checkbook”.

Page 608 of 1169 ends

Page 3 of 7 ends

F. The WDB understands that when a Career Counselor faxes or emails the Oakland PIC an ITA/OJT Payment Authorization Form that has been approved by the One-Stop manager, the WDB is officially directing the Oakland PIC to pay the Purchase Order that had previously been authorized by the WDB with the funds that had been previously obligated and deposited in the training account. The WDB agrees to hold harmless and indemnify the Oakland PIC against any damages that may arise from the Oakland PIC’s reliance on the WDB’s delivery of the properly signed ITA/OJT request form, by fax, email or otherwise, to the Oakland PIC.

The Oakland PIC agrees to hold harmless and indemnify the WDB against any damages that may arise from the Oakland PIC’s negligence in administering its responsibilities under this agreement.

G. Modifications and Cancellations will be processed pursuant to the procedures listed in the “Counselor’s Workflow Handbook” and all refunds/payments shall be made according to the pro-rata payment policy obtained from the approved vendor.

H. Richmond WDB’s Obligations: The WDB shall pay the Oakland PIC for services under the agreement as set forth in the Payment Provisions. In addition, the WDB shall:

1) Authorize the Oakland PIC to contract with and make payments to approved training providers on behalf of the WDB.

2) Ensure that the WDB refers clients for ITA training activities.

3) Ensure that WDB agrees to and adheres to the Oakland PIC’s procedures for processing ITAs/OJTs as outlined in the “Counselor’s Workflow Handbook” provided by the Oakland PIC and incorporated by reference into this contract. If any WDB policies or procedures for ITA/OJT contracting or processing are different from the Oakland PIC’s, the WDB is responsible for carrying out those policies and procedures. In any event, the WDB ensures that the WDB’s policies and procedures do not conflict with the Oakland PIC’s.

4) Ensure that the WDB inputs client data into relevant WDB information and case management systems, into the Virtual One Stop Computerized Database (CalJOBS/VOS) system, and the Checkbook system utilized by the Oakland PIC and the WDB in processing ITA/OJT requests.

3. GOODS AND SERVICES

In addition to Individual Training Account (ITA) purchase orders, ETPL systems operations and On-the-Job Training (OJT) contracts; this contract authorizes the Oakland Private Industry Council, Inc. (Oakland PIC), to purchase goods and services, as directed, on behalf of the EASTBAY Works Workforce Development Boards (WDB).

FUNDING THE MAINTENANCE OF AN APPROVED PROVIDER LIST

Each of the EASTBAY Works Workforce Development Boards (WDB) promises to take such steps as are necessary to secure funding to maintain this system and process within the context of the EASTBAY Works One-Stop system.

Each party to this agreement agrees to cooperate fully with the other to ensure that all necessary funding is secured in a timely manner.

1. C ONTRACTING AGENCY SERVICES

In order to implement the ITA, OJT, and/or other goods and services contracting system described above, the Oakland PIC agrees to provide the following contracting agency services to the WDB:

A. Bank Account: Oakland PIC will open/maintain a bank account that will be used solely for said (ITA, OJT, and/or other goods and services) contracting agency purposes.

Page 609 of 1169 ends

Page 4 of 7 ends

B. Minimum Balance: The WDB will deposit the total amount of training funds, $236,611.60 into the training account and will maintain $10,000.00 as a minimum balance throughout the contract period. This amount will be applied against any outstanding amounts due the Oakland PIC at the termination of the contract, if any. The balance will be returned to the WDB within 45 days following the close of the contract.

If the WDB has expended all funds it has budgeted for the program year for ITA, OJT, and/or other goods and services, and needs to apply its minimum balance towards funding additional ITAs, OJTs, and/or other goods and services, the WDB must provide the Oakland PIC with at least 15 days’ notice before the WDB authorizes expenditures that would draw down against the minimum balance. The WDB understands that the Oakland PIC is unable to apply its own funds towards any of the WDB’s obligations.

C. Monthly Report: The Oakland PIC will provide the WDB with a monthly report that summarizes the ITA, OJT and/or other goods and services account status. The report will include, at a minimum, the following information: the total amount to date the WDB has deposited in the training account, the month end balance, the cumulative expenditures to date, and total monthly disbursement.

2. A DMINISTRATIVE COSTS OF SERVICE ACTIVITIES (AMENDED 03-01-2022)

In consideration for providing administration services for the training system described in this agreement, and for the contracting agency services described in Section 1., the WDB agrees to pay Oakland PIC a total amount of no more than $23,661.16 as administrative costs of providing the services described, based on a maximum of $236,611.60 worth of ITAs, OJTs and/or other goods and services that are processed. Should the WDB wish to add more funds to its account with Oakland PIC and have Oakland PIC process additional ITAs, OJTs and/or other goods and services, the Oakland PIC shall receive an additional increase in administrative cost reimbursement in proportion to the funds in excess of the original contract limit for all additional 10%.

The administrative costs will be payable to Oakland PIC upon receipt of a monthly invoice detailing costs.

SPECIAL CONDITIONS

1. T ERM: This amended agreement will commence upon (March 3, 2022) and terminate as of the close of business on (June 30, 2022), unless earlier terminated in accordance with the terms contained herein. The agreement may be renewed upon mutual written agreement of the parties.

2. M ODIFICATION: This agreement may be modified or terminated prior to its completion date by agreement of the parties as indicated by a mutually signed document. Either party may unilaterally terminate this agreement so long as the terminating party provides notification 30 days in advance in writing of the effective termination date, the reason for termination of the agreement, and procedures to be used for concluding all activities relating to the agreement. The Oakland PIC will not be liable for any new obligations incurred by the WDB after Oakland PIC has received such notice of termination.

3. C OMPLIANCE WITH LAW: Each party agrees to comply with and abide by all of the following laws and regulations which are incorporated by reference herein as if fully set forth: Public Law 113-128; 20 CFR Part 645; 29 CFR Part 97 (including but not limited to Part 97.36 (1-13)); OMB Circular Numbers A133, A21, A87, A122 (as applicable). Additionally, the parties agree to comply with all of the terms and conditions set forth in this agreement; any and all attachments to this agreement which are made a part hereof; and all applicable documents incorporated by reference.

4. P ARTIES TO THE AGREEMENT: Neither the Federal Government represented by the U.S. Department of Labor nor the State of California is a party to this agreement, and no legal liability on the part of any of them is implied under the terms contained herein. Any liabilities or disputes as may arise under this agreement are between the WDB and the Oakland PIC and shall be resolved informally, if possible, or if not possible, under the applicable laws of the State of California.

5. I NDEMNIFICATION: The WDB will indemnify, defend and hold harmless the Oakland PIC, Inc., its officers, agents and employees from any and all liabilities and claims of any nature or damages of any character whatsoever, including death, sickness or injury to persons or property from any cause whatsoever arising from or connected with the operations of or services provided by the WDB resulting from the conduct, negligent or otherwise in whole or in part, of the WDB, its agents, representatives, or employees to the extent permitted by law.

Page 610 of 1169 ends

Page 5 of 7 ends

The Oakland PIC will indemnify, defend and hold harmless the WDB, its officers, agents and employees from any and all liabilities and claims of any nature or damages of any character whatsoever, including death, sickness or injury to persons or property from any cause whatsoever arising from or connected with the operations of or services provided by the Oakland PIC resulting from the conduct, negligent or otherwise in whole or in part, of the Oakland PIC its agents, representatives, or employees to the extent permitted by law.

Each party agrees to maintain on a current basis complete financial records including, but not necessarily limited to, books of original entry, source documents in support of accounting transactions, a general ledger, personnel and payroll records, cancelled checks, and related documents in accordance with generally accepted accounting principles.

Each party agrees to maintain on a current basis complete records pertaining to the provision of services and eligibility, including, but not limited to, client files, participant records, or other service related documentation.

Each party agrees to maintain on a current basis complete records pertaining to its organizational structure and activities, including but not limited to, bylaws, articles of incorporation, documentation of tax exempt status, Board of Directors roster, minutes of meetings of the Board of Directors and committees, administrative program policies and procedures and any other documents required by the EASTBAY Works WDBs or the State or the federal or the Oakland PIC or the applicable funding source.

Each party will cooperate with the other in the preparation of, and will furnish any and all information required for, reports prepared by either party relating to the subject matter of this agreement or as may be required by the rules, regulations or requirements of any and all EASTBAY Works WDB or other governmental entity, or the Oakland PIC or applicable funding source. The requesting party will specify in detail the cooperation required.

Each party reserves the right to issue further instructions regarding the extent of records required to be kept, the format to be used, and record retention and access requirements as is necessary to perform audits and to otherwise comply with requirements set forth by applicable funding sources.

7. G RIEVANCES: WIOA participant grievances or employee grievances arising under the either party’s WIOA programs will be limited to the interpretation and application of relevant Federal, State, and local laws, regulations, policies and procedures. Such grievances will not include interpretation of the contents of this agreement. Resolution of these types of grievances will be in accordance with policy established by the relevant party and will not involve the other party in the proceedings.

8. I NSURANCE: During the term of the agreement and any extension thereof, each party will keep in effect its self- insured or other insurance policies as are required by law; and provide coverage that may be required by the performance of the agreement in the following minimum requirements:

A. Workers' Compensation in accordance with the provisions of Section 3700 of the State of California Labor Code; or, if Workers Compensation is not applicable, Medical and Accident insurance in the amount of fifty thousand dollars ($50,000), for injury or disease resulting from an individual's participation in any activity hereunder;

B. General Liability Coverage in the amount of 2 million dollars ($2,000,000) including but not necessarily limited, to, the following:

1) Coverage for any loss including fire and theft of any and all non-expendable items;

2) Accident coverage on an "occurrence" basis;

3) Coverage of both personal injury and bodily injury; and

Page 611 of 1169 ends

Page 6 of 7 ends

4) The Oakland PIC, its officers, employees and agents named as additional insured under the policy; and provide that no other insurance effected by Oakland PIC will be called upon to contribute to a loss hereunder.

C. Auto Liability Coverage in the amount of $1,000,000 to provide for coverage of owned and non-owned vehicles used in connection with the performance of the Contract.

9. A VAILABILITY OF FUNDING: All funding that may be committed under this agreement is contingent upon the availability of federal funds and continued federal authorization for program activities. This agreement is subject to modification or termination due to actions taken by the federal government that result in a frustration of agreement purpose. Further, the parties agree to accept, and add to this agreement, any conditions imposed by the U.S. Department of Labor or relevant state agency.

10. F RAUDULENT USE OF FEDERAL FUNDS: The WDB will advise the Oakland PIC directly and immediately of any apparent improper or fraudulent use of WIOA funds which comes to its attention; or of any apparent supplying of misinformation to the Oakland PIC or its representatives, per WIOA regulations and per WIOA Section 185(b), 20 CFR 683.430 and 683.620, and TEGL 2-12, which require that all instances of fraud, waste and abuse and criminal activity be reported to OIG and to State of California Compliance Review Division.

11. D RUG FREE WORKPLACE: Each party, by signing this agreement, agrees to comply with the Drug Free Workplace Act of 1988.

12. C ONFIDENTIALITY OF FILES: Each party will maintain the confidentiality and security of all participant files and no information may be divulged to any outside party without the express written permission of the WIOA participant except, as necessary for purposes of performance or evaluation to persons having authorized responsibility and to the extent necessary for proper administration.

13. W ORKPLACE SAFETY: Each party assures that it is in compliance with all applicable federal, state, and local laws governing work place health and safety conditions, payment of wages, collective bargaining, labor relations, and any other regulations affecting personnel which are mandated by law or legal agreement.

14. C OPYRIGHTS: Each party will comply with applicable federal and state laws pertaining to copyrights which states in its entirety: "The Federal awarding agency reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or contractor purchases ownership with grant support."

15. U NLIMITED RIGHTS IN DATA: Each party understands that the Department of Labor shall have unlimited rights to any data first produced or delivered under this agreement.

16. C ONFLICT OF INTEREST: Each party and the members of its governing board, and persons under its employ shall avoid any actual or potential conflicts of interest or circumstances of nepotism

17. D EBARMENT: Each party to this agreement certifies that: Neither it nor its principals or employees are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.

Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this agreement. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the DOL may pursue available remedies, including suspension and/or debarment.

The prospective recipient of Federal assistance funds shall provide immediate written notice to Oakland PIC if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

Page 612 of 1169 ends

Page 7 of 7 ends

The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.

The prospective recipient of Federal assistance funds agrees should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation.

18. A CCOUNTING SYSTEM: The Oakland PIC will maintain an accounting system, which is in accordance with generally, accepted accounting practices and is in accordance with the Financial Management Systems described in applicable U. S. Department of Labor, Office of Management of Budget Circulars.

19. F INANCIAL MANAGEMENT AND AUDIT: The Oakland PIC will comply with all financial management and fiscal procedures prescribed by WIOA legislation, the Department of Labor, and the State of California, and the Oakland PIC, including audit and contract close-out procedures, and reimbursement of costs.

The WDB and the local responsible governmental agency will be entitled to access onto the Oakland PIC’s premises to observe operations, inspect records or otherwise evaluate performance provided that at least 15 days notice of request for access is provided in writing to the Oakland PIC. The WDB or the local responsible governmental agency will conduct inspections and manage information in a manner consistent with applicable laws relating to confidentiality of records and in a manner that will minimize disruption of the Oakland PIC’s work.

Separate and apart from the audit and inspection provisions set forth in this agreement, each party’s records will be subject to audits as required by Federal or State agencies or other funding sources. These audits include those performed pursuant to applicable OMB Circulars, or audits otherwise authorized by Federal or State law.

20. A UTHORITY: Each party has the full power and authority to enter into and perform this agreement, and the person signing this agreement on behalf of each party has been properly authorized and empowered to do so.

21. S EVERABILITY: If any term, covenant, or condition of the agreement is held by a court of competent jurisdiction to be valid, void, or unenforceable, the rest of the agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated, unless such enforcement will frustrate the purpose of this agreement.

22. L OBBYING: Contractor will comply as applicable with all provisions of state and federal lobbying laws and regulations pursuant to Section 1352, Title 31 of the U.S. Code, and 34 CFR Part 82.

23. A UDIT REQUIREMENTS: Contractor will comply as applicable with federal and state audit requirements as contained in OMB Circular A-133, WIOA section 184, Title 20 CFR Section 683.210, Title 29 CFR Part 95 or 97 (as applicable), Title 31 USC Chapter 75 and with the California Nonprofit Integrity Act of 2004, Section 12586.

24. E NTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties, superseding any prior written or oral agreements between and among them on the same subject matter.

Page 613 of 1169 ends

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

Page 614 of 1169 ends

Page 615 of 1169 ends

Page 616 of 1169 ends

CITY OF RICHMOND

STANDARD CONTRACT
Department: Employment & Training Project Manager: Rosemary Viramontes Project Manager E-mail: Project Manager Phone No:
[email protected] (51 0) 307-8008
PR No: Vendor No: 2871 P.O./Contract No:

Description of Services:

Oakland Private Industry Council (OPIC), Inc. will serve as a Contracting/Pay Agent for RichmondWORKS Workforce Innovation and Opportunity Act (WIOA) program participants.

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:

Oakland Private Industry Council, Inc.

Company Name:

Street Address: 268 Grand Ave
City, State, Zip Code: Oakland, CA 94610
Contact Person: Robin Revaneau
Telephone: (51 0) 675-7913 Email: [email protected] Business License No: 40003048 I Expiration Date: December 31, 2020 A California D corporation,Oiimited liability corporation D general partnership, D limited partnership, D individual, [Z] non-profit corporation, D individual dba as [specify:] ________ _
D other [specify:]
-------------------------------------------

2. Term. The effective date of this Contract is December 3, 2019 and it terminates June 30, 2021 unless terminated as provided herein.

3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 141 ,645 . City shall not pay for services that exceed the Contract Payment Llm1t 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.
22001791/5016
23527

Page 617 of 1169 ends

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
a municipal corporation
By::n~
Title: fJ\a<a~
I hereby certify that this Contract
has been approved by City Council.

CONTRACTOR:
~ , Date Signed:

By. d~
City C erk
LIST OF ATTACHMENTS :

Service Plan
Payment Provisions
Authorized Representatives and Notices
General Conditions
Special Conditions
Insurance Provisions
Standard ContracUEJ/TE 9-26-07
(* The Corporation ChiefFinancial Officer,
Secretary, ~tj- ssistant , ecretary should sign below)
By: J{;;.,.

Title: t;i_,-ef &IM1ciJ (},fff~'ey
DateSigned· /2,/?/,3.-b/9
' I I
(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.

Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F

Page 618 of 1169 ends

For the Contract between the City of
Richmond and
Oakland Private Industry Council, Inc.

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Employment & Training following services and be compensated as outlined below:
, perform the
Oakland Private Industry Council, Inc. (OPIC) will act as RichmondWORKS' agent for the following services:

1. Management of the Employment Training Provider List (ETPL)

2. Contracting & Pay Agent for Individual Training Account (ITA) vendors who provide training RichmondWORKS WIOA participants

3. Contracting & Pay Agent for On-The-Job Training (OJT) activities with the employers who provided OJT positions for RichmondWORKS WIOA participants

4. Contracting for other goods and services as directed by and on behalf of RichmondWORKS OPIC's compensation for their services will be at the Department of Labor's approved Administrative cost rate of 1 0°/o for their organization.

The contract amount for the program year 2019-2021 will not exceed $141 ,645 and will be allocated as follows:
• OPIC Administrative Cost at 1 0°/o- $12,877
• WIOA Adult Program, Training Accounts - $53,776
• WIOA Dislocated Worker Program, Training Accounts- $44,992 • WIOA Veterans' Employment-Related Assistance Program, Training Accounts- $30,000

Page 619 of 1169 ends

STATEMENT OF WORK
For the Contract between the City of Richmond
And Oakland Private Industry Council, Inc.

EXHIBIT A.1

SERVICE PLAN
The [City of Richmond, Workforce Development Board], a member of the EASTBAY Works consortium (hereafter referred to as "the WDB"), adopts the following Statement of Work which reflects the activities to be performed by the Oakland Private Industry Council, Inc. on behalf of the WDB as a member of EASTBAY Works for the management of: the Eligible Training Providers List and the management of Individual Training Accounts, On-the-Job Training, and other training activities, and other EASTBA Y Works activities as described below. The activities described below are subject to regulations and guidelines that are, from time to time, modified by the U.S. Department of Labor and the California Employment Development Department and this Statement of Work may need to be amended or changed consistent with such modifications.

1. MAINTENANCE OF THE ETPL THROUGH COMMON PROCUREMENT
The four Workforce Development Boards ("WDBs") of the EASTBA Y Works collaborative agree to joint maintenance of the local application process and procedures for the State Eligible Training Provider List ("ETPL") in an effort to meet the needs of the local WDBs collectively and individually. The four WDBs of the EASTBA Y Works collaborative have agreed to contract with Oakland PIC to effectuate the maintenance of the ETPL, and the parties hereby agree to comply with the following procurement procedures in order to maintain the EASTBAY Works application process and procedures for the ETPL:

C. The Oakland PIC will provide technical assistance to providers as they complete the application process.

When an ETPL application is complete, the Oakland PIC will submit all necessary data to the responsible State agency for adding the new training provider to the statewide ETPL.

D. If an initial site visit is required of a new vendor an Oakland PIC staff member will carry out the site visit.

Monitoring of vendors will be performed in accordance with federal, state and local laws, regulations, policies, and procedures.

2. INDIVIDUAL TRAINING ACCOUNT AND ON-THE-JOB TRAINING SYSTEM The ETPL system provides all EASTBA Y Works One-Stop customers with comprehensive information about training and educational opportunities. Under WIOA, however, only certain qualifying individuals will receive an Individual Training Account ("ITA") to pay for such training. Oakland PIC and the four WDBs of the EASTBA Y Works collaborative have created an IT A system that meets the needs of the EASTBA Y Works system as a whole as well as the needs of each of the WDBs. Additionally a system for On-the-Job ("OJT") contracting services to enable WDB Title I Workforce Innovation and Opportunity Act clients to participate in OJT activities has also been developed. OJT is understood to have the meaning set forth in the Workforce Innovation and Opportunity Act of 2014 (WIOA) and its regulations. Oakland PIC agrees to provide the ITA, OJT and/or other goods and services processing, contracting and payment services for the EASTBAY Works WDBs. To that end, the parties hereby agree to comply with the following procedures in order to utilize Oakland PIC as a contracting and payment agent and in order to maintain consistent policies for IT As and OJTs in the EASTBAY Works collaborative region:

Page 1 of 7 ends

Page 620 of 1169 ends

B. The WDB will establish internal policies and procedures for matters related to ITAs/OJTs within its direct purview and control. These policies and procedures may include, but are not limited to, establishing the maximum amount of money the WDB will authorize for an IT A/OJT, and the process by which decisions are made regarding which WIOA participant may receive an ITA/OJT.

C. The WDB will provide the Oakland PIC with its current IT A/OJT- related policies and procedures to enable the Oakland PIC to administer the WDB's ITA/OJT funding in accordance with such policies. The WDB agrees that the Oakland PIC may rely on such policies and procedures in providing services under this agreement. The WDB agrees to hold harmless and indemnify the Oakland PIC against any damages that may arise from the Oakland PIC's reliance on such policies and procedures.

The Oakland PIC will maintain such current IT A/OJT -related policies and procedures as will enable it to administer the ITA/OJT system set forth in this agreement. The Oakland PIC agrees to hold harmless and indemnify the WDB against any damages that may arise from the Oakland PIC's use or failure to use those policies and procedures.

D. The WDB agrees to follow policies and processing procedures as listed in the "Counselor's Workflow Handbook", a copy of which is incorporated by reference. To the extent that additional or different procedures need to be established, Oakland PIC and the WDB will work together to establish procedures that work best for both the Oakland PIC and all four WDBs of the EASTBA Y Works Collaborative.

E. The Oakland PIC will provide the following services with regard to payment of approved training providers under this contract:
1) Establish and maintain a bank account for the WDB that shall hold funds specifically for payment to approved training providers for WDB-referred clients according to the guidelines for payment set forth below.
2) The Oakland PIC will ensure earned interest on that account is credited monthly to that account. 3) Draw down from impou'nd account and invoice the WDB for ITA funds expended for WDB-referred client training. The Oakland PIC shall keep copies of invoices with attached copies of approved training provider invoices for ITA services provided to WDB-referred clients and shall make those copies available upon reasonably noticed request by WDB. 4) Make reasonable and necessary payments to approved training providers or employers for actual allowable costs from impound account, based on invoices received by the Oakland PIC from approved providers and which have been authorized by the WDB on behalf of the WDB's client.

For purposes of payment to an approved provider, Oakland PIC shall accept from the WDB's designated operator, the signatures of the referring counselor and the management level individual authorized to approve ITAs and OJTs for the WDB. If both signatures are present, Oakland PIC shall assume that particular training has been approved and shall process it for payment without responsibility for the propriety of the approval.
5) Return to the WDB the balance of the bank account not more than thirty (30) days following contract termination unless the WDB has failed to provide Oakland PIC with necessary information to process the close-out pursuant to the agreement, in which case, Oakland PIC shall return the balance not more than forty-five (45) days from receipt of such necessary information, if any. The WDB may request that the account remain active if an extension or renewal of this contract is anticipated.

Only when all procedures as outlined in the Counselor's Workflow Handbook have been satisfied will the Oakland PIC withdraw the previously obligated funds from the training account and pay the

Page 2 of 7 ends

Page 621 of 1169 ends

eligible training provider/employer on behalf of the WDB. After final payment is made Oakland PIC will enter as "paid" and the total dollar amount paid in the "Grant Checkbook".

F. The WDB understands that when a Career Counselor faxes or emails the Oakland PIC an ITA/OJT Payment Authorization Form that has been approved by the One-Stop manager, the WDB is officially directing the Oakland PIC to pay the Purchase Order that had previously been authorized by the WDB with the funds that had been previously obligated and deposited in the training account. The WDB agrees to hold harmless and indemnify the Oakland PIC against any damages that may arise from the Oakland PIC's reliance on the WDB's delivery of the properly signed ITA/OJT request form, by fax, email or otherwise, to the Oakland PIC.

The Oakland PIC agrees to hold harmless and indemnify the WDB against any damages that may arise from the Oakland PIC's negligence in administering its responsibilities under this agreement.

G. Modifications and Cancellations will be processed pursuant to the procedures listed in the "Counselor's Workflow Handbook" and all refunds/payments shall be made according to the pro-rata payment policy obtained from the approved vendor.

H. Richmond WDB's Obligations: The WDB shall pay the Oakland PIC for services under the agreement as set forth in the Payment Provisions. In addition, the WDB shall:
1) Authorize the Oakland PIC to contract with and make payments to approved training providers on behalf of the WDB.
2) Ensure that the WDB refers clients for ITA training activities. 3) Ensure that WDB agrees to and adheres to the Oakland PIC's procedures for processing ITAs/OJTs as outlined in the "Counselor's Workflow Handbook" provided by the Oakland PIC and incorporated by reference into this contract. If any WDB policies or procedures for ITA/OJT contracting or processing are different from the Oakland PIC's, the WDB is responsible for carrying out those policies and procedures. In any event, the WDB ensures that the WDB's policies and procedures do not conflict with the Oakland PIC's.
4) Ensure that the WDB inputs client data into relevant WDB information and case management systems, into the Virtual One Stop Computerized Database (CaiJOBSNOS) system, and the Checkbook system utilized by the Oakland PIC and the WDB in processing ITA/OJT requests.

3. GOODS AND SERVICES
In addition to Individual Training Account (ITA) purchase orders, ETPL systems operations and On-the-Job Training (OJT) contracts; this contract authorizes the Oakland Private Industry Council, Inc. (Oakland PIC), to purchase goods and services, as directed, on behalf of the EASTBA Y Works Workforce Development Boards (WDB).

FUNDING THE MAINTENANCE OF AN APPROVED PROVIDER LIST
Each of the EASTBA Y Works Workforce Development Boards (WDB) promises to take such steps as are necessary to secure funding to maintain this system and process within the context of the EASTBA Y Works One-Stop system.

Each party to this agreement agrees to cooperate fully with the other to ensure that all necessary funding is secured in a timely manner.

1. CONTRACTING AGENCY SERVICES
In order to implement the ITA, OJT, and/or other goods and services contracting system described above, the Oakland PIC agrees to provide the following contracting agency services to the WDB:

A. Bank Account: Oakland PIC will open/maintain a bank account that will be used solely for said (ITA, OJT, and/or other goods and services) contracting agency purposes.

Page 3 of 7 ends

Page 622 of 1169 ends

B. Minimum Balance: The WDB will deposit the total amount of training funds, $141,645 into the training account and will maintain $10,000.00 as a minimum balance throughout the contract period. This amount will be applied against any outstanding amounts due the Oakland PIC at the termination of the contract, if any. The balance will be returned to the WDB within 45 days following the close of the contract.

If the WDB has expended all funds it has budgeted for the program year for ITA, OJT, and/or other goods and services, and needs to apply its minimum balance towards funding additional ITAs, OJTs, and/or other goods and services, the WDB must provide the Oakland PIC with at least 15 days' notice before the WDB authorizes expenditures that would draw down against the minimum balance. The WDB understands that the Oakland PIC is unable to apply its own funds towards any of the WDB's obligations.

2. ADMINISTRATIVE COSTS OF SERVICE ACTIVITIES
In consideration for providing administration services for the training system described in this agreement, and for the contracting agency services described in Section 1., the WDB agrees to pay Oakland PIC a total amount of no more than $12,877 as administrative costs of providing the services described, based on a maximum of $128,768 worth of ITAs, OJTs and/or other goods and services that are processed. Should the WDB wish to add more funds to its account with Oakland PIC and have Oakland PIC process additional ITAs, OJTs and/or other goods and services, the Oakland PIC shall receive an additional increase in administrative cost reimbursement in proportion to the funds in excess of the original contract limit for all additional $128,768.

The administrative costs will be payable to Oakland PIC upon receipt of a monthly invoice detailing costs.

SPECIAL CONDITIONS

1. TERM: This agreement will commence upon (November 19, 2019) and terminate as of the close of business on (June 30, 2021), unless earlier terminated in accordance with the terms contained herein. The agreement may be renewed upon mutual written agreement of the parties.

2. MODIFICATION: This agreement may be modified or terminated prior to its completion date by agreement of the parties as indicated by a mutually signed document. Either party may unilaterally terminate this agreement so long as the terminating party provides notification 30 days in advance in writing of the effective termination date, the reason for termination of the agreement, and procedures to be used for concluding all activities relating to the agreement. The Oakland PIC will not be liable for any new obligations incurred by the WDB after Oakland PIC has received such notice of termination.

3. COMPLIANCE WITH LAW: Each party agrees to comply with and abide by all of the following laws and regulations which are incorporated by reference herein as if fully set forth: Public Law 113-128; 20 CFR Part 645; 29 CFR Part 97 (including but not limited to Part 97.36 (1-13)); OMB Circular Numbers A 133, A21, A87, A122 (as applicable). Additionally, the parties agree to comply with all of the terms and conditions set forth in this agreement; any and all attachments to this agreement which are made a part hereof; and all applicable documents incorporated by reference.

4. PARTIES TO THE AGREEMENT: Neither the Federal Government represented by the U.S. Department of Labor nor the State of California is a party to this agreement, and no legal liability on the part of any of them is implied under the terms contained herein. Any liabilities or disputes as may arise under this agreement are between the WDB and the Oakland PIC and shall be resolved informally, if possible, or if not possible, under the applicable laws of the State of California.

Page 4 of 7 ends

Page 623 of 1169 ends

5. INDEMNIFICATION: The WDB will indemnify, defend and hold harmless the Oakland PIC, Inc., its officers, agents and employees from any and all liabilities and claims of any nature or damages of any character whatsoever, including death, sickness or injury to persons or property from any cause whatsoever arising from or connected with the operations of or services provided by the WDB resulting from the conduct, negligent or otherwise in whole or in part, of the WDB, its agents, representatives, or employees to the extent permitted by law.

6. RECORD RETENTION: Each party will comply with 29 CFR Part 97, Section 97.42, and WIOA Section 185(a) with regard to retention and access requirements for records. The parties are required to keep all relevant WIOA (and its predecessor WIA) records for a minimum of 4 years. In the event that any litigation occurs within the 4 year period, each party promises that relevant records will be retained beyond the 4 year period, and until such time as the litigation, claim or audit has been resolved Each party agrees to maintain on a current basis complete financial records including, but not necessarily limited to, books of original entry, source documents in support of accounting transactions, a general ledger, personnel and payroll records, cancelled checks, and related documents in accordance with generally accepted accounting principles.

Each party will cooperate with the other in the preparation of, and will furnish any and all information required for, reports prepared by either party relating to the subject matter of this agreement or as may be required by the rules, regulations or requirements of any and all EASTBA Y Works WDB or other governmental entity, or the Oakland PIC or applicable funding source. The requesting party will specify in detail the cooperation required.

7. GRIEVANCEs: WIOA participant grievances or employee grievances arising under the either party's WIOA programs will be limited to the interpretation and application of relevant Federal, State, and local laws, regulations, policies and procedures. Such grievances will not include interpretation of the contents of this agreement. Resolution of these types of grievances will be in accordance with policy established by the relevant party and will not involve the other party in the proceedings.

8. INSURANCE: During the term of the agreement and any extension thereof, each party will keep in effect its self-insured or other insurance policies as are required by law; and provide coverage that may be required by the performance of the agreement in the following minimum requirements:

Page 5 of 7 ends

Page 624 of 1169 ends

B. General Liability Coverage in the amount of 2 million dollars ($2,000,000) including but not necessarily limited, to, the following:
1) Coverage for any loss including fire and theft of any and all non-expendable items; 2) Accident coverage on an "occurrence" basis;
3) Coverage of both personal injury and bodily injury; and 4) The Oakland PIC, its officers, employees and agents named as additional insured under the policy; and provide that no other insurance effected by Oakland PIC will be called upon to contribute to a loss hereunder.

C. Auto Liability Coverage in the amount of $1,000,000 to provide for coverage of owned and non owned vehicles used in connection with the performance of the Contract.

9. AVAILABILITY OF FUNDING: All funding that may be committed under this agreement is contingent upon the availability of federal funds and continued federal authorization for program activities. This agreement is subject to modification or termination due to actions taken by the federal government that result in a frustration of agreement purpose. Further, the parties agree to accept, and add to this agreement, any conditions imposed by the U.S. Department of Labor or relevant state agency.

10. FRAUDULENT USE OF FEDERAL FUNDS: The WDB will advise the Oakland PIC directly and immediately of any apparent improper or fraudulent use of WIOA funds which comes to its attention; or of any apparent supplying of misinformation to the Oakland PIC or its representatives, per WIOA regulations and per WIOA Section 185(b), 20 CFR 683.430 and 683.620, and TEGL 2-12, which require that all instances of fraud, waste and abuse and criminal activity be reported to OIG and to State of California Compliance Review Division.

11. DRUG FREE WORKPLACE: Each party, by signing this agreement, agrees to comply with the Drug Free Workplace Act of 1988.

12. CoNFIDENTIALITY OF FILES: Each party will maintain the confidentiality and security of all participant files and no information may be divulged to any outside party without the express written permission of the WIOA participant except, as necessary for purposes of performance or evaluation to persons having authorized responsibility and to the extent necessary for proper administration.

13. WORKPLACE SAFETY: Each party assures that it is in compliance with all applicable federal, state, and local laws governing work place health and safety conditions, payment of wages, collective bargaining, labor relations, and any other regulations affecting personnel which are mandated by law or legal agreement.

14. COPYRIGHTS: Each party will comply with applicable federal and state laws pertaining to copyrights which states in its entirety: "The Federal awarding agency reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee, subgrantee or contractor purchases ownership with grant support."

15. UNLIMITED RIGHTS IN DATA: Each party understands that the Department of Labor shall have unlimited rights to any data first produced or delivered under this agreement.

16. CONFLICT OF INTEREST: Each party and the members of its governing board, and persons under its employ shall avoid any actual or potential conflicts of interest or circumstances of nepotism

17. DEBARMENT: Each party to this agreement certifies that: Neither it nor its principals or employees are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.

Page 6 of 7 ends

Page 625 of 1169 ends

this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the DOL may pursue available remedies, including suspension and/or debarment.

18. AccoUNTING SYSTEM: The Oakland PIC will maintain an accounting system, which is in accordance with generally, accepted accounting practices and is in accordance with the Financial Management Systems described in applicable U. S. Department of Labor, Office of Management of Budget Circulars.

19. FINANCIAL MANAGEMENT AND AUDIT: The Oakland PIC will comply with all financial management and fiscal procedures prescribed by WIOA legislation, the Department of Labor, and the State of California, and the Oakland PIC, including audit and contract close-out procedures, and reimbursement of costs.

The records kept by the Oakland PIC that relate to this agreement will be accessible to the WDB and to the local responsible governmental agency for audit and inspection to assure proper accounting of funds, and to certify the nature of, and evaluate the Oakland PIC's performance of its obligations set forth in this agreement. The WDB and the local responsible governmental agency will be entitled to access onto the Oakland PIC's premises to observe operations, inspect records or otherwise evaluate performance provided that at least 15 days notice of request for access is provided in writing to the Oakland PIC. The WDB or the local responsible governmental agency will conduct inspections and manage information in a manner consistent with applicable laws relating to confidentiality of records and in a manner that will minimize disruption of the Oakland PIC's work.

Separate and apart from the audit and inspection provisions set forth in this agreement, each party's records will be subject to audits as required by Federal or State agencies or other funding sources. These audits include those performed pursuant to applicable OMB Circulars, or audits otherwise authorized by Federal or State law.

20. AUTHORITY: Each party has the full power and authority to enter into and perform this agreement, and the person signing this agreement on behalf of each party has been properly authorized and empowered to do so.

21. SEVERABILITY: If any term, covenant, or condition of the agreement is held by a court of competent jurisdiction to be valid, void, or unenforceable, the rest of the agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated, unless such enforcement will frustrate the purpose of this agreement.

22. LOBBYING: Contractor will comply as applicable with all provisions of state and federal lobbying laws and regulations pursuant to Section 1352, Title 31 of the U.S. Code, and 34 CFR Part 82.

23. AUDIT REQUIREMENTS: Contractor will comply as applicable with federal and state audit requirements as contained in OMB Circular A-133, WIOA section 184, Title 20 CFR Section 683.210, Title 29 CFR Part 95 or 97 (as applicable), Title 31 USC Chapter 75 and with the California Nonprofit Integrity Act of 2004, Section 12586.

24. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties, superseding any prior written or oral agreements between and among them on the same subject matter.

Page 7 of 7 ends

Page 626 of 1169 ends

For the Contract between the City of
Richmond and
Oakland Private Industry Council, Inc.

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT 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: Rosemary Viramontes Department: Employment & Training PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Rosemary Viramontes before payments shall be authorized.

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

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.

Page 627 of 1169 ends

EXHIBIT C
For the Contract between the City of
Richmond and
Oakland Private Industry Council, Inc.

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:

Rosemary Viramontes
City of Richmond
330-25th Street
Richmond CA 94804-0046

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

Robin Revaneau
Oakland Private Industry Council, Inc.
268 Grand Ave
Oakland, CA 94610

Page 628 of 1169 ends

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 1 of 13

Page 629 of 1169 ends

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 2 of 13

Page 630 of 1169 ends

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 Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these 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 3 of 13

Page 631 of 1169 ends

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 staffs determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staffs 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 4 of 13

Page 632 of 1169 ends

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 5 of 13

Page 633 of 1169 ends

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.

15.1ndemnification.
(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 6 of 13

Page 634 of 1169 ends

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 ~ny 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 7 of 13

Page 635 of 1169 ends

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.

17.1nsurance. 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 8 of 13

Page 636 of 1169 ends

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.

21.1ntegration. 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 9 of 13

Page 637 of 1169 ends

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 10 of 13

Page 638 of 1169 ends

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. Non renewal. 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.

33.1nterpretation. 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/EJffE 01-19-11 11 of 13

Page 639 of 1169 ends

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 1 07), 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 12 of 13

Page 640 of 1169 ends

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.

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

Page 641 of 1169 ends

For the Contract between the
City of Richmond and
Oakland Private Industry Council, Inc.

EXHIBIT E

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

Workforce Innovation and Opportunity Act Required Contract Special Conditions The Contractor Assures and Certifies that:

1. It will comply with the requirements of the Workforce Innovation and Opportunity Act, hereafter referred to as WIOA, and with the regulations and policies promulgated hereunder.

2. For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under Section 504 of the Rehabilitation Act, on the basis of sex under Title IX of the Education Amendments 1972, or on the basis of race, color, or national origin under Title VI of the Civil Rights Act of 1964, programs and activities funded or otherwise financially assisted in whole or in part under this contract are considered to be programs and activities receiving Federal financial assistance.

3. It shall act in accordance with Title VI of the Civil Rights Act of 1964, and provisions of WIOA Section 188 and compliance with Equal Employment Opportunity provision in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60 "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

4. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any such program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief.

5. As an amendment to the Patent/Copyright and Access to Records provisions in "Exhibit D":

OMB Circular A-11 0 Subpart C Section 36 - Intangible property. The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. DOL reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

6. It will comply with OMB Circular Number A-11 0, Subpart C Post-Award Requirements; Financial and Program Management; Property Standards; Sec. (37) Intangible Property. This circular sets forth standards for obtaining consistency and uniformity among Federal agencies in the administration of grants to and agreements with institutions of higher education, hospitals, and other non-profit organizations.

Page 642 of 1169 ends

7. OMB Circular A-11 0 Subpart C Section 48 - Contract Provisions. All negotiated contracts (except those for less than the simplified acquisition threshold) awarded by recipients shall include a provision to the effect that the recipient, DOL, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts and transcriptions.

8. It will comply with OMB Circular Numbers A-122 or A-133 as these circulars relate to the utilization of fields, the operation of programs and the maintenance of records, books, accounts, audits, audit plans and other documents.

9. It will comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act.

10. It will comply with Title VI of the Civil Rights Act of 1964, as amended, (P.L. 88-354) and in accordance with the Title VI of the Act. No person in the United States shall on the grounds of race, color, age, sex, ancestry, religious creed, or national origin, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance.

11. It will comply with Section 504 of the Rehabilitation Act, as amended, (29CFR, Part 32) Final Rules and Regulations. No qualified handicapped individuals shall, on the basis of handicap, be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted refugees and parolees, and other individuals authorized by the United States Attorney General to work in the United States.

12. Whistleblower Protection: The contractor awarded funds made available under WIOA shall promptly refer to the U.S. Department of labor Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub-recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds.

13. It will comply with the provisions of the Hatch Act, which limits the political activity of employees.

14. The services contracted under this contract do not involve political activities.

15. It will give the Employment and Training Director, through any authorized representative, the access to and the right to examine all records, books, papers or documents relative to this contract.

16. It will establish safeguards to prohibit employees from using their position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business or other ties.

17. It will give the Department of Labor, the City and the State of California, through any authorized representative, the access to and the right to examine all records, books, papers, or documents related to the grant.

Page 643 of 1169 ends

18. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed.

19. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants.

20. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs and other policies as may be necessary to promote the effective use of funds.

21. It will submit reports as required by the Employment and Training Department and will maintain records and provide access to them as necessary for the City staff's review to assure that funds are being expended in accordance with the purpose and provisions of the WIOA, including the maintenance of records for determining the extent to which the program meets the special needs of the disadvantaged, the chronically unemployed, dislocated and low income persons for meaningful employment opportunities.

22. It will comply with all requirements imposed by the Department of Labor (DOL) and for the City concerning special requirements, and other administrative requirements.

23. It will comply with the labor standards requirements.

24. In signing this contract, Contractor agrees to immediately notify the City of Richmond (COR) of their intent to obtain a copyright or patent for material written or items during this contract or subsequent to it. The COR will then notify the U. S. Department of Labor (DOL) and the State of California Employment Development Department (EDD) who will determine whether either or both government entities have any rights regarding the copyright or patent developed during the course of this Contract.

25. It will comply with the mandatory standards and policies related to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy Conservation Act (Public Law 96-163) --- per reference at 29 CFR 97.36(i)(13).

26. It shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each contractor or sub-recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

Page 644 of 1169 ends

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions.

C. Contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Orders 12549 and 12689; Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211 ). 1) The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2) Where the prospective recipient of Federal assistance funds is unable to certify to any of this certification, such prospective participant shall attach an explanation to this certification.

TRANSFER AND SUBCONTRACTS: This Contract shall not be assigned or transferred, and services required hereunder shall not be subcontracted either in whole or in part.

TERMINATION: This Contract may be terminated by the City, in whole or in part, should any of the procedures or commitments herein be violated.

SPECIAL CONDITIONS
Certification Regarding Drug Free Workplace
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
a. The dangers of drug abuse in the workplace
b. The person's or organization's policy of maintaining a drug-free workplace c. Any available counseling, rehabilitation and employee assistance program, and d. Penalties that may be imposed upon employee for drug abuse violations 3) Provide as required by Government Code Section 8355 that every employee who works in the proposed organization
a. Will receive a copy of the organization's drug-free policy statement, and b. Will agree to abide by the terms of the organization's statement as a condition of employment in the organization

Page 645 of 1169 ends

For the Contract between the City of
Richmond and
Oakland Private Industry Council, Inc.

EXHIBIT E

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

Page 646 of 1169 ends

For the Contract between the City of
Richmond and
Oakland Private Industry Council, Inc.

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.

Page 647 of 1169 ends

Exhibit F
Section 8
City of Richmond -Insurance Requirements- Type 1:

Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or prov iding services, the City requires the following MINIMUM insurance requirements and limits .

CONTRACTOR shall procure and ma intain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons o ~ 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 acqu ire 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 fo r general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements .

City reserves the right to modify or require additional coverages for spec ific 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 pol icy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers' Compensation and Builder 's Risk/ Course of Construction Insurance .

6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. - (Only required for Construction Contracts involving property)

7. Contractor 's Pollution Liabil ity (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers' Compensation and
Employers' Liability
Revised: September 2011
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.uslindex.aspx?nid=61 .

Type 1 - Page 1 of 4

Page 648 of 1169 ends

Exhibit F
Section 8
City of Richmond -Insurance Requirements- Type 1:

Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
Builders' Risk/Course of
Construction - Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Contractor's Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

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

Required Policy Conditions
A. M. Best Rating
Additional Insured Endorsement
Revised: September 2011

PROJECT COST REQUIRED LIMIT
----------------------------------------- -----------------------------------------$0 - $5 million $2 million p/o ~ ~~~~~~~~~~~iii}?~~~~~!~~ ~~iiiJ?~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~0~ii1I?~~ PZ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ------------ Qy_~~ -~~9- !l.:l!IJ ~C?_~---- -------- ------------ -~ ~9- !l.:l!IJ~C?.~ J?[~_--- --------- Fireworks $5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
$1,000,000 per occurrence for bodily injury and property damage.

Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

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

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all r!ghts of subrq_gation ag_ainst City_.

Same limits as General Liability.

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.

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

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

Type 1 - Page 2 of 4

Page 649 of 1169 ends

Exhibit F
Section 8
City of Richmond - Insurance Requ irements -Type 1:

Consultants and Contractors
Additional Insured Endorsement SAMPLE Endorsements can be found at (continued) httQ.: {_{_www. ci.richmond. ca.us{.index.asQ.x?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 Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers Compensation and Builder's Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
httQ.: {_{_www.ci.richmond.ca.us{.index.asQ.x?nid=61
Deductibles and Self-Insured Any deductible or self-insured retention must be declared to and approved Retentions by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self- insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses .

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

Loss Payable Endorsement (only Applicable to Builder's Risk/Course of Construction naming the City of required when Builder's Risk Richmond as Loss Payee.
and/ or Course of Construction
Insurance is required.)
SUR ETY BONDS The Contractor shall provide:
( I f a Public Works/Engineering 1. A Bid bond
Project) 2. A Perform a nee Bond

3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbre lla or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specif ied for underlying coverages and cover those insured in the underlying policies .

Claims-Made Policies
If any insurance policy is written on a claims -made fo rm: 1) the retroact ive 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 prov ided for at least five (5) years aft~r complet ion 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 subcontracto rs 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 indemn ify 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, includ ing, without limitat ion, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be lim ited by the amount of the required insurance coverage .

Type 1 - Page 3 of 4
Revised: Septembe r 2011

Page 650 of 1169 ends

City of Richmond -Insurance Requirements- Type 1:

Consultants and Contractors
Verification of Coverage
Exhibit F
Section 8
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until i·nsurance 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.

Type 1 - Page 4 of 4
Revised: September 2011

Page 651 of 1169 ends

___......._, OAKLPRI-01 RNUNEZ

ACORD' CERTIFICATE OF LIABILITY INSURANCE J

DATE (MM/DDIYYYY)
\.-....-- 7/9/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER License# 0757776 ~2AA~~cT Raquel Nunez
HUB International Insurance Services Inc. rlJ8,NJo, Ext}: I FAX . 548 W Cromwell Avenue, Suite 101 - .. ·- ·- ·-- .. o.T- -·- (AIC, No}:

Fresno, CA 93711 - ~o't1J~s-s: [email protected] INSURER(S} AFFORDING COVERAGE NAIC#
INSURER A: Philadelphia Insurance
INSURED INSURERS:

Oakland Private Industry Council INSURERC:
268 Grand A venue INSURER D:

Oakland, CA 94610
INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

A X COMMERCIAL GENERAL LIABILITY
=o CLAIMS-MADE [K] OCCUR
------------
!------ -----------
11 GEN.'LAGGREGATE LIMIT APPLIES PER:

POLICY D ~~8,= D LOG
OTHER:

A AUTOMOBILE LIABILITY
'--

ANYAUTO
- OWNED ,---- SCHEDULED
_ AUTOS ONLY ,---- AUTOS
_!__ ~l)\-1fg ONLY __!__ ~8¥o~~~l~
A X UMBRELLA LIAB w OCCUR
- EXCESS LIAB n CLAIMS-MADE
OED I X I RETENTION$ 10,000

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY YIN

ANY PROPRIETOR/PARTNER/EXECUTIVE D
QFFICER/MiMBER EXCLUDED? (Mandatory n NH)
g~;~~jtff~N ~~~PERATIONS below
A Abuse or Molestation
A Professional Liab
X
N/A
PHPK1936902
PHPK1936902
PHUB663555
PHPK1936902
PHPK1936902
3/16/2019
3/16/2019
3/16/2019
3/16/2019
3/16/2019
LIMITS
EACH OCCURRENCE $ 1,000,000
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMPIOP AGG $
$
3/16/2020 E;!ODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
$

EACH OCCURRENCE
3/16/2020 AGGREGATE $
$
I ~ffTuTE I I ~~H-
E.L. EACH ACCIDENT $
E.L. DISEASE· EA EMPLOYEE $
E.L. DISEASE- POLICY LIMIT $
3/16/2020 Occ $1M/ Agg $1M
3/16/2020 Occ $1M/ Agg $2M
1,000,000
2,000,000
2,000,000
1,000,000
3,000,000
3,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Richmond, its officials, officers, agents, and employees shall be named as addtional insured (sJ as respects to the General Liability Endorsement Attached: CG20 26 0413

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Richmond Employment THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Program Manager City of Richmond
ACCORDANCE WITH THE POLICY PROVISIONS.
450 Civic Center Plaza
Richmond, CA 94804 AUTHORIZED REPRESENTATIVE
I
~tfk_
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

Page 652 of 1169 ends

POLICY NUMBER: PHPK1936902 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
· ~ -This endorsement modifies insurance provided under the following:-~ ·

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organizations(s):

City of Richmond, its officials, officers, agents, and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended
to include as an additional insured the
person(s) or organization(s) shown in the
Schedule, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in
part, by your acts or omissions or the acts or
omissions of those acting on your behalf:

1. In the performance of your ongoing
operations; or

2. In connection with your premises owned
by or rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent
permitted by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.

B. . With respect to the insurance afforded to
these additional insureds, the following is
added to Section Ill - Limits Of Insurance:

If coverage provided to the additional insured
is required by a contract or agreement, the
most we will pay on behalf of the additional
insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 20 26 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1

Page 653 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Mayor's Office

DATE: March 1, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Rare Disease Day – February 28, 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 2008, the European Organisation for Rare Diseases
recognized Rare Disease Day to raise awareness for rare diseases and improve access to treatment and medical
representation for individuals with rare diseases and their families.

RECOMMENDED ACTION:

PROCLAMATION declaring February 28, 2022 as Rare
Disease Day in the City of Richmond – Mayor’s Office
(Mayor Tom Butt 510-620-6503).

DISCUSSION:

According to the National Institutes of Health, there are nearly 7,000 rare diseases and conditions that affect almost 30 million Americans, many of which are serious and debilitating conditions that have a significant impact on the lives of those affected.

AGENDA
REPORT

Page 654 of 1169 ends

Page 2 of 2 ends

March 1, 2022
According to the Food and Drug Administration, while more than 450 drugs and biologics have been approved for the treatment of rare diseases, millions of Americans still have rare diseases for which there is no approved treatment.

Individuals and families affected by rare diseases often experience problems such as diagnosis delay, difficulty finding a medical expert, and lack of access to treatments or ancillary services. While the public is familiar with some rare diseases such as “Lou Gehrig’s disease” and sympathetic to those affected, many patients and families affected by less widely known rare diseases bear a large share of the burden of funding research and raising public awareness to support the search for treatments.

To learn more, you can visit the website for the National Organization for Rare Disorders (www.rarediseases.org), a patient advocacy organization that is dedicated to individuals with rare diseases and the organizations that serve them and is committed to the identification, treatment, and cure of rare disorders through programs of education, advocacy, research, and patient services.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring February 28, 2022 as Rare Disease Day in the City of Richmond

Page 655 of 1169 ends

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring February 28, 2022 as Rare Disease Day

WHEREAS, in 2008, the European Organisation for Rare Diseases recognized Rare Disease Day to raise awareness for rare diseases and improve access to treatment and medical representation for individuals with rare diseases and their families; and

WHEREAS, according to the National Institutes of Health , there are nearly 7,000 rare diseases and conditions that affect almost 30 million Americans , many of which are serious and debilitating conditions that have a significant impact on the lives of those affected; and

WHEREAS, according to the Food and Drug Administration , while more than 450 drugs and biologics have been approved for the treatmen t of rare diseases , millions of Americans still have rare diseases for which there is no approved treatment; and

WHEREAS, individuals and families affected by rare diseases often experience problems such as diagnosis delay, difficulty finding a medical expert, and lack of access to treatments or ancillary services; and

WHEREAS, while the public is familiar with some rare diseases such as “Lou Gehrig’s disease” and sympathetic to those affected, many patients and families affected by less widely known rare diseases bear a large share of the burden of funding research and raising public awareness to support the search for treatments; and

WHEREAS, to learn more, you can visit the website for the National Organization for Rare Disorders, a patient advocacy organization that is dedicated to individuals with rare diseases and the organizations that serve them and is committed to the id entification, treatment, and cure of rare disorders through programs of education, advocacy, research, and patient services.

NOW, THEREFORE, BE IT RESOLVED , that the Richmond City Counc il do es hereby declare February 28, 202 2 as Rare Disease Day in the City of Richmond and encourage s all residents, government agencies, private businesses, non -profit organizations, and other groups to participate in this observance and visit www.rarediseases.org for more information.

___________________________
Mayor Tom Butt
City of Richmond, California
March 1, 2022

Page 656 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Mayor's Office

DATE: March 1, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Women’s History Month – March 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 1978, the school district of Sonoma, California
recognized Women’s History Week to highlight the
contributions of women to events in history and
contemporary society. In 1980, President Jimmy Carter
issued a presidential proclamation recognizing Women's
History Week, which was followed by the United States
Congress recognizing Women’s History Week in 1981
and Women’s History Month in 1987.

RECOMMENDED ACTION:

PROCLAMATION declaring March 2022 as Women’s
History Month in the City of Richmond – Mayor’s Office
(Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

Page 657 of 1169 ends

Page 2 of 2 ends

March 1, 2022
DISCUSSION:

The history of women in Richmond is one of steadfast determination, resilience, and perseverance, including the critical role women have played in the development of our society from contributions during World War II on the Home Front to current leadership roles in the public sector, nonprofits, and local business.

The City of Richmond is proud of the many women-owned businesses and entrepreneurs that contribute to the health and success of our local communities by creating job opportunities for residents, supporting community initiatives, demonstrating effective leadership, excelling in male-dominated industries, and helping revitalize our economy. The City of Richmond recognizes the leadership efforts made by women of all ages who work tirelessly to advance gender equity, promote safety, and improve the quality of life for all people who live, work, and play in our city. The City of Richmond support efforts that honor the indispensable contributions of women to our culture, economy, history, and heritage.

March 8, 2022 is International Women’s Day, with the theme: “Breaking the Bias,” and for the 15th annual celebration, the City of Richmond and Sisters in Solidarity are asking community members and organizations to post pictures of themselves striking the 2022 pose (crossing your arms) with the hashtags #IWD2022, #BreakTheBias, and #SIS2022.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring March 2022 as Women’s History Month in the City of Richmond

Page 658 of 1169 ends

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring March 2022 as Women’s History Month

WHEREAS, in 1978, the school district of Sonoma, California recognized Women’s History Week to highlight the contributions of women to events in history and contemporary society; and

WHEREAS, in 1980, President Jimmy Carter issued a presidential proclamation recognizing Women's History Week , which was followed by the United States Congress recognizing Women’s History Week in 1981 and Women’s History Month in 1987; and

WHEREAS, the history of women in Richmond is one of steadfast determination, resilience, and perseverance, including the critica l role women have played in the development of our society from contributions during World War II on the Ho me Front to current leadership roles in the public sector, nonprofits, and local business; and

WHEREAS, the City of Richmond is proud of the many women -owned businesses and entrepreneurs that contribute to the health and success of our local com munities by creating job opportunities for residents, supporting commu nity initiatives, demonstrating effective leadership, excelling in male-dominated industries, and helping revitalize our economy; and

WHEREAS, the City of Richmond recognizes the lead ership efforts made by women of all ages who work tirelessly to advance gen der equity, promote safety, and improve the quality of life for all people who live, work, and play in our city; and

WHEREAS, March 8, 2022 is International Women’s Day, with the theme: “Breaking the Bias,” and for the 15 th annual celebration, the City of Richmond and Sisters in Solidarity are asking community members and organizations to post pictures of themselves striking the 2022 pose (crossing your arms) with the hashtags #IWD2022, #BreakTheBias, and #SIS2022.

NOW, THEREFORE, BE IT RESOLVED , that the Richmond City Council do es hereby declare March 2022 as Women’s History Month in the City of Richmond and supports efforts honoring the indispensable contributions of women to our culture, economy, history, and heritage.

___________________________
Mayor Tom Butt
City of Richmond, California
March 1, 2022

Page 659 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Mayor's Office

DATE: March 1, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Prescription Drug Abuse Awareness Month
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

When used as prescribed by a doctor, prescription drugs, such as stimulants, sedatives, and opioids, can be helpful in treating many illnesses; but when these medications
are misused, they can have serious consequences, such
as altered thoughts and judgment, addiction, drugged
driving, infectious disease, and adverse effects on
pregnancy.

RECOMMENDED ACTION:

PROCLAMATION declaring March 2022 as Prescription
Drug Abuse Awareness Month in the City of Richmond –
Mayor’s Office (Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

Page 660 of 1169 ends

Page 2 of 2 ends

March 1, 2022
DISCUSSION:

Prescription opioid overdose deaths also often involve benzodiazepines, which are central nervous system depressants used to sedate, induce sleep, prevent seizures, and relieve anxiety, of which the CDC recommends avoiding taking while taking prescription opioid.

In 2020, there were 478,723 opioid prescriptions given to patients in Contra Costa County, which is an age-adjusted rate of 347.4 per 1,000 residents, higher than the state rate of 333.34, and a total of 16,537 emergency department visits occurred in California that were related to any opioid overdose, 93 of which occurred in Contra Costa County. Provisional data from the Center for Disease Control and Prevention indicates that in the 12-month period ending in April 2021, overdose deaths from synthetic opioids, primarily illicitly manufactured fentanyl, and deaths from natural and semi-synthetic opioids, such as prescription pain medication, increased, and of the estimated 100,306 drug overdose deaths nationally, 161 of those occurred in Contra Costa County.

The Alcohol, Marijuana, and Prescription Drug Coalition engages youth and adult stakeholders from across the county to participate in activities to raise about prescription drug safety awareness, promote safe medication storage and disposal and ensure naloxone is available for those at high risk of opioid related overdose. The City of Richmond encourages all community members to participate in prescription drug abuse related prevention programs and activities and to pledge to “Spread the Word… One Pill Can Kill.”

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring March 2022 as Prescription Drug Abuse Awareness Month in the City of Richmond

Page 661 of 1169 ends

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring March 2022 as Prescription Drug Abuse Awareness Month

WHEREAS, when used as prescribed by a doctor, prescription drugs, such as stimulants, sedatives, and opioids, can be helpful in treating many illnesses, but when these medications are misused, they can have serious consequences , such as altered thoughts and judgment, addiction, drugged driving, infectious disease, and adverse effects on pregnancy; and

WHEREAS, prescription opioid overdose deaths also often involve benzodiazepines , which are central nervous system depressants used to sedate, induce sleep, prevent seizures, and relieve anxiety, of which the CDC recommends avoiding taking while taking prescription opioids; and

WHEREAS, in 2020, there were 478,723 opioid prescriptions given to patients in Contra Costa County, which is an age-adjusted rate of 347.4 per 1,000 residents, higher than the state rate of 333.34, and a total of 16,537 emergency department visits occurred in California that were related to any opioid overdose, 93 of which occurred in Contra Costa County; and

WHEREAS, provisional data from the Center for Disease Control and Prevention indicate s that in the 12-month period ending in April 2021 , overdose deaths from synthetic opioids, primarily illicitly manufactured fentanyl, and deaths from natural and semi-synthetic opioids, such as prescription pain medication, increased , and of the estimated 100,306 drug overdose deaths nationally, 161 of those occurred in Contra Costa County; and

WHEREAS, the Alcohol, Marijuana, and Prescription Drug Coalition engage s youth and adult stakeholders from across the county to participate in activities to raise a bout prescription drug safety awareness, promote safe medication storage and disposal and ensure naloxone is available for those at high risk of opioid related overdose.

NOW, THEREFORE, BE IT RESOLVED , that the Richmond City Council do es hereby declare March 202 2 as Prescription Drug Abuse Awareness Month in the City of Richmond and encourages all community members to participate in prescription drug abuse related prevention programs and activities and to pledge to “Spread the Word… One Pill Can Kill.”

___________________________
Mayor Tom Butt
City of Richmond, California
March 1, 2022

Page 662 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Mayor's Office

DATE: March 1, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Tibetan Uprising Day – March 10, 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Tibetan Uprising Day commemorates the 1959 Tibetan
uprising, where tens of thousands of Tibetans took to the streets of Lhasa, Tibet’s capital, against the People’s Republic of China’s illegal invasion, occupation,
suppression of human rights and freedom, and
intentional marginalization of Tibetan language, culture, and identity.

RECOMMENDED ACTION:

PROCLAMATION declaring March 10, 2022, as Tibetan
Uprising Day in the City of Richmond – Mayor’s Office
(Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

Page 663 of 1169 ends

Page 2 of 2 ends

March 1, 2022
DISCUSSION:

The 2019 Country Reports on Human Rights Practices in China published by the United States Department of State asserts, “Significant human rights issues included: forced disappearances; torture; arbitrary detention; political prisoners; censorship and website blocking; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions on religious freedom; severe restrictions on freedom of movement; and restrictions on political participation.”

In December of 2020, the United States Congress passed, and the President signed into law, the Tibet Policy and Support Act; (1) making it official policy that the Dalai Lama’s succession is strictly a religious issue that only he and his followers can decide on; (2) strengthening the Tibetan Policy Act of 2002; (3) addressing water security and environmental destruction in Tibet; (4) providing humanitarian assistance for Tibetans; and (5) pushing China to negotiate with the Dalai Lama and Tibetan leaders without preconditions.

The City of Richmond is home to the Tibetan Association of Northern California’s community center and serves the third largest Tibetan community in the United States, a vibrant community who has contributed to the diversity of our culture and tradition.

The City of Richmond has long supported the Tibetan people, having welcomed His Holiness the Dalai Lama when he visited the Tibetan Community Center in 2014 and having renamed a part of Huntington Avenue to Dalai Lama Avenue in honor of his 84th birthday. The City of Richmond stands in solidarity with the Tibetan people and their just, peaceful, and non-violent movement to remind the world of the occupation, suppression, and degradation of culture, religion, land, and identity of the Tibetan people by China.

The City of Richmond invites community members to attend the virtual Tibetan flag raising ceremony being held on March 9, 2022, at 10:00 AM to commemorate the 63rd anniversary of the Tibetan uprising (www.tinyurl.com/CORTUD2022).

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring March 10, 2022, as Tibetan Uprising Day in the City of Richmond

PROCLAMATION declaring March 10, 2022, as Tibetan Uprising Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).

Page 664 of 1169 ends

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring March 10, 2022 as Tibetan Uprising Day

WHEREAS, Tibetan Uprising Day commemo rates the 1959 Tibetan uprising, where tens of thousands of Tibetans took to the streets of Lhasa, Tibet’s capital, against the People’s Republic of China’s illegal invasion, occupation, suppression of human rights and freedom, and intentional marginalization of Tibetan language, culture, and identity; and

WHEREAS, the 2019 Country Reports on Human Rights Practices in China published b y the United States Department of State asserts , “Significant human rights issues included: forced disappearances; torture; arbitrary detention; political priso ners; censorship and website blocking; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions on religious freedom; severe restrictions on freedom of movement; and restrictions on political participation;” and

WHEREAS, in December of 2020, the United States Congress passed, and the President signed into law, the Tibet Policy and Support Act, (1) making it official policy that t he Dalai Lama’s succession is strictly a religious issue that only he and hi s followers can decide on, (2) strengthening the Tibetan Policy Act of 2002, (3) addressing water security and environmental destruction in Tibet, (4) providing humanitarian assistance for Tibetans, and (5) pushing China to negotiate with the Dalai Lama and Tibetan leaders without preconditions; and

WHEREAS, the City of Richmond is home to the Tibetan Association of Northern California’s community center and serves the third largest Tibetan community in United States , a vibrant community who has contributed to the diversity of our culture and tradition; and

WHEREAS, the City of Richmond has long support ed the Tibetan people , having welcomed His Holiness the Dalai Lama when he visited the Tibetan Community Center in 2014 and having renamed a part of Huntington Avenue to Dalai Lama Avenue in honor of his 84th birthday; and

WHEREAS, the City of Richmond stands in solidarity with the Tibetan people and their just, peaceful, and non-violent movement to rem ind the world of the occupation, suppression, and degradation of culture, religion, land, and identity of the Tibetan people by China.

NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council does hereby declare March 10, 2022 as Tibetan Uprising Day in the City of Richmond and invites community members to attend the virtual Tibetan flag raising ceremony being held on March 9, 202 2 at 10:00 am to commemorate the 63rd anniversary of the Tibetan uprising (www.tinyurl.com/CORTUD2022).

___________________________
Mayor Tom Butt
City of Richmond, California
March 1, 2022

Page 665 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Mayor's Office

DATE: March 1, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

California State Parent Teacher Association (PTA) Day – February 17, 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 1897, Alice McLellan Birney and Phoebe Apperson
Hearst founded the National Congress of Parents and
Teachers to better the lives of children in education,
health, and safety, and in 1926, Selena Sloan Butler
founded the National Congress of Colored Parents and
Teachers to advocate for children, especially African
Americans, in segregated communities, and in 1970, the
two merged to create the National Parent Teacher
Association (PTA).

RECOMMENDED ACTION:

PROCLAMATION declaring February 17, 2022, as
California State Parent Teacher Association (PTA) Day in the City of Richmond – Mayor’s Office (Mayor Tom Butt
510-620-6503).

AGENDA
REPORT

Page 666 of 1169 ends

Page 2 of 2 ends

March 1, 2022
DISCUSSION:

The founders of the National Parent Teacher Association (PTA), Alice, Phoebe, and Selena, were women of imagination and courage who understood the power of individual action, worked beyond the accepted barriers of their day, and took action to literally change the world. The National PTA is the country’s largest volunteer-led child- advocacy association and has been instrumental in creating programs and services that improve children’s lives, including school nutrition programs, child labor laws, public health services, the juvenile justice system, kindergarten, the advancement of family engagement, and the growth of arts in education.

Today, the California State Parent Teacher Association has local PTAs throughout the state and its members represent the ethnic diversity of the nation and come from the ranks of all families who, together, continue to serve as the conscience of the country for children and youth. The Thirty-Second District PTA, which includes six councils and 125 units in Contra Costa Country, empowers and support its councils and units as it promotes the mission, purposes, and benefits of the National and California State PTAs, fosters membership, develops leadership, and leads advocacy efforts on behalf of all children and families.

The City of Richmond encourages community members to celebrate the National PTA’s 125th anniversary and get involved with their local PTA.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring February 17, 2022, as California State PTA Day in the City of Richmond

Page 667 of 1169 ends

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring February 17, 2022 as California State PTA Day

WHEREAS, in 1897, Alice McLellan Birney and Phoebe Apperson Hearst founded the National Congress of Parents and Teachers to better the lives of children in education, health, and safety, and in 1926, Selena Sloan Butler founded the National Congress of Colored Parents and Teachers to advocate for children, especially African American s, in segregated communities, and in 1970, the two merged to create the National Parent Teacher Association (PTA); and

WHEREAS, the founders of the National PTA, Alice, Phoebe, and Selena, were women of imagination and courage who understood the power of individual action, worked beyond the accepted barriers of their day, and took action to literally change the world; and

WHEREAS, the National PTA is the country’s largest volunteer-led child-advocacy association and has been instrumental in creating programs and services that improve children’s lives, including school nutrition programs, child labor laws, public health services, the juvenile justice system, kindergarten, the advancement of family engagement, and the growth of arts in education; and

WHEREAS, today, the California State PTA has local PTAs throughout the state and its members represent the ethnic diversity of the nation and come from the ranks of all families who, together, continue to serve as the conscience of the country for children and youth; and

WHEREAS, the Thirty-Second District PTA , which includes six councils and 125 units in Contra Costa Country, empowers and support its councils and units as it promotes the mission, purposes, and benefits of the National and California State PTAs, fosters membership, develops leadership, and leads advocacy efforts on behalf of all children and families.

NOW, THEREFORE, BE IT RESOLVED , that the Richmond City Counc il do es hereby declare February 17, 2022 as California State PTA Day in the City of Richmond and encourages community members to celebrate the National PTA’s 125th anniversary and get involved with their local PTA.

___________________________
Mayor Tom Butt
City of Richmond, California
March 1, 2022

Page 668 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Mayor's Office

DATE: March 1, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Red Cross Month – March 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Red Cross Month is a special time to honor the kindness of volunteers and neighbors who aid families in need
every day in Richmond, across the United States, and
around the world, and whose dedication touches millions of lives each year as they carry out the 140-year mission of the American Red Cross and its founder, Clara Burton.

RECOMMENDED ACTION:

PROCLAMATION declaring March 2022 as Red Cross
Month in the City of Richmond – Mayor’s Office (Mayor
Tom Butt 510-620-6503).

DISCUSSION:

Despite challenges presented by COVID -19, people stepped up to help others in need, whether by responding to record -breaking wildfires, horrific tornadoes, extreme winter AGENDA
REPORT

Page 669 of 1169 ends

Page 2 of 2 ends

March 1, 2022
storm cold waves and summer heat waves across the country or rolling up their sleeves to give blood when our country faced a severe blood shortage . In 2021, national Red Cross volunteers deployed 552 times and dedicated 61,930 volunteer hours to assist neighbors during 41 disaster relief operations of all sizes, including wil dfires in Oregon and California and Hurricane Ida that made landfall in Louisiana.

In 2021, Contra Costa County residents held 788 blood drives and donated 17,277 units of blood, 8,486 residents took classes to learn life-saving skills, 910 military members and their families as well as 518 families affected by 130 home fires received support and services, and 108 households adopted fire evacuation plans through the Sound the Alarm program.

In times of crisis, community members in Richmond come toget her to care for one another, demonstrating the humanitarian spirit that is exemplified by American Red Cross volunteers and donors who work to prevent and alleviate human suffering.

The City of Richmond encourages all community members to advance the nobl e legacy of American Red Cross founder Clara Barton, who lived by her words: “You must never think of anything except the need, and how to meet it.”

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring March 2022 as Red Cross Month in the City of Richmond

Page 670 of 1169 ends

CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

Declaring March 2022 as Red Cross Month

WHEREAS, Red Cross Month is a special time to honor the kindness of volunteers and neighbors who aid families in need every day in Richmond, across the United States , and around the world, and whose dedication touches millions of lives each year as they carry out the 140-year mission of the American Red Cross and its founder, Clara Burton; and

WHEREAS, despite challenges presented by COVID -19, people stepped up to help others in need, whether by r esponding to record -breaking wildfires , horrific tornadoes, and extreme winter storm cold waves and summer heat waves across the country or rolling up their sleeves to give blood when our country faced a severe blood shortage; and

WHEREAS, in 2021, national Red Cross volunteers deployed 552 times and dedicated 61,930 volunteers hours to a ssist neighbors during 41 disaster relief operations of all sizes, including wildfires in Oregon and California and Hurricane Ida that made landfall in Louisiana; and

WHEREAS, in 2021, Contra Costa County residents held 788 blood drives and donated 17,277 units of blood, 8,486 residents took classes to learn life -saving skills, 910 military members and their families as well as 518 families affected by 130 home fires received support and services, and 108 households adopted fire evacuation plans through the Sound the Alarm program; and

WHEREAS, in times of crisis, community members in Richmond come together to care for one another, demonstrating the humanitarian spirit that is exemplified by Amer ican Red Cross volunteers and donors who work to prevent and alleviate human suffering.

NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council do es hereby declare March 202 2 as Red Cross Month in the City of Richmond and encourage s all community members to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words: “You must never think of anything except the need, and how to meet it.”

___________________________
Mayor Tom Butt
City of Richmond, California
March 1, 2022

Page 671 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Mayor's Office

DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Vacant Seats on Richmond Boards, Commissions and
Committees
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Several of Richmond’s boards, commissions, and
committees have vacant seats. Residents that are
interested in serving on a board, commission, or
committee are invited to submit their applications to the Richmond City Clerk.

RECOMMENDED ACTION:

APPROVE recent resignations from City of Richmond
boards, commissions, and committees; and ANNOUNCE
vacancies as of January 19, 2022, and ask that
interested individuals send applications to the City Clerk – Mayor’s Office (Mayor Tom Butt 510-620-6503). This
item was continued from the February 22, 2022,
meeting.

AGENDA
REPORT

Page 672 of 1169 ends

Page 2 of 2 ends

March 1, 2022
DISCUSSION:

The City of Richmond enjoys a long history of community involvement. Through a variety of volunteer boards, commissions, and committees, Richmond residents play an important role in advising the Mayor, City Council, and City staff on important public policy issues.

Resignations from City of Richmond Boards, Commissions, and Committees

Between January 19, 2022 and February 16, 2022, City staff was informed of the following resignations from City of Richmond Boards, Commissions, and Committees:

None

Vacancies on City of Richmond Boards, Commissions, and Committees

The following boards, commissions and committees currently have vacancies:

- Art and Culture Commission
- Children & Youth Oversight Board
- Community Police Review Commission
- Commission on Aging
- Contra Costa Mosquito & Vector Control Board
- Design Review Board
- Dept. of Children and Youth Oversight Board
- ECIA Grant Review Ad Hoc Committee
- ECIA Transportation Oversight Committee
- Historic Preservation Commission
- Housing Advisory Commission
- Human Rights and Human Relations Commission
- Library Commission
- Personnel Board
- Recreation and Parks Commission
- Reimaging Public Safety Community Task Force
- Shimada Friendship Commission
- Urban Forest Advisory Committee
- Workforce Development Board
- Youth Council
- Zhoushan Friendship Commission

Residents can learn more details about each board/commission/committee and apply for a vacant seat by contacting the Richmond City Clerk or visiting the Richmond City Clerk’s website.

DOCUMENTS ATTACHED:

Attachment 1 – Vacancy Roster

Page 673 of 1169 ends

City of Richmond, Boards, Commissions, and Committee Vacancies As of February 22, 2022

BOARD/COMMISSION YEARS PER TERM

LIMIT OF

CONSECUTIVE
TERMS
# OF SERVING

COMMISSIONERS
# OF

VACANCIES
TOTAL # OF
SEATS
Art and Culture
Commission 4 2 8 7 15
Commission on Aging 4 N/A 11 2 13
Community Police
Review Commission 3 3 8 1 9
C.C Mosquito & Vector 2 1 0 1
Design Review Board 2 4 5 2 7
Dept. of Children and
Youth Oversight Board* 1,2 N/A 12 3 15
ECIA Grant Review
Committee 2 4 1 5
ECIA Transportation
Oversight Committee 3 3 2 3 5
Economic Development
Commission 3 3 15 0 15
Historic Preservation
Commission 2,4 4 6 1 7
Housing Advisory
Commission 2 N/A 6 1 7
Human Rights/Human
Relations Commission 3 3 7 2 9
Library Commission 3 2 3 2 5
Oak. Airport Comm.

Noise Forum 2 N/A 1 1 2
Personnel Board** 5 N/A 3 2 5
Planning Commission 2 4 7 0 7
Recreation and Parks
Commission 3 3 8 1 9
Re-Imaging Public Safety
Community Taskforce 19 2 21
Richmond Rent Board 2 4 5 0 5
Shimada Commission 3 3 9 2 11
Urban Forest Advisory
Committee 3 3 8 3 11
Workforce Development
Board*** 4 N/A 22 17 39
Youth Council 1 N/A 5 6 11
Zhoushan Commission 2 7 4 11
*Dept. of Children and Youth Oversight Board: One vacancy for eligible candidate between the ages of 15- 24 **Personnel Board: One vacancy is appointed by the mayor and one vacancy is elected as a general employees representative.
***Workforce Development Board: The composition of this board is to be composed of (20) local business representatives, (10) representatives of each of the "One-Stop" Partners; (9) representatives of education

Page 674 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Police Department

DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Louie Tirona, Acting Chief of Police
Subject:

Proposed 5-Year Agreement with Contra Costa District
Attorney’s Office for Electronic Case Filings.

FINANCIAL IMPACT: The Police Department has and will use funding for this service from its FY2021-2022 approved budget, and will
budget accordingly in upcoming fiscal years (01191021-
400201).

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The Police Department has to manually compile case
documents from various medium, including paper
reports, videos, photos, etc. and then save the
documents on optical media or a USB Flash Drive before
hand-delivering the documents to the District Attorney’s office. This method is ineffective and takes up staff
resources and time.

RECOMMENDED ACTION:

APPROVE a five-year agreement with Contra Costa
District Attorney’s office for electronic case filing services using Karpel’s Interface, in an amount not to exceed
$25,000, for the period May 1, 2022 through April 30,
2027 - Police Department (Acting Chief Louie Tirona 510- 621-1802).

AGENDA
REPORT

Page 675 of 1169 ends

Page 2 of 2 ends

March 1, 2022
DISCUSSION:

As part of the Richmond Police Department’s (RPD) continuous improvement in efficiencies, RPD seeks to electronically file and submit case files directly with the Contra Costa District Attorney’s (DA) Office. This electronic filing service will reduce the time and effort it takes department personnel to compile, and hand deliver the documents.

A sole source form was completed because Karpel Solutions is the only vendor performing this service for the DA’s office – no other service is compatible with Karpel’s interface. In order to use Karpel’s services, RPD must enter a contract with the DA’s office since the DA’s office is the only party that can enter the agreement with Karpel. It is through the contract with the DA’s office that RPD will gain access to Karpel’s interface. The Richmond Police Department will reimburse the DA’s office, not Karpel, for contract-related expenses.

DOCUMENTS ATTACHED:

Attachment 1 – Karpel - Contra Costa Form of LEA Interface Request Form - Richmond Attachment 2 – IT Authorization
Attachment 3 – Sole Source Justification

Page 676 of 1169 ends

1 Karpel Interface Request Form
This Karpel Interface Request Form, dated February 1, 2022, is entered into between Karpel Computer Systems, Inc. (“Karpel”) and Contra Costa County (“County”) pursuant to the Software and Services Agreement, dated June 20, 2014, between County and Karpel.

IRF Process:

1. Complete the below form for each individual interface requested. Please provide as much detail as possible.

2. Karpel will review the request and fill in the scope of work. Karpel will reach out to have meetings as necessary to clear up any questions.

3. Karpel will sign and send an approved IRF to the County for signature.

4. After the County signs the IRF, Karpel will schedule the development effort on the Karpel side. Note that there may be additional development effort required from county IT or the interfacing vendor that can create dependencies or delays in the scheduling.

5. The County will be billed, as per the agreed upon amount defined below, 30 days after the Karpel development work is completed and handed off to the County for testing. If the County has not accepted the work as complete within 30 days of delivery, the County will send a request to its Karpel contact for an extension.

6. County will order payment upon acceptance of the work as complete, at which point the project will enter maintenance.

The Customer is responsible for the following items:

1. Provide access to network resources necessary to complete the interface enhancement.

2. Respond to requests for documents, approval, and feedback made within two business days.

3. Respond to technical and business questions related to the interface or enhancement that arise during development within two business days.

4. Act as a liaison between Karpel and third party software vendors. The project schedule may be delayed if a third party is unresponsive or uncooperative.

5. Test and verify the functionality of the interface or enhancement once deployed within an agreed upon timeframe.

Customer: Contra Costa CA
Primary Customer Contact Name and Email: Gwyneth Andrews , [email protected] Additional Contacts Names and Emails: Bruce Prell, [email protected] Julie Enea, [email protected]
Is this Part of a Go Live? No - this interface is being requested after our initial implementation
Interface Type: Law Enforcement - City of Richmond, CA

Page 677 of 1169 ends

2 Third Party Vendor: Peregrine
Vendor Contact Information: Eric Tam, (510) 621-1819, for Peregrine and the City [email protected]
Acting Chief Louie Tirona
Additional Notes:

Pricing:

All Karpel Interfaces have a standard pricing of a $10,000 implementation fee and a $2,000 annual maintenance.

Karpel and County agree to the above terms and costs outlined above as signed below:

Contra Costa County Date:

By:

Name: Julie Enea
Title: Sr. Deputy CAO

Karpel Computer Systems, Inc. Date:

By:

Name:

Title:

Karpel and County agree to the defined scope of work as signed below:

Contra Costa County Date:

By:

Name: Julie Enea
Title: Sr. Deputy CAO

Karpel Computer Systems, Inc. Date:

By:

Name:

Title:

Page 678 of 1169 ends

3 Scope of Work
Law Enforcement – Incident Referrals
One of the most common interfaces with PbK used by many of Karpel’s customers is importing incident information from Law Enforcement. For the purposes of this document, Law Enforcement referrals are considered an inbound interface, with data coming into Karpel and a simple success/failure returned synchronously. In some instances, case, charge disposition, financial information and other data may be sent outbound back to law enforcement, but that is far less common than importing.

In some jurisdictions, law enforcement referrals may actually be sent to PbK from the court – in cases where the local police or sheriff file certain incidents with the courts prior to the prosecution. That scenario would use the same law enforcement inbound mechanism.

Data Elements
The primary data elements for an import from law enforcement are:
• Defendant pedigree information
o Person’s names and identifying numbers
o Date of birth
o Height, weight, hair/eye color – physical characteristics o Contact information – addresses, phone numbers, email, etc. o Optionally – aliases, gang information, mug shot, etc. • Victims and Witnesses (collection)
o Names
o Date of birth
o Contact information
• Charges (collection)
o Incident date & time
o Incident location
o Charge and statute codes
o Charge description
o Severity
• Documents (optional collection)
o Document title
o Document category
o Binary Data
• Arrest information
o Date & Time
o Booking Officer
o Person Booked
• Referral Information
o Referring officer
o Referring law enforcement agency

Page 679 of 1169 ends

4 PBK Experience
When arrest information is imported into PBK using our standard import referral data exchange, the records are exposed to the user in the Arrest Transfer Record Search Results section of PBK. This screen allows the prosecutor to review the information from law enforcement, make necessary modifications, and then import into PBK to create (or update) a case in the Karpel system.

Page 680 of 1169 ends

I.T. - RELATED PURCHASES AUTHORIZATION
Form must be fully completed and signed prior to information technology related purchases 02/03/2022Date
Contra Costa District Attorney Office V#Requested Vendor Vendor Address
Contact Person
Email Address
Fax#Phone No (
Unit Price TotalQuantity Item
E-Filing 25,000 25,000$ $
$ $
$ $
25,000Total $
Purpose
This section must be completed with respective price quote(s) included with form:

Five year contract with Contra Costa DA Office for Electronic Case filings Requested by
Department Head IT Director
^/3 /
Approval Date Approval Date
Information Technology Related - Purchase Form - Rev 5-2016

Page 681 of 1169 ends

ADA (American with Disabilities Act) Compliance
Access and Accommodation
Compliance with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973: In order to improve accessibility of existing technology and therefore increase the successful employment of individuals with disabilities, particularly blind and visually impaired, deaf and hard-of-hearing persons please answer the following questions:

XNoIs this item ADA Compliant? Yes
If NO, please answer the following questions:

XWill this item be used by the public?
Can other vendors provide an ADA compliant product? Explain Yes No
XWill this item be used by City employees? Yes No
Categories for Information Technology (IT) Product
● Software applications and operating systems
● Web-based information and applications
● Telecommunications products
● Video and multimedia products
● Desktop and portable computers
● End user hardware
Examples of Information Technology (IT) Products
● World Wide Web
● Scanners
● Printers
● Copiers
● PDAs
● Computers
● Computer Software
● Computer Operating Systems
● Phones
● Apps
● Information Kiosks
● ATMs
● Multimedia
● Videos
● Fax Machines

Page 682 of 1169 ends

MEMORANDUM OF UNDERSTANDING

BETWEEN CONTRA COSTA COUNTY AND

CITY OF RICHMOND ON BEHALF OF THE

RICHMOND POLICE DEPARTMENT

FOR ELECTRONIC INTERFACE WITH

DISTRICT ATTORNEY CASE MANAGEMENT SYSTEM
This Memorandum of Understanding (“MOU”), is between the County of Contra Costa, a political subdivision of the State of California (“County”), and City of Richmond, a municipal corporation (“Agency”), and is dated February 1,2022.

RECITALS
County and Karpel Computer Systems, Inc. (“Karpel”) entered into a Software and Services Agreement, dated June 20, 2014 (“Karpel Agreement”), that authorizes County, through its Office of the District Attorney (“the DA”), to use Karpel’s case management system software, PROSECUTORbyKARPEL (“Software”). Pursuant to the Karpel Agreement, Karpel licenses the Software to County, provides hosting services for the Software and associated data for County, and provides Software maintenance and support services for County.

Section III(A) of Appendix E to the Karpel Agreement includes the option of purchasing law enforcement interfaces to the System (as defined in the Karpel Agreement). A law enforcement interface to the System (“Agency Interface”) allows a law enforcement agency to electronically submit requests for criminal prosecution (“RFP”) to the DA.

To establish an Agency Interface, a law enforcement agency asks County if it can establish an Agency Interface. If County consents. County contacts Karpel and requests that Karpel set up an Agency Interface for the law enforcement agency. In coordination with the law enforcement agency, Karpel sets up the Agency Interface and provides maintenance and support services for the Agency Interface. Karpel invoices County for the costs of the Agency Interface. County invoices the law enforcement agency for the costs of the Agency Interface.

Agency desires to establish an Agency Interface that enables Agency to use the System to submit RFPs to the DA.

The purpose of this MOU is to set forth the terms and conditions pursuant to which an Agency Interface will be created and paid for, and County’s conditions for Agency’s use of an Agency Interface to submit RFPs to the DA.

For good and valuable consideration, the parties therefore agree as follows:

Page 683 of 1169 ends

AGREEMENT
Agency Interface. Subject to the terms and conditions of the Karpel Agreement, County hereby grants Agency the right to establish and use an Agency Interface.

1. Installation. Use, and Maintenance of Agency Interface. Agency will work directly with Karpel for the creation, implementation, installation, support, and maintenance of the Agency Interface. County has no responsibility to Agency, or otherwise, for the creation, implementation, installation, support, or maintenance of the Agency Interface. Except as stated in Section 1.5, County has no responsibility to Agency, or otherwise, for training related to the Agency Interface.
l.I
Authorized Support Representatiye. Agency will designate an authorized support representatiye who will perform the obligations of a County Authorized Support Representatiye on behalf of the Agency for the Agency Interface as set forth in Section III(F) of Appendix H of the Karpel Agreement.

1.2 Agency Interface Communications. The Agency Interface is a one-way interface, which will enable Agency to electronically submit RFPs to the DA.

Agency shall submit accurate and complete information to the DA through the Agency Interface. Agency shall not submit information to the DA in yiolation of federal, state, or local laws. Agency will not use the Agency Interface for any purpose other than as necessary to submit RFPs to the DA. Through the Agency Interface, the System may issue an acknowledgement to Agency upon receipt of an RFP from Agency, and the System may issue other notifications such as error or reject messages to Agency regarding an RFP.

1.3 Agency Security Requirements.1.4

1.3.1 Agency will comply with the U.S. Department of Justice Criminal Justice Information Seryices Security Policy, including any reyisions to this Policy that may be implemented after the effectiye date of this MOU.

1.3.2 Agency will not share or disclose its access methods or credentials to the Agency Interface with any unauthorized persons.

1.3.3 Karpel may impose additional security requirements on Agency for Agency’s use of the Agency Interface.

Training. In addition to any requirements Karpel may impose on Agency, Agency shall not authorize any Agency employee to access the Agency Interface until the employee has completed training on RFP submission at the DA’s Office. The DA will proyide the training on RFP submission at no cost to Agency. With the exception of the DA training regarding RFP submission.

Agency is responsible for training its employees to use the Agency Interface.

1.5 2

Page 684 of 1169 ends

Agency shall allow only properly trained and supervised personnel to access the Agency Interface.

RFP Verification. Agency must verify the status of an RFP by having authorized Agency staff search, display, and review the RFP through one of the System’s components, as determined by County and authorized by Karpel, before contacting the DA to inquire about the status of the RFP.

1.6 Equipment. County is not providing any equipment in connection with this MOU. Agency is responsible for obtaining and maintaining any equipment necessary to use the Agency Interface.

1.7 Reporting. Upon learning of any failure of the Agency Interface that prevents timely or accurate transmission of information from Agency to County, each party will immediately report the failure to the other party. Upon learning of any virus or other system corruption that impacts the Agency Interface, each party will immediately report the virus or other system corruption to the other party.

1.8 2. Costs.

Agency’s Costs. With the exception of the DA training regarding RFP submission described in Paragraph 1.5, all costs associated with the Agency Interface, including, but not limited to, the establishment and installation of the Agency Interface, Agency’s use of the Agency Interface, any training of Agency personnel regarding the Software and the Agency Interface, the maintenance and support of the Agency Interface, any operational costs, any hosting costs, and the costs of any hardware, are the sole responsibility of Agency. County is not responsible for any costs related to the Agency Interface.

2.1 Initial and Annual Fees. Agency’s costs will include but may not be limited to: a fee of $10,000 for the installation and implementation of the Agency Interface; and an annual fee of $2,000 for the maintenance of the Agency Interface. Pursuant to the Karpel Agreement, Karpel will invoiee County for the costs associated with the Agency Interface. County fees billed to Agency shall be equivalent to County’s actual costs to provide the Interface, not to exceed $15,000 annually.

2.2 2.3 Invoicing. Upon receipt of an invoice from Karpel related to the Agency Interface, County will send the invoice to Agency for the costs of the Ageney Interface. Agency shall pay County in full within twenty (20) days of the date of the invoice from County. Payments are to be directed to:

Bruce Prell
Law & Justice Business Systems Manager
Office of the County Administrator
1330 Arnold Drive, Room 249
3

Page 685 of 1169 ends

Martinez, California 94553

3. Term and Termination.

Duration. This MOU and the rights granted hereunder are coterminous with the term of the ICarpel Agreement unless this MOU is sooner terminated as provided herein. The Karpel Agreement terminates on June 30, 2023 unless extended by mutual agreement or sooner terminated. If the Karpel Agreement is extended by Karpel and County, this MOU shall automatically be extended so that it is coterminous with any extension of the Karpel Agreement.

3.1 Termination. Either party may terminate this MOU for any reason upon thirty (30) days prior written notice. If Agency fails to comply with any provision of this MOU, including a failure to comply with the DA’s instructions for submitting RFPs to County, County may terminate the MOU, upon ten (10) days prior written notice to Agency, in the sole discretion of County.

3.2 Obligations Upon Termination. Immediately upon termination of this MOU for any reason. Agency shall cease use of the Agency Interface and will destroy any and all copies of access methods and credentials to the Agency Interface. In the event of termination of this MOU, Agency shall pay County any costs for which Agency is responsible pursuant to Paragraph 2.

3.3 Agency Acknowledgements. Agency acknowledges and agrees that:4.

Agency has received a copy of the Karpel Interface Request Form, dated February 1,2022 (the “IRF”). between County and Karpel providing for Karpel’s implementation of the Agency Interface and County’s payment therefor.

4.1 Agency has received a copy of the DA’s instructions for submitting RFPs to the DA. Agency further acknowledges that the DA’s instructions are subject to change.

4.2 Agency is not acquiring any license to use the Software, but through this MOU is obtaining permission to electronically submit RFPs to the System via the Agency Interface.

4.3 County is not providing Agency with any Product (as defined in the Karpel Agreement) and the Agency Interface is being provided to Agency by Karpel.

4.4 Karpel may require that Agency execute documentation and/or enter into an agreement with Karpel before Agency can use the Agency Interface.

4.5 County is not providing any data hosting services for Agency.4.6 4

Page 686 of 1169 ends

4.7 Nothing in this MOU is binding on Karpel.

No Third Party Beneficiaries. Nothing contained in this MOU is intended, nor shall it be construed to create rights inuring to the benefit of third parties, including, without limitation, Karpel.

5. Immunities. By entering into this MOU, no party waives any of the immunities provided by the California Government Code or any other provision of law.

6. Disclaimer. County expressly disclaims any implied warranties regarding the Agency Interface, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

7. Indemnification. Agency will indemnify, defend, and hold harmless County, its officers, officials, employees, agents, and representatives from and against any and all claims, demands, actions, losses, damages, injuries, and liability, including attorneys’ fees, arising out of or connected in any way with: (i) Agency’s performance of this MOU; (ii) Agency’s use of the Agency Interface, including without limitation, in an unlawful manner or for an unlawful purpose; (iii) Agency’s use of the System; and (iv) claims of intellectual property infringement or violation of third party privacy rights related to Agency’s use of the Agency Interface.

Agency’s obligations under this Section 8 exist regardless of concurrent negligence or willful misconduct on the part of the County or any other person, provided however, that Agency is not required to indemnify County for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this MOU.

8. 9. Non-transferable. This MOU may not be transferred or assigned.

10. Entire Agreement. This MOU contains the entire understanding of the parties relating to the subject matter of this MOU. No promise, representation, warranty, or covenant not included in the MOU has been or is being relied upon by any party to the MOU.

11. Authority to Execute. The persons executing this MOU represent that they have the authority to execute this MOU.

12. Counterparts. This MOU and any amendments may be executed in any number of counterparts.

13. Amendment. This MOU may be amended upon the mutual written consent of the Parties.

14. Governing Law. The laws of the State of California govern all matters arising out of this MOU.

Notices. All notices under this MOU shall be directed as follows:15. 5

Page 687 of 1169 ends

County:

Contra Costa County
Bruce Prell, Law & Justice Business Systems Manager
Office of the County Administrator
1330 Arnold Drive, Room 249
Martinez, California 94553-4068
[email protected]
925-313-4301
Agency:

City of Richmond, CA
Eric Tam, Technology Supervisor
Richmond Police Dept.
1701 Regatta Blvd.

Richmond, CA 94804
Eric Tam [email protected]
(w) 510-621-1819
(c) 510-219-3518
The parties are executing this MOU on the date set forth in the introductory paragraph.

County Agency
City of Richmond, California, a
municipal corporation
County of Contra Costa, a
political subdivision of the State of
California
By:By;

SHASA CURL
Interim City Manager or

LOUIE TIRONA
Acting Chief of Police
Approved as to form:

JULIE ENEA
Sr. Deputy County Administrator
Approved as to form:

Mary Ann McNett Mason,
County Counsel
Richmond
City Attorney
By: By:

Name:

Deputy County Counsel
6

Page 688 of 1169 ends

City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: Contra Costa District Attorney Office
Address: "'025 Escobar St, Room 419
Contact Name: Julie Enea
State: California 94553Martinez Zip Code:

E-Mail [email protected]
City:

Phone Number (9^5 ) 655-2056
Duration of Contract: 5 years
Estimated Cost: $ ^5,000
Is the product/service IT related? Yes^^ No
For Product: Is the recommended company the manufacturer of the product? Yes For Product: Does the manufacturer sell the item(s) through distributors? Yes Funding Source (Account String) O'!'191021 4
If Yes, please attach the appro
00201
ved IT Authorization Form
No
No XX
Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (ifadditional space is needed, include them in a separate page) Interface to connect Richmond Police Department to Contra Costa District Attorney Office for electronic case filings.

Sole Source Rationale: please answer all the following questions: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

Contra Costa County DA Office is currently using aproduct by Karpell to service it's electronic case management system and transmission. The DA office has offer the County's agency the ability to submit cases electronically (instead of paper) via an interface developed by Karpell. Because Karpell is a County vendor and the only vendor performing this service for the DA's office, Richmond PD cannot use any third party company, nor enter into any agreement with Karpell.

Contra Costa County DA will pay Karpell, for the service, maintenance, etc. and will seek reimbursement from Richmond after the DA Office confirm the work is completed with their vendor. (if additional space is needed, include them in a separate page) Page I 1 Sole Source Form - Rev. May 12, 2016
DocuSign Envelope ID: 4E2E6B45-A76A-4DA5-9B39-713C6C16E9FD

Page 689 of 1169 ends

Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

Ml The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

Ml The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service mav be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:
—I To be compatible or interchangeable with existing hardware —I As spare or replacement hardware — For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

X
Due to criminal laws, Contra Costa County DA is the agency Richmond Police Dept use for case filing and we cannot use another DA office agency.

Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) 2 I P a g e
DocuSign Envelope ID: 4E2E6B45-A76A-4DA5-9B39-713C6C16E9FD

Page 690 of 1169 ends

I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: Richmond Police Department
Requester Name and Title: Acting Chief Louie Tirona
Note: Requester must be able to defend this Justification.

Phone: 510-621-1802Date: February 3, 2022
Department Director (Print) Louie Tirona -^ate: February 3, 2022 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

DATE: / /APPROVED:

COMMENTS:NOT APPROVED:

City Clerk Attesting to Council Approval
(Over $10,000.00) (Copy of Minutes may be substituted)
City Manager
(Under $10,000.00)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1.Personal preference for product or vendor.

Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

Features which exceed the minimum department requirements.

2. 3.
3 I P a g e
DocuSign Envelope ID: 4E2E6B45-A76A-4DA5-9B39-713C6C16E9FD 2/11/2022

Page 691 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Public Works

DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Dee Karnes, Fleet Maintenance Superintendent
Subject:

Contract to Outfit Fire Department Vehicles
FINANCIAL IMPACT: The proposed expenditure of $65,000 is included in the Fleet Maintenance FY 2020-2021 CIP budget
(50336031-400705-03A04).

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Department of Public Works is requesting City
Council approval to contract with Stommel, Inc. to outfit Fire Department vehicles.

RECOMMENDED ACTION:

APPROVE a contract with Stommel, Inc., to outfit three
Fire Department vehicles, in an amount not to exceed
$65,000 – Department of Public Works (Joe Leach 620-
5478).

DISCUSSION:

The Fleet Maintenance division requires the outfitting and build-up services for three Fire Department vehicles.

In February 2021, the City of Livermore published a Request for Bids for “Vehicle Outfitting & Repair Services”. Stommel, Inc., dba Lehr, was awarded the contract for AGENDA
REPORT

Page 692 of 1169 ends

Page 2 of 2 ends

March 1, 2022
services from April 30, 2021 to April 30, 2024. Fleet Maintenance is using the City of Livermore’s competitive bidding results because the specifications requested are similar to that of Richmond’s.

This purchase is in compliance with the Richmond Municipal Code Section 2.52.330 Piggyback procurement which allows for a “piggyback” purchase using another agency’s purchase contract if it is in the best interest of the City of Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract
Attachment 2 – City of Livermore Contract & Documentation

Page 693 of 1169 ends

ATTACHMENT 1

Page 694 of 1169 ends

Page 695 of 1169 ends

Page 696 of 1169 ends

Page 697 of 1169 ends

Page 698 of 1169 ends

Page 699 of 1169 ends

Page 700 of 1169 ends

Page 701 of 1169 ends

Page 702 of 1169 ends

Page 703 of 1169 ends

Page 704 of 1169 ends

Page 705 of 1169 ends

Page 706 of 1169 ends

Page 707 of 1169 ends

Page 708 of 1169 ends

Page 709 of 1169 ends

Page 710 of 1169 ends

Page 711 of 1169 ends

Page 712 of 1169 ends

Page 713 of 1169 ends

Page 714 of 1169 ends

Page 715 of 1169 ends

Page 716 of 1169 ends

Page 717 of 1169 ends

Page 718 of 1169 ends

Page 719 of 1169 ends

Page 720 of 1169 ends

Page 721 of 1169 ends

Page 722 of 1169 ends

Page 723 of 1169 ends

Page 724 of 1169 ends

Page 725 of 1169 ends

ATTACHMENT 2

Page 726 of 1169 ends

Page 727 of 1169 ends

Page 728 of 1169 ends

Page 729 of 1169 ends

Page 730 of 1169 ends

Page 731 of 1169 ends

Page 732 of 1169 ends

Page 733 of 1169 ends

Page 734 of 1169 ends

Page 735 of 1169 ends

Page 736 of 1169 ends

Page 737 of 1169 ends

Page 738 of 1169 ends

Page 739 of 1169 ends

Page 740 of 1169 ends

Page 741 of 1169 ends

Page 742 of 1169 ends

Page 743 of 1169 ends

Page 744 of 1169 ends

Page 745 of 1169 ends

Page 746 of 1169 ends

Page 747 of 1169 ends

Page 748 of 1169 ends

Page 1 of 2 ends

March 1, 2022

Public Works

DATE: March 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Dee Karnes, Fleet Maintenance Superintendent
Subject:

Contract for Repairs to Bucket Truck
FINANCIAL IMPACT: The proposed expenditure of $20,000 is included in the Fleet Maintenance FY 2020-2021 operating budget
(01235031-400501)

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Department of Public Works is requesting City
Council approval to contract with Altec Industries, Inc., for repairs to an electrician bucket truck.

RECOMMENDED ACTION:

APPROVE a contract with Altec Industries, Inc., for
repairs to an electrician bucket truck (Unit #299; VIN
1FDAF56R99EA87947), in an amount not to exceed
$20,000 – Department of Public Works (Joe Leach 620-
5478).

AGENDA
REPORT

Page 749 of 1169 ends

Page 2 of 2 ends

March 1, 2022
DISCUSSION:

An electrician’s bucket truck needs repairs to the outrigger that cannot be completed by Fleet Maintenance staff. This unit is a 2009 Ford F550 (VIN 1FDAF56R99EA87947) that was fabricated by Altec Industries, Inc.

Below is a history of the damage and attempted repairs to this unit:

 June 2020 – The truck was damaged in a vehicle accident caused by a person residing in an RV which did not have insurance. City staff filed a police report.

Since the City is a self-insured agency, it must pay out of pocket for damages.

Necessary replacement vehicle body parts were difficult to locate due to the age of the unit.

 January 2021 – The truck incurred additional damage due to a fire while awaiting repairs at a body shop. Again, vehicle body parts were difficult to locate due to the age of the unit.

 March 2021 – The truck was sent to a Ford dealer that could not complete the repairs, and in May 2021, the truck was then sent to Future Ford to complete repairs.

 June 2021 – Fleet Maintenance staff attempted to get additional competitive quotes for the extensive engine and exhaust repairs required. Repairs were completed by Future Ford and the truck was returned in October 2021.

 October 2021 – A mechanic inspecting the truck found that the outrigger was bent from the original accident in June 2020.

 November 2021 – The truck was sent to the manufacturer for a repair estimate.

 January 2022 – Fleet Maintenance staff received an estimate for repairs to the outrigger.

The absence of the bucket truck continues to cause delays in the City’s ability to respond to electrical issues such as street and traffic lighting. Altec Industries, Inc., is the only authorized dealer for original equipment manufacturer parts needed to complete the repairs. A Sole Source Justification has been approved by the Finance Department.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Approved Sole Source Justification

Page 750 of 1169 ends

Page 751 of 1169 ends

Page 752 of 1169 ends

Page 753 of 1169 ends

Page 754 of 1169 ends

Page 755 of 1169 ends

Page 756 of 1169 ends

Page 757 of 1169 ends

Page 758 of 1169 ends

Page 759 of 1169 ends

Page 760 of 1169 ends

Page 761 of 1169 ends

Page 762 of 1169 ends

Page 763 of 1169 ends

Page 764 of 1169 ends

Page 765 of 1169 ends

Page 766 of 1169 ends

Page 767 of 1169 ends

Page 768 of 1169 ends

Page 769 of 1169 ends

Page 770 of 1169 ends

Page 771 of 1169 ends

Page 772 of 1169 ends

Page 773 of 1169 ends

Page 774 of 1169 ends

Page 775 of 1169 ends

Page 776 of 1169 ends

ATTACHMENT 2

Page 777 of 1169 ends

Page 778 of 1169 ends

02/08/2022
For B. Brown
2 11 2022

Page 779 of 1169 ends

Page 780 of 1169 ends

Page 781 of 1169 ends

Page 782 of 1169 ends

Page 783 of 1169 ends

March 1, 2022 Page 1 of 2

Public Works

DATE: March 1, 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).

This item was continued from the February 15, 2022,
meeting.

AGENDA
REPORT

Page 784 of 1169 ends

March 1, 2022 Page 2 of 2

DISCUSSION:

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

Page 785 of 1169 ends

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
News & Events
Help Center
Home
LOG IN
Back to Bid Search
Booker T Anderson Community Center Fire Damage Reconstruction Proj Closed
Bid Information
Line Items
Documents
Addenda/Emails
Q&A
Prospective Bidders
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

Page 786 of 1169 ends

Dark Mode
|
Privacy Policy (opens in a new tab)
|
Terms & Conditions (opens in a new tab)

Page 787 of 1169 ends

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
News & Events
Help Center
Home
LOG IN
Back to Bid Search
Booker T Anderson Community Center Fire Damage Reconstruction Proj Closed
Bid Information
Line Items
Documents
Addenda/Emails
Q&A
Prospective Bidders
Bid Results
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

Page 788 of 1169 ends

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

Page 789 of 1169 ends

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

Page 790 of 1169 ends

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

Page 791 of 1169 ends

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

Page 792 of 1169 ends

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] [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
Copyright © 2021 PlanetBids Inc.

Dark Mode
|
Privacy Policy (opens in a new tab)
|
Terms & Conditions (opens in a new tab)

Page 793 of 1169 ends

1/21/22, 11:49 AM PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/88067#bidResults 1/2 Booker T Anderson Community Center Fire Damage Rec…
Back to Bid Search
Closed
Bid Information Line Items
Documents Addenda/Emails
Q&A Prospective Bidders
Bid Results Awards
Showing 5 Bid Results
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
Copyright © 2022 PlanetBids Inc. | | Dark Mode Privacy Policy Terms & Conditions

Page 794 of 1169 ends

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
Copyright © 2022 PlanetBids Inc. | | Dark Mode Privacy Policy Terms & Conditions

Page 795 of 1169 ends

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.

Page 796 of 1169 ends

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

Page 797 of 1169 ends

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.

Page 798 of 1169 ends

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)

Page 799 of 1169 ends

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.

Page 800 of 1169 ends

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.

Page 801 of 1169 ends

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:

Page 802 of 1169 ends

8 2018_Final Form
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854 (Stats. 2014, ch. 28) : (a) no cont ractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirem ents of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to p erform public work pursuant to Labor Code Section 1725.5 ( Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.

Section 1.13 Municipal Code Chapter 2.65 Requirements.

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

Page 803 of 1169 ends

9 2018_Final Form

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.

(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.

(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.

(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

Page 804 of 1169 ends

10 2018_Final Form
Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:

(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.

(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.

(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

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

Page 805 of 1169 ends

11 2018_Final Form
construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2015 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City.

Page 806 of 1169 ends

12 2018_Final Form
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.

2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a dem and in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

3. Within ten ( 10) business days fo llowing the conclusion of the mee t and confer conference, if the Claim or any portion of the Claim remains in dispute, City will

Page 807 of 1169 ends

13 2018_Final Form
provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is und isputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty ( 60) days after City issues its written statement. Any disputed portion of the Cl aim, as identified by Contractor in writing, shall be submitted to nonbi nding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third part y to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remain ing in dispute shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its fai lure to otherwise comply with the time requirements of Section 9204 of the Public Contract Code , shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.

5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.

(f) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

Page 808 of 1169 ends

14 2018_Final Form

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.

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

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Page 809 of 1169 ends

15 2018_Final Form
Section 3.7 Conflict of Interest.

(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.

(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

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

(1) if intended for the City shall be addressed to:

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

With copy to:

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

(2) if intended for Contractor shall be addressed to:

Ca
Angotti & Reilly, Inc.
2200 Jerrold Ave., Suite E
Attn: James P. Reilly

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the

Page 810 of 1169 ends

16 2018_Final Form
delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree

Page 811 of 1169 ends

Richmond City CouncilMarch 1, 2022

Richmond City Council
March 1, 2022