MEETINGS
SPECIAL RICHMOND HOUSING AUTHORITY
REGULAR RICHMOND CITY COUNCIL
(Meetings are virtual)
Tuesday, March 15, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
NathanielBates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Jaycine Scott, Housing Authority Tenant Commissioner
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings
Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media.
Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.
How to watch the meeting from home:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
Via email: to [email protected] by 1:00 p.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
March 15, 2022, RHA and CC meeting
By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx
To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for.
When called upon, press the unmute button. After the allotted time, you will then be re-muted. **
To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **
**The mayor will announce the agenda item number and open public comment when appropriate.
The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.
AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.
Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted:
http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.
Accessibility for Individuals with Disabilities:
Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
March 15, 2022, RHA and CC meeting
Effect of Advisory on In-person public participation:
During the pendency of Assembly Bill 361, the language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.
March 15, 2022, RHA and CC meeting
Pages
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.
B. ROLL CALL
C. CLOSED SESSION
.
C.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Clerk•
C.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) SPRAWLDEF et al. v. City of Richmond•
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v.
City of Richmond
•
City of Richmond v. Thomas K. Butt•
C.3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases•
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended
judgment and various agreements related to Point Molate.
These letters provide the existing facts and circumstances for going into closed session on these items pursuant to
California Government Code Section 54956.9(d)(2) and
(e)(3).
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________ March 15, 2022, RHA and CC meeting
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM
M. HOUSING AUTHORITY CONSENT CALENDAR 13
M.1. Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
15 ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
M.2. Contract with Automatic Door Systems, Inc. 19
ADOPT a resolution approving a contract with Automatic Door Systems, Inc. to complete the Nevin Plaza front door repair project, for an amount not to exceed $24,591 including a ten (10) percent contingency ($2,229) – Richmond Housing Authority (Nannette Beacham 510-621-1300).
M.3. Emergency Contract with JT Plumbing 58
ADOPT a resolution approving an emergency contract with JT Plumbing to complete plumbing repairs at Nevin Plaza for an amount not to exceed $11,485 – Richmond Housing Authority (Nannette Beacham 510-621- 1300).
M.4. Contract Amendment with CD & Power DBA Got Power 102 ADOPT a resolution approving an emergency contract amendment with CD & Power DBA Got Power to continue to provide load testing, and emergency or urgent repairs to generators at Nevin Plaza in the amount of $8,457.66, for a not to exceed total contract amount of $11,457.66, and extending the term to June 30, 2022 – Richmond Housing Authority (Nannette Beacham 510-621-1300).
March 15, 2022, RHA and CC meeting
M.5. Housing Authority Minutes 152
APPROVE the minutes of the January 25, 2022, special Richmond Housing Authority meeting - City Clerk's Office (Pamela Christian 510- 620-6513).
N. ADJOURNMENT
_______________________________________________________ March 15, 2022, RHA and CC meeting
O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
U. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
V. OPEN FORUM FOR PUBLIC COMMENT
W. CITY COUNCIL CONSENT CALENDAR
W.1. City Clerk's Office
W.1.a. Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill (Ab) 361
154
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
W.1.b. City Council Minutes 158
APPROVE the minutes of the January 25 and February 1, 2022, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
W.2. Community Development
W.2.a. Contract with Action Data Systems, LLC 173
APPROVE a contract with Action Data Systems, LLC to design and develop a mobile and web application for a geolocated, historical walking tour of certain historical sites within the City of Richmond, for an amount not to exceed $15,000, from March 15, 2022, to December 31, 2025 – Community Development
Department (Lina Velasco 510-620-6706).
March 15, 2022, RHA and CC meeting
W.2.b. Housing Element Annual Progress Report 2021 276
ADOPT a resolution accepting the 2021 Annual Progress
Report for the City’s Housing Element (2015-2023) – Community Development Department (Lina Velasco 510-620- 6706).
W.3. Finance Department
W.3.a. Contract with Debtbook for Debt and Lease Management Software
475
APPROVE the purchase of DebtBook software using the
National Cooperative Purchasing Alliance (NCPA) contract, to aid the City in meeting Governmental Accounting Standard GASB 87 – Accounting for Leases, in an amount not to exceed $13,500, for a term of one year beginning March 16, 2022, through March 15, 2023, with a possible two year extension, for a total contract amount not to exceed $40,500 – Finance Department (Belinda Brown 510-620-6740/Delmy Cuellar 510- 620-6790).
W.4. Fire Department
W.4.a. Resolution and Interagency Agreement to Support Hazardous Materials Program
508
ADOPT a resolution to accept and appropriate $360,335 in funding from the Contra Costa County Health Services
Hazardous Materials Division; and APPROVE a one-year
interagency agreement from July 1, 2021, to June 30, 2022, in support of the Fire Department’s Hazardous Materials
Response Program – Fire Department (Chief Angel Montoya 510-307-8041).
W.5. Human Resources
W.5.a. Contract with Matrix Consulting Group for Emergency Services Data Analysis and Report
527
APPROVE a contract with Matrix Consulting Group in an
amount not to exceed $124,000 to conduct an emergency
services data analysis – Human Resources Department (Anil Comelo 510-620-6609).
March 15, 2022, RHA and CC meeting
W.5.b. Resolution Amending the Salary Schedule for Neighborhood Change Agent, Resident Housing Manager, Senior Resident Housing Manager
566
ADOPT a resolution amending the salary schedule for
Neighborhood Change Agent, Resident Housing Manager,
Senior Resident Housing Manager Classifications – Human Resources Department (Anil Comelo/ Sharrone Taylor 510-620- 6600).
W.6. Library and Community Services
W.6.a. Graphic Art Services and Promotional Products for Richmondworks and the RichmondBUILD Academy.
570
APPROVE an amendment to the contract with Alliance
Graphics, Inc. to provide additional graphic art services and promotional products for RichmondWORKS and the
RichmondBUILD Academy. The contract term will be extended through June 30, 2023, and the contract amount will be
increased by $11,000, for a total contract amount not to exceed $51,000 – Library and Community Services Department
(Tamara Walker/Fred Lucero 510-621-1562)
W.7. Mayor's Office
W.7.a. Appointment(s) to the Zhousan Sister City Commission 603 APPROVE appointment(s) to the Richmond-Zhoushan Sister
City Commission; APPOINT Ed Medina, new appointment, seat #7, term expiration date December 31, 2024; Jason Tran, new appointment, seat #9, term expiration date December 31, 2024 – Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.b. Appointment(s) to the Personnel Board 607
APPROVE appointment(s) to the Personnel Board; APPOINT
Larry Wirsig, new appointment, seat #3, Council appointed, term expiration December 31, 2027; APPOINT Vernetta
Buckner, new appointment, seat #5, Council appointed, term expiration December 31, 2027 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.c. Appointment(s) to the Community Police Review Commission 611 APPROVE appointment(s) to the Community Police Review
Commission; APPOINT Steven Lacy, re-appointment, seat #7, term expiration date November 1, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
March 15, 2022, RHA and CC meeting
W.7.d. Appointment(s) to Update the Design Review Board 614 APPROVE an appointment to the Design Review Board;
APPOINT Marcus Christeson, new appointment, seat #6, term expiration date of March 17, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.e. Appointment(s) to the Library Commission 617
APPROVE appointment(s) to update the Library Commission; APPOINT Thomas Kaun new appointment, seat #3, term
expiration date July 1, 2025 - Office of the Mayor (Mayor Tom Butt 510-620-6503).
W.7.f. Appointment(s) to the Urban Forest Advisory Committee 620 APPROVE appointment(s) to the Urban Forest Advisory
Committee; APPOINT Robert Stanley, new appointment, seat #4, term expiration date November 17, 2024; Stewart
Winchester, new appointment, seat #8, term expiration date November 17, 2024 - Office of the Mayor (Mayor Tom Butt 510- 620-6503)
W.8. Public Works
W.8.a. Appropriate Revenues and Expenditures Related to Plan Review and Inspection Services for Development Project
624
ADOPT a resolution for authorization to appropriate $175,000 in revenues and $175,000 in expenditures related to plan review and inspection services for development projects into the Public Works Department Fiscal Year 2021-2022 budget – Public
Works Department (Joe Leach 510-620-5478).
W.8.b. Contract Amendment for NCE Engineering On-call Professional Services
627
APPROVE a resolution amending NCE (Richmond Engineering Consultant Company) on-call professional services contract to increase their contract funding capacity by $2,060,000, to an amount not to exceed $3,860,000 - Public Works Department (Joe Leach 510-620-5478).
W.8.c. Harbour-8 Park Expansion – Land Donation for Subject 640 ADOPT a resolution authorizing the city manager or their designee to execute all required documents to facilitate the acceptance of the 6,800-sf land donation by POGO Park - Public Works Department (Joe Leach 510-620-5478/Greg
Hardesty 510-620-6920).
March 15, 2022, RHA and CC meeting
X. NEW BUSINESS
X.1. Receive Feedback on a Fee Waiver Policy and Partnership Policy 644 DISCUSS the City of Richmond’s draft fee waiver and partnership policies; and PROVIDE DIRECTION on the next steps prior to policy adoption - Library and Community Services Department (LaShonda White/Rajana Maharaj 510-620-6828).
X.2. Adoption of a Resolution of Intent to Establish a Community Facilities District (CFD) for Point Molate, Adoption of Goals & Policies Statement for Community Facilities Districts, specifically for the Point Molate CFD 662
ADOPT a resolution adopting Local Goals and Policies Relating to Community Facilities Districts; ADOPT a resolution of intention to establish the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and to Designate Three Improvement Areas therein, to Authorize the Levy of a Special Tax to Pay the Cost of Acquiring or Constructing Certain Facilities, Provide Certain Services and Pay for Certain Incidental Expenses and to Pay Debt Service on Bonded Indebtedness; and ADOPT a resolution of intention to Incur Bonded Indebtedness Within the City of Richmond Community Facilities District No. 2022-1 (Point Molate), and Each of the Three Improvement Areas Therein. There is no requirement of General Fund support for these Bond measures - Public Works Department (Joe Leach 510-620-5478).
Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Z. ADJOURNMENT
March 15, 2022, RHA and CC meeting
15112430590,,,RHA25Jan2022
ud/prc
RICHMOND, CALIFORNIA, Tuesday, January 25, 2022
SPECIAL JOINT MEETING OF THE RICHMOND HOUSING
AUTHORITY/RICHMOND CITY COUNCIL
6:15 P.M.
The Special Joint meeting of the Richmond Housing Authority/Richmond City Council was called to order at 6:41 p.m.by Mayor/Chairperson Butt.
G. ROLL CALL
Present: Councilmembers/Commissioners Nathaniel Bates, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor/Vice Chairperson Demnlus Johnson III, Mayor/Chairperson Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent:
Commissioner/Councilmember Claudia Jimenez arrived after the roll was called. .
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY/CITY COUNCIL BUDGET SESSION
K.1 Fiscal Year 2021-22 Amended Budget Adjustments
ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2021-2022 Richmond Housing Authority’s amended budget adjustments with revised estimated revenues of $4,763,120 and total expenditures of $4,763,120, decreasing the FY 2021-2022 General Fund subsidy total amount by $371,456 from $1,141,828 to $770,372; and APPROVE and AUTHORIZE the RHA Executive Director and City Manager to execute a repayment agreement - Richmond Housing Authority/City of Richmond (Shasa Curl/Nannette J.
Beacham/Belinda Brown 510-621-1300).
Interim City Manager Shasa Curl, gave an overview of the matter. Housing Director Nannette Beacham, presented a PowerPoint, which highlighted the following: Amended Budget Overview FY 2021-2022; Repayment Agreement; Richmond Housing Authority Properties and Affiliated Properties; Overview RHA Accomplishments – Asset Repositioning & Finance. The following individuals gave comments via teleconference: Roy Baker and Jessi Taran.
Passed and adopted City Council Resolution No.11-22 and Housing Authority Resolution No. 2153.
Motion by Vice Mayor Demnlus Johnson III
Seconded by Councilmember McLaughlin
Ayes (7): Mayor Butt, Vice Mayor Demnlus Johnson III, Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Councilmember McLaughlin, and Tenant Commissioner Scott
Absent (1): Melvin Willis
L. ADJOURNMENT
15112430590,,,RHA25Jan2022
ud/prc
There being no further business, the meeting adjourned at 7:05 p.m.
Pamela Christian, Clerk of the City of Richmond
(SEAL)
Approved:
Thomas K. Butt, Chairperson
March 15, 2022
City Clerk's Office
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing
Authority pursuant to the provisions of AB 361
FINANCIAL IMPACT: There will be no fiscal impact associated with this action.
PREVIOUS COUNCIL
ACTION:
December 21, 2021, January 18, 2022, February 15, 2022
STATEMENT OF THE
ISSUE:
In order for the Board of Commissioners of the Richmond Housing Authority to continue conducting virtual meetings and comply with the provisions of the Brown Act it is
necessary for the Board of Commissioners of the
Richmond Housing Authority to make findings verifying
the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of the Board of
Commissioners of the Richmond Housing Authority
pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021. On September 16, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency. ● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution requires that all meetings of the Board of Commissioners of the Richmond Housing Authority will be held using teleconferencing technology. The Board of Commissioners of the Richmond Housing Authority will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS
REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS
OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, Assembly Bill (AB) 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021, that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Board of Commissioners of the Richmond Housing Authority finds as follows:
1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Board of Commissioners of the Richmond Housing Authority has considered the circumstances of the state of emergency; and
2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
Reso. No.
BE IT FURTHER RESOLVED THAT That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and
BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.
**************************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on March 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
March 15, 2022
Economic Development
DATE: March 15, 2022
TO: Chair Butt and Commissioners of the RHA Board of
Commissioners
FROM:
Nannette Beacham, Executive Director
Jose Urquilla, Facilities Maintenance Superintendent
Gabino Arredondo, Project Manager
Subject:
Contract with Automatic Door Systems, Inc.
FINANCIAL IMPACT: The proposed expenditure of $24,591 will be funded from the approved fiscal year’s Capital Fund and Operations
budget (42141191-400701).
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
Staff is seeking approval of a contract with Automatic
Door Systems, Inc. to complete the Nevin Plaza repair or replacement of the front entry automatic doors and
improve American with Disabilities Act (ADA)
accessibility.
RECOMMENDED ACTION:
ADOPT a resolution approving a contract with Automatic
Door Systems, Inc. to complete the Nevin Plaza front
door repair project, for an amount not to exceed $24,591 including a ten (10) percent contingency ($2,229) –
Richmond Housing Authority (Nannette Beacham 510-
621-1300).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
Currently, the automatic front doors at the Nevin Plaza building located at 2400 Nevin Avenue are experiencing malfunctions and are not closing and opening properly. The doors are broken and need to be repaired or replaced. Repair or replacement of these doors requires a company with S2-trained and licensed technicians. The automatic devices installed are integrated with the S2 card access security software. Since S2 security uses proprietary software and hardware, only S2-trained and licensed technicians may make repairs to the system.
The Nevin Plaza building mainly serves senior citizens and disabled residents making it even more important for improvements to commence. The Richmond Housing Authority is piggybacking on an existing City of Richmond contract to satisfy the procurement process. Bids were solicited on Bids Online and Automatic Door Systems, Inc. was the only respondent. Automatic Door Systems, Inc. has serviced the automatic doors and American with Disabilities Act (ADA) operators for the past six years and has a successful history providing service to the City of Richmond.
ATTACHMENTS:
Attachment 1 - Resolution
Attachment 2 - Contract
Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING A
RESOLUTION APPROVING A CONTRACT WITH AUTOMATIC DOOR SYSTEMS, INC. TO COMPLETE THE NEVIN PLAZA FRONT DOOR REPAIR PROJECT FOR AN AMOUNT NOT TO EXCEED $24,591 INCLUDING A 10 PERCENT
CONTINGENCY ($2,229)
WHEREAS, Richmond Housing Authority (RHA) owns and manages 244 units of rental housing in the City of Richmond; and
WHEREAS, on October 22, 2019, the RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality services to local program participants; and WHEREAS, Nevin Plaza primarily serves senior citizen and disabled residents; and WHEREAS, the front automatic doors at the Nevin Plaza building haves been malfunctioning and areis not closing and opening appropriately, which impacts access to and the security of the building; and
WHEREAS, the front automatic doors of Nevin Plaza needs to be repaired or replaced to ensure proper access in and out of the building.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF RICHMOND THAT the Executive Director is authorized to enter into a contract with Automatic Door Systems, Inc. to complete the Nevin Plaza front door replacement project for an amount not to exceed $24,591 including a 10 percent contingency ($2,229) for two years.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
Reso. No. ____
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on March 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on March 15, 2022.
____________________________________
CLERK OF THE HOUSING AUTHORITY
SPECIAL CONDITIONS
1. Contractor shall provide the services set forth in the Automatic Door Systems, Inc. Sales Quote 21-0966
2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled "General Conditions for Non- Construction Contracts Section II" (HUD-5370-C), "Certifications and Representations of Offerors" (HUD-5369-C), "Certification Regarding Debarment and Suspension" (HUD- 2992), and "Equal Employment Opportunity Certification" (HUD-9201 0) which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.
3. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond- Insurance Requirements- Type 1: "Consultants and Contractors" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority".
SCOPE OF WORK
Complete the Nevin Plaza front door replacement project.
City of Richmond
450 Civic Center Plaza
City Hall
Richmond, CA 94804
City of Richmond
2400 Nevin Ave
The Housing Authority
Richmond, CA 94804
Sales QuoteAutomatic Door Systems, Inc.
982 Terminal Way
San Carlos, CA 94070-3225
Phone: 650-592-8282
Fax: 650-598-3786
Jose Urquilla
main: ext:
cell: 510-557-5957Customer:
Location:
Quote Date
Contact
12/22/2021
21-0966
Addendums:
Project Name:
Front Entrance Door Replacement Project
Spec Section:
Project Description:
Furnish and Install New Pair of Storefront Doors with Hardware.
Front Entrance Pair
Qty.Description
Door IdDoor Location Hdwr Grp
1 72”x 84” Wide Stile BRZ Doors with 1/4” BRZ Tempered Glass. Includes Pull Handles. 1 MA LH Push Automatic Swing Door Operator Bronze Finish w/ 72” DD Header 2 Half Surface Continuous Hinge Bronze Finish
1 LCN 4040XP Rw/PA Surface Closer w/ Parallel Arm Painted Bronze Finish 1 VD QEL9947NL-OP CVR Device 3’ 313 Finish
1 VD 9947EO CVR Device 3’ 313 Finish
1 SCH PS902-2RS Power Supply w/ -2 Relay Board
1 SEC TSB-C Power Transfer Door Loop
1 LCN 4040XP-18PA Drop Plate Bronze Finish
1 BEA 10BR3X Programmable 3 Relay Logic Module (New Style) 1 Transformer 24VAC w/ Mounting 40VA Rating
1 Camden Wall Switch Transmitter 915 MHZ
1 Camden Full Function Dual Receiver 915 MHZ
1 Camden Column 36” Long Clear Alum Switch
1 NGP 653 1/2” x 1/4” Offset x 72” Threshold Mill Finish Aluminum 1 2" x 5/8" x 84" 16 GA HM Door Stop
Notes:Quoted for Regular Time Labor.
Reuse Existing Electrical & Card Reader Activation.
Includes Removal & Disposal of existing doors and hardware.
Reuse Existing Cylinder.
Scope includes material and labor to install above-stated equipment at this door location.
All work to be performed during the standard work day, which is Monday - Friday from 7am to 4pm (or as stated above).
Exclusions: 115 VAC circuit to equipment, all electrical conduit, wire, concrete work, patching, painting, any permits, licenses, material and/or labor other than noted above.
Price does not include work previously performed.
Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon written orders for same, and will be an extra charge over the sum mentioned in this proposal. All agreements must be made in writing.
PROPOSAL VALID FOR 45 DAYS FROM DATE ABOVE.
Prepared by:
Date:Signature:
Date / Time $22,290.00
Acceptance: I am duly authorized to accept the above Sales Quote according to all terms and conditions stated and owner agrees to pay amounts mentioned in said Sales Quote. Sales Quote includes any taxes and freight as applicable.
We Accept
Zach Mirich 12/22/2022:33:44 PM
Quote Total:
General Conditions for Non-ConstructionU.S. Department of Housing and Urban Contracts Development
Office of Public and Indian Housing
Section I – (With or without Maintenance Work)Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2017)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.
Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:
proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the
1) Non-construction contracts (without maintenance) contract as changed. greater than $100,000 - use Section I; (e) No services for which an additional cost or fee will be 2) Maintenance contracts (including nonroutine charged by the Contractor shall be furnished without the prior written consent of the HA. maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine 3. Termination for Convenience and Default maintenance), greater than $100,000 – use Sections I
and II. (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing
Section I - Clauses for All Non-Construction Contracts greater than $100,000
1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority. this contract, whether completed or in process. (b) "Contract" means the contract entered into between the (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to Order, or other modification. fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work and to the extent directed by the HA, any work as required under the contract. described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may
(d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and the officers and employees of the United States
Department of Housing and Urban Development acting for
and on behalf of the Secretary. be, of amounts owed to the HA by the Contractor.
2. Changes (d) If, after termination for failure to fulfill contract obligations (a) The HA may at any time, by written order, and without (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. notice to the sureties, if any, make changes within the general scope of this contract in the services to be
performed or supplies to be delivered. (e) Any disputes with regard to this clause are expressly made (b) If any such change causes an increase or decrease in the subject to the terms of clause titled Disputes herein. hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other
4. Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States, affected terms, and shall modify the contract accordingly. or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records
involving transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a Section I - Page 1 of 6 form HUD-5370-C (01/2014)
(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause, A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.
excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the
9. Assignment of Contract
performance of this contract; or, The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.
(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims, or exceptions.
5. Rights in Data (Ownership and Proprietary Interest)
10. Certificate and Release
The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.
Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.
6. Energy Efficiency
The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.
11. Organizational Conflicts of Interest
(a) The Contractor warrants that to the best of its knowledge
7. Disputes
and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that: (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
(i) Award of the contract may result in an unfair
competitive advantage; or
(ii) The Contractor's objectivity in performing the contract clause.
work may be impaired.
(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the
convenience of the HA if it would be in the best interest (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision
shall be final and conclusive. of the HA.
(d) Provided the Contractor has (i) given the notice within the (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest. merits by a court of competent jurisdiction.
(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.
12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any 8. Contract Termination; Debarment Section I - Page 2 of 6 form HUD-5370-C (01/2014) Page 41 of 827 product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative
organization, and any other instrumentality of a local
product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a government. later date if extended by the HA. "Officer or employee of an agency" includes the following (c) Failure by the Contractor to proceed with reasonable individuals who are employed by an agency:
promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position
under a temporary appointment;
(ii) A member of the uniformed services as defined in
section 202, title 18, U.S.C.;
(iii) A special Government employee as defined in section
13. Interest of Members of Congress 202, title 18, U.S.C.; and, No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory
Committee Act, title 5, appendix 2.
“Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees expenditures specifically permitted by other Federal law.
No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to
expenditures specifically permitted by other Federal law. project, shall, during his or her tenure, or for one year "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year
immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.
15. Limitation on Payments to Influence Certain Federal Transactions
(a) Definitions. As used in this clause:
"Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as
defined in 31 U.S.C. 9101(1).
"Covered Federal Action" means any of the following person for 130 working days.
Federal actions: "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(i) The awarding of any Federal contract;
(ii) The making of any Federal grant;
(iii) The making of any Federal loan;
(iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or (b) Prohibition. modification of any Federal contract, grant, loan, or (i) Section 1352 of title 31, U.S.C. provides in part that no cooperative agreement. appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered
Federal action.
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative
agreement.
(ii) The prohibition does not apply as follows:
Section I - Page 3 of 6 form HUD-5370-C (01/2014) Page 42 of 827 (1) Agency and legislative liaison by Own person requesting or receiving a covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
any covered Federal action:
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or (1) Discussing with an agency (including individual demonstrations) the qualities and
characteristics of the person's products or
services, conditions or terms of sale, and service
technical discipline.
(c) Requirements imposed by or pursuant to law
capabilities; and,
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use. documents.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
formal solicitation of any covered Federal action: section are permitted under this clause. (1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in initiation of a covered Federal action; subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited (2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission; and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
to the merits of the matter:
(i) Discussing with an agency (including individual
demonstration) the qualities and characteristics of the person's products or services, conditions or terms of
subsequent amendments. sale, and service capabilities; and (e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
(ii) Technical discussions and other activities regarding the application or adaptation of the person's products
permitted under this clause. or services for an agency's use. (2) Professional and technical services. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of- payment prohibited by this clause. (i) A payment of reasonable compensation
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.
An imposition of a civil penalty does not prevent the
Government from seeking any other remedy that may be
applicable.
(f) Cost Allowability. Nothing in this clause is to be interpreted receiving that Federal action.
to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB
Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made
specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. (ii) Any reasonable payment to a person, other than an officer or employee of a
Section I - Page 4 of 6 form HUD-5370-C (01/2014) Page 43 of 827
16. Equal Employment Opportunity Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. 17. Dissemination or Disclosure of Information (b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment
advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, No information or material shall be disseminated or disclosed to the general public, the news media, or any person or
organization without prior express written approval by the HA.
18. Contractor's Status
including apprenticeship.
It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
19. Other Contractors
or national origin.
HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt
scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. (e) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(f) The Contractor shall comply with Executive Order 11246,20. Liens as amended, and the rules, regulations, and orders of the Secretary of Labor. The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors.(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such
21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the rules, regulations, and orders. requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of
(h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further
Government contracts, or federally assisted construction contracts under the procedures authorized in Executive
Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's otherwise provided by law.
regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the (i) The Contractor shall include the terms and conditions of Part 135 regulations. this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor. The
Contractor shall take such action with respect to any
subcontractor or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that if the (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
Section I - Page 5 of 6 form HUD-5370-C (01/2014) Page 44 of 827 apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
22. Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable
performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Section I - Page 6 of 6 form HUD-5370-C (01/2014) Page 45 of 827
3/2006
OMB Control No. 2502-0029
(exp. 9/30/2016)
306Page 54 of 827
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors.Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTORis self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR,and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
March 15, 2022
Economic Development
DATE: March 15, 2022
TO: Chair Butt and Commissioners of the RHA Board of
Commissioners
FROM:
Nannette Beacham, Executive Director of the Richmond
Housing Authority
Jose Urquilla, Facilities Maintenance Superintendent
Gabino Arredondo, Project Manager
Subject:
Emergency Contract with JT Plumbing
FINANCIAL IMPACT: The proposed expenditure of $11,485 will be funded from the approved FY 2021-2022 Capital Fund and
Operations budgets ($6,900 from 42141191-400701,
$4,585 from 44444191-400544).
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
Staff is seeking approval of an emergency contract with JT Plumbing to address emergency sewage mainline
clearing and retrieval and main water line repairs at
Nevin Plaza.
RECOMMENDED ACTION:
ADOPT a resolution approving an emergency contract
with JT Plumbing to complete plumbing repairs at Nevin
Plaza for an amount not to exceed $11,485 – Richmond
Housing Authority (Nannette Beacham 510-621-1300).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
There were multiple water leaks and sewage flooding at the Nevin Plaza building located at 2400 Nevin Avenue. The leaks and flooding occurred in hallways and an occupied unit. The Richmond Housing Authority (RHA) maintenance staff currently does not have the expertise to complete the emergency plumbing work needed. Through the emergency procurement process outlined in RMC 2.52.334, staff outreached to three vendors to address the emergency issue. JT Plumbing was the only vendor who responded. JT Plumbing has previous experience with the building and responded that they could complete the job as soon as possible. The job included emergency sewage mainline clearing and retrieval and main water line repairs. One resident had to be relocated to a hotel until repairs and remediation was conducted at their unit.
The Nevin Plaza building mainly serves senior citizens and disabled residents making it even more important for improvements to commence. The RHA is currently undertaking the procurement process to have a plumbing service provider on contract and will come back to the RHA Board of Commissioners for approval of a vendor.
ATTACHMENTS:
Attachment 1 - Resolution
Attachment 2 - Emergency Contract
Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING A
RESOLUTION APPROVING AN EMERGENCY CONTRACT WITH JT PLUMBING
TO COMPLETE PLUMBING REPAIRS AT NEVIN PLAZA FOR AN AMOUNT NOT TO EXCEED $11,485
WHEREAS, Richmond Housing Authority (RHA) owns and manages 244 units of rental housing in the City of Richmond; and
WHEREAS, on October 22, 2019, the RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality services to local program participants; and WHEREAS, Nevin Plaza primarily serves senior citizen and disabled residents; and WHEREAS, there were multiple water leaks and sewage flooding which posed a public health, welfare, and safety threat to Nevin Plaza residents; and WHEREAS, RHA maintenance staff currently does have the expertise to conduct the emergency plumbing work needed; and
WHEREAS, in accordance with the emergency procurement process outlined in RMC
2.52.334 RHA reached out to multiple vendors; and
WHEREAS, one vendor responded, JT Plumbing that could complete the emergency sewage mainline clearing and retrieval and main water line repairs at Nevin Plaza in a timely manner.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF RICHMOND THAT the Executive Director is authorized to enter into a contract with JT Plumbing to complete plumbing repairs at Nevin Plaza for an amount not to exceed $11,485.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
Reso. No. ____
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on March 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
Interim City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on March 15, 2022.
____________________________________
CLERK OF THE HOUSING AUTHORITY
SPECIAL CONDITIONS
1. Contractor shall provide the services set forth in the Invoice 220 Main water line repairs & 217 Emergency Sewage mainline clearing and retrieval which are attached hereto and incorporated herein by this reference.
2. In addition to the General Conditions set forth herein, Contractor shall comply with the terms and conditions set forth in the documents entitled "General Conditions for Non- Construction Contracts Section II" (HUD-5370-C), "Certifications and Representations of Offerors" (HUD-5369-C), "Certification Regarding Debarment and Suspension" (HUD- 2992), and "Equal Employment Opportunity Certification" (HUD-9201 0) which is attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions set forth herein and the terms and conditions set forth in the attached document, the terms and conditions set forth in the attached document shall take precedence and shall prevail.
3. Contractor shall provide the insurance coverage set forth in the document entitled "City of Richmond- Insurance Requirements- Type 1: "Consultants and Contractors" which is attached hereto and incorporated herein by this reference. Contractor shall maintain said coverage during the entire term of this contract. However, wherever the document refers to the "City of Richmond" or the "CITY", the Contractor shall substitute the words "Housing Authority of the City of Richmond" or "Authority".
SCOPE OF WORK
Contractor shall provide main water line repairs and Emergency Sewage mainline clearing and retrieval for RHA facilities.
General Conditions for Non-ConstructionU.S. Department of Housing and Urban Contracts Development
Office of Public and Indian Housing
Section I – (With or without Maintenance Work)Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2017)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.
Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:
proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the
1) Non-construction contracts (without maintenance) contract as changed. greater than $100,000 - use Section I; (e) No services for which an additional cost or fee will be 2) Maintenance contracts (including nonroutine charged by the Contractor shall be furnished without the prior written consent of the HA. maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine 3. Termination for Convenience and Default maintenance), greater than $100,000 – use Sections I
and II. (a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing
Section I - Clauses for All Non-Construction Contracts greater than $100,000
1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority. this contract, whether completed or in process. (b) "Contract" means the contract entered into between the (b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal
changes to any of those documents by addendum, Change
before the effective date of the termination.
(c) If the termination is due to the failure of the Contractor to Order, or other modification. fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner (c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work and to the extent directed by the HA, any work as required under the contract. described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause,
paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may
(d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban
development, his delegates, successors, and assigns, and the officers and employees of the United States
Department of Housing and Urban Development acting for
and on behalf of the Secretary. be, of amounts owed to the HA by the Contractor.
2. Changes (d) If, after termination for failure to fulfill contract obligations (a) The HA may at any time, by written order, and without (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above. notice to the sureties, if any, make changes within the general scope of this contract in the services to be
performed or supplies to be delivered. (e) Any disputes with regard to this clause are expressly made (b) If any such change causes an increase or decrease in the subject to the terms of clause titled Disputes herein. hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other
4. Examination and Retention of Contractor's Records
(a) The HA, HUD, or Comptroller General of the United States, affected terms, and shall modify the contract accordingly. or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records
involving transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a Section I - Page 1 of 6 form HUD-5370-C (01/2014)
(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as
paragraph (a) above. "Subcontract," as used in this clause, A breach of these Contract clauses may be grounds for
termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a
subcontractor as provided in 24 CFR Part 24.
excludes purchase orders not exceeding $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to:
(i) appeals under the clause titled Disputes;
(ii) litigation or settlement of claims arising from the
9. Assignment of Contract
performance of this contract; or, The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.
(iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly
authorized representatives has taken exception shall
continue until disposition of such appeals, litigation, claims, or exceptions.
5. Rights in Data (Ownership and Proprietary Interest)
10. Certificate and Release
The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.
Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.
6. Energy Efficiency
The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.
11. Organizational Conflicts of Interest
(a) The Contractor warrants that to the best of its knowledge
7. Disputes
and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this
contract and a contractor's organizational, financial,
contractual or other interests are such that: (a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for
damages for the alleged breach there of which are not
disposed of by agreement, shall be resolved under this
(i) Award of the contract may result in an unfair
competitive advantage; or
(ii) The Contractor's objectivity in performing the contract clause.
work may be impaired.
(b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the
convenience of the HA if it would be in the best interest (b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the
Contractor shall be subject to a written decision by the HA. (c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision
shall be final and conclusive. of the HA.
(d) Provided the Contractor has (i) given the notice within the (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or
conclusive, but the dispute shall be determined on the
Officer, the HA may terminate the contract for default. (d) The terms of this clause shall be included in all
subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such
subcontracts and consulting agreements any necessary
provisions to eliminate or neutralize conflicts of interest. merits by a court of competent jurisdiction.
(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.
12. Inspection and Acceptance
(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any 8. Contract Termination; Debarment Section I - Page 2 of 6 form HUD-5370-C (01/2014) Page 82 of 827 product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required
corrections within 30 days from the date of receipt of such "Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative
organization, and any other instrumentality of a local
product from the Contractor.
(b) The Contractor shall make any required corrections
promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a government. later date if extended by the HA. "Officer or employee of an agency" includes the following (c) Failure by the Contractor to proceed with reasonable individuals who are employed by an agency:
promptness to make necessary corrections shall be a
default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. (i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position
under a temporary appointment;
(ii) A member of the uniformed services as defined in
section 202, title 18, U.S.C.;
(iii) A special Government employee as defined in section
13. Interest of Members of Congress 202, title 18, U.S.C.; and, No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. (iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory
Committee Act, title 5, appendix 2.
“Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to 14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees expenditures specifically permitted by other Federal law.
No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the "Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to
expenditures specifically permitted by other Federal law. project, shall, during his or her tenure, or for one year "Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year
immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.
15. Limitation on Payments to Influence Certain Federal Transactions
(a) Definitions. As used in this clause:
"Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as
defined in 31 U.S.C. 9101(1).
"Covered Federal Action" means any of the following person for 130 working days.
Federal actions: "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(i) The awarding of any Federal contract;
(ii) The making of any Federal grant;
(iii) The making of any Federal loan;
(iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or (b) Prohibition. modification of any Federal contract, grant, loan, or (i) Section 1352 of title 31, U.S.C. provides in part that no cooperative agreement. appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative
agreement to pay any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.
"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act. "Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered
Federal action.
cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative
agreement.
(ii) The prohibition does not apply as follows:
Section I - Page 3 of 6 form HUD-5370-C (01/2014) Page 83 of 827 (1) Agency and legislative liaison by Own person requesting or receiving a covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal action
if the payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
receiving that Federal action. Persons
other than officers or employees of a
person requesting or receiving a
covered Federal action include
Employees.
(a) The prohibition on the use of appropriated
funds, in paragraph (i) of this section, does not
apply in the case of a payment of reasonable
compensation made to an officer or employee of
a person requesting or receiving a Federal
contract, grant, loan, or cooperative agreement, if
the payment is for agency and legislative
activities not directly related to a covered Federal
action.
(b) For purposes of paragraph (b)(i)(1)(a) of
this clause, providing any information specifically
requested by an agency or Congress is permitted
at any time.
(c) The following agency and legislative liaison
activities are permitted at any time only where
they are not related to a specific solicitation for
consultants and trade associations.
(b) For purposes of subdivision (b)(ii)(2)(a) of
any covered Federal action:
clause, "professional and technical services"
shall be limited to advice and analysis
directly applying any professional or (1) Discussing with an agency (including individual demonstrations) the qualities and
characteristics of the person's products or
services, conditions or terms of sale, and service
technical discipline.
(c) Requirements imposed by or pursuant to law
capabilities; and,
as a condition for receiving a covered
Federal award include those required by law
or regulation, or reasonably expected to be
required by law or regulation, and any other
requirements in the actual award
(2) Technical discussions and other
activities regarding the application or adaptation
of the person's products or services for an
agency's use. documents.
(d) The following agency and legislative liaison
activities are permitted where they are prior to
(d) Only those services expressly authorized by
subdivisions (b)(ii)(2)(a)(i) and (ii) of this
formal solicitation of any covered Federal action: section are permitted under this clause. (1) Providing any information not
specifically requested but necessary for an
agency to make an informed decision about
(iii) Selling activities by independent sales
representatives.
(c) The prohibition on the use of appropriated funds, in initiation of a covered Federal action; subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited (2) Technical discussions regarding the
preparation of an unsolicited proposal prior to its
official submission; and
(3) Capability presentations by persons
seeking awards from an agency pursuant to the
provisions of the Small Business Act, as
amended by Public Law 95-507 and other
to the merits of the matter:
(i) Discussing with an agency (including individual
demonstration) the qualities and characteristics of the person's products or services, conditions or terms of
subsequent amendments. sale, and service capabilities; and (e) Only those activities expressly authorized
by subdivision (b)(ii)(1)(a) of this clause are
(ii) Technical discussions and other activities regarding the application or adaptation of the person's products
permitted under this clause. or services for an agency's use. (2) Professional and technical services. (d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any
(a) The prohibition on the use of appropriated
funds, in subparagraph (b)(i) of this clause,
does not apply in the case of- payment prohibited by this clause. (i) A payment of reasonable compensation
made to an officer or employee of a
person requesting or receiving a
covered Federal action or an extension,
continuation, renewal, amendment, or
modification of a covered Federal
action, if payment is for professional or
technical services rendered directly in
the preparation, submission, or
negotiation of any bid, proposal, or
application for that Federal action or for
meeting requirements imposed by or
pursuant to law as a condition for
(e) Penalties. Any person who makes an expenditure
prohibited under paragraph (b) of this clause shall be
subject to civil penalties as provided for by 31 U.S.C. 1352.
An imposition of a civil penalty does not prevent the
Government from seeking any other remedy that may be
applicable.
(f) Cost Allowability. Nothing in this clause is to be interpreted receiving that Federal action.
to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB
Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made
specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars. (ii) Any reasonable payment to a person, other than an officer or employee of a
Section I - Page 4 of 6 form HUD-5370-C (01/2014) Page 84 of 827
16. Equal Employment Opportunity Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
During the performance of this contract, the Contractor agrees as follows:
(a) The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. 17. Dissemination or Disclosure of Information (b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment
advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, No information or material shall be disseminated or disclosed to the general public, the news media, or any person or
organization without prior express written approval by the HA.
18. Contractor's Status
including apprenticeship.
It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement. (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex,
19. Other Contractors
or national origin.
HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt
scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. (e) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(f) The Contractor shall comply with Executive Order 11246,20. Liens as amended, and the rules, regulations, and orders of the Secretary of Labor. The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors.(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by
rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such
21. Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the rules, regulations, and orders. requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of
(h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further
Government contracts, or federally assisted construction contracts under the procedures authorized in Executive
Order 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's otherwise provided by law.
regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the (i) The Contractor shall include the terms and conditions of Part 135 regulations. this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the
Secretary of Labor issued under Executive Order 11246,
as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor. The
Contractor shall take such action with respect to any
subcontractor or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that if the (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
Section I - Page 5 of 6 form HUD-5370-C (01/2014) Page 85 of 827 apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
22. Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable
performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.
Section I - Page 6 of 6 form HUD-5370-C (01/2014) Page 86 of 827
02/03/04
CITY OF RICHMOND
EMERGENCY PROCUREMENT
Purpose and Background:
To provide a rapid method of procuring goods or services to prevent delays in work which may vitally affect the health, safety or welfare of citizens or employees.
Policy:
While the need for occasional emergency procurement is recognized, the practice shall be curtailed as much as possible by anticipating needs in time for the use of the regular procurement procedures.
Emergency procurements shall be authorized by the Procurement Services Division when they are in compliance with Municipal Code 2.52.334 as follows:
y Manager may make or authorize others to make emergency procurements of supplies and services, when there exists a threat to public health, welfare, or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
In case of actual emergency departments may procure any supplies, materials or equipment required, provided that the immediate procurement is essential to prevent delays in the work of the using department which may affect the health, safety or welfare of citizens.
The head of the using department shall send the Procurement Services Manager a requisition, a copy of the quotation and/or delivery record, and a full written explanation of the circumstances of the emergency, which shall be filed by the Procurement Services Manager as a permanent and public record of the purchase.
of an essential service or any threat to public health, safety or welfare.
Procedure:
Emergency procurements are not valid for contrived urgencies resulting from a lack of planning and organization.
Emergency procurements will only be approved when requested by authorized employees.
The using department shall contact the Procurement Services Division, advise them of the emergency, and request a PO number.
If the emergency arises during a time when the Procurement Services Division is normally closed, the using department may proceed with the procurement without a PO number.
It becomes the responsibility of the using department to inform Procurement Services of the details of the transaction within twenty-four (24) hours or at the earliest possible time on the first normally scheduled work day following the emergency.
02/03/04
After receipt of the required material or service, the using department shall forward to Procurement Services:
All quotation and/or delivery documents (from the vendor(s)) with City Manager Signature
Authorization (for purchases under $10,000) and with Council Signature Authorization (for purchases over $10,000) and the City Council resolution or copy of the minutes approving the specific emergency procurement.
Invoices must be mailed directly to Finance, Attn: Acct. Payable.
Upon final approval and signature, all original(s) must be returned to the Procurement Services Division
Any Purchase Order not accompanied by the required paperwork, will be returned to the originating department, and will not be processed for payment until Procurement Services receives the complete package.
It is the goal of the Procurement Services Division to save funds on all procurements. By reducing emergency procurements, significant dollar savings will be realized.
March 15, 2022
Economic Development
DATE: March 15, 2022
TO: Chair Butt and Commissioners of the RHA Board of
Commissioners
FROM:
Nannette Beacham, Executive Director of the Richmond
Housing Authority
Jose Urquilla, Facilities Maintenance Superintendent
Gabino Arredondo, Project Manager
Subject:
Contract Amendment with CD & Power DBA Got Power
FINANCIAL IMPACT: The proposed expenditure of $8,457.66 will be funded from the approved fiscal year 2021-2022 Capital Fund
budget (42141191-400701). .
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
Staff is seeking approval of an emergency contract
amendment with CD & Power DBA Got Power to
continue to provide yearly load testing, and emergency or urgent repairs to generators at Nevin Plaza.
RECOMMENDED ACTION:
ADOPT a resolution approving an emergency contract
amendment with CD & Power DBA Got Power to
continue to provide load testing, and emergency or
urgent repairs to generators at Nevin Plaza in the amount of $8,457.66, for a not to exceed total contract amount of $11,457.66, and extending the term to June 30, 2022 –
Richmond Housing Authority (Nannette Beacham 510-
621-1300).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
On April 28, 2020, the Richmond Housing Authority (RHA) entered into a two-year contract with CD & Power dba Got Power (“Vendor”) in the amount of $3,000 to provide yearly load testing and emergency or urgent repairs to generators at Nevin Plaza.
On September 14, 2021, during the Vendor’s recent generator inspection and maintenance site visit at Nevin Plaza, the Vendor diagnosed that the generator was malfunctioning and would overheat. The absence of a functioning generator is a health and safety concern to the residents of Nevin Plaza. The generator is necessary to power egress lights that are vital to the safety of senior and disabled tenants at Nevin Plaza should there be a power failure. The RHA maintenance staff does not have the expertise to complete the emergency generator repair work needed. For safety concerns, the Vendor was asked to move forward with the emergency repairs in accordance with the emergency procurement process in RMC 2.52.334. Due to the non-routine repair, there is a need to increase the regular maintenance contract amount by $8,457.66, for a total not to exceed contract amount of $11,457.66, to pay for the outstanding invoices.
ATTACHMENTS:
Attachment 1 - Resolution
Attachment 2 - Contract Amendment #1
Attachment 3 - Contract
Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING A
CONTRACT AMENDMENT WITH CD & POWER DBA GOT POWER TO CONTINUE
TO PROVIDE YEARLY LOAD TESTING, AND EMERGENCY OR URGENT REPAIRS TO GENERATORS AT NEVIN PLAZA FOR $8,457.66, FOR A NOT-TO- EXCEED TOTAL OF $11,457.66; AND EXTENDING THE CONTRACT TERM TO JUNE 30, 2022
WHEREAS, Richmond Housing Authority (RHA) owns and manages 244 units of rental housing in the City of Richmond; and
WHEREAS, on October 22, 2019, the RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) Agreement with the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, RHA remains obligated and committed to performing all HUD-required functions and providing quality services to local program participants; and
WHEREAS, Nevin Plaza primarily serves senior citizen and disabled residents; and
WHEREAS, there is a need for regular maintenance and repairs of the generators at Nevin Plaza; and
WHEREAS, on April 28, 2020, the RHA entered into a contract for $3,000.00 with CD & Power DBA Got Power (“Vendor”) to provide yearly load testing and emergency or urgent repairs to generators at Nevin Plaza; and
WHEREAS, at the Vendor’s generator inspection and maintenance site visit at Nevin Plaza on September 14, 2021, Vendor diagnosed that the generator was malfunctioning and would overheat; and
WHEREAS, not having a functioning generator is a health and safety concern to the residents of Nevin Plaza; and
WHEREAS, the RHA maintenance staff did not have the expertise to complete the emergency generator repair work needed; and
WHEREAS, due to the safety concerns and the Vendor’s professional expertise and ability to respond rapidly to a potentially escalating situation, Vendor was engaged to move forward with emergency repairs; and
WHEREAS, in accordance with the emergency procurement process outlined in RMC
2.52.334, RHA proceeded with the emergency work needed due to the situation being a life and safety risk to Nevin Plaza residents; and
WHEREAS, the non-routine, urgent repair on September 14, 2021, incurred an increased cost that necessitates increasing the regular maintenance contract amount to remit payment for the outstanding invoices in the amount of $8,457.66; and
WHEREAS, the necessary contractual increase for the emergency procurement shall have a not-to-exceed total of $11,457.66.
WHEREAS, RHA and the Vendor mutually wish to extend the term of the contract until June 30, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF RICHMOND THAT the Executive Director is
Reso. No. ____
authorized to enter into an emergency contract amendment with CD & Power DBA Got Power for an amount not to exceed $11,457.66; and to extend the term of the contract to June 30, 2022.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
Reso. No. ____
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on March 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on March 15, 2022.
____________________________________
CLERK OF THE HOUSING AUTHORITY
RICHMOND HOUSING AUTHORITY
CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the Housing Authority of the City of Richmond, California (Authority), and the following named Contractor:
Contractor Name: CD & Power
Street Address: 150 Nardi Lane
City, State, Zip Code: Martinez, CA 94553
Contact Person: Brian Benson
Telephone: 925-229-2700 ext. 126 Email: [email protected]
Business License No: 40050391 / Expiration Date:
A California [X ] 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 Authority and Contractor which was approved by the Board of Commissioners of the Housing Authority of the City of Richmond or executed by the Authority’s Executive Director on 4/28/2020. 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.
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.
Department: Richmond Housing Authority Project Manager: Nannette Beacham Project Manager E-mail: [email protected] Project Manager Phone No. 621-1300 P.R. Contract/P.O. No. 155/22200280
Description of Services : Annual generator service and testing for RHA's generators at Nevin Plaza Amendment No. 1 modifies the:
X Term and Payment Limit Payment Limit Term X Service Plan
Contract Amendment between the Housing Authority of the City of Richmond and
Amendment No. 1 Contract No. 155
c:\Authority contract amendment form\EJ (6/17/2015)
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 before any provision of this Contract Amendment will be deemed to take effect.
6. Signatures. These signatures attest the parties’ agreement hereto:
THE HOUSING AUTHORITY FOR THE
CITY OF RICHMOND, CALIFORNIA
By ______________________________
Title: ____________________________
List of Attachments:
1. Amendment Provisions
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; and (3)
should be accompanied by completed
notary acknowledgment forms)
(Complete the notary acknowledgments
attached hereto)
Contract Amendment between the Housing Authority of the City of Richmond and
Amendment No. 1 Contract No. 155
c:\Authority contract amendment form\EJ (6/17/2015)
AMENDMENT PROVISIONS (TERM AND PAYMENT LIMIT)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is 4/28/2020
and it terminates 6/30/2022 unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $8,457.66. Paragraph 3 of the Original Contract is amended to read as follows:
3. Payment Limit. Authority’s total payments to Contractor under this Contract shall not exceed $ 11,457.66 ."
The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority’s Executive Director if the total Contract amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total Contract amount is over $10,000.
Contract Amendment between the Housing Authority of the City of Richmond and
Amendment No. 1 Contract No. 155
c:\Authority contract amendment form\EJ (6/17/2015)
AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following task and/or services:
In addition to routine maintenance emergency work was recommended to proceed which included a new water pump, thermostat, and gasket.
CITY OF RICHMOND
'EMERGENCY JUSTIFICATION' FORM
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PROCUREMENT Vendor Name: C&D POWER dba CALIFORNIA DIESEL & POWER
Amount: $ 8,457.66
Phone Number: (866) 468-7697 E-mail: [email protected]
City Contact: Jose Urquilla Phone: (510) 620-6896
Emergency procurements should be made only ... 1) to preserve life, health or property; 2) upon a natural disaster; 3) to correct or forestall a shutdown to maintain essential public services; or 4) other unforeseeable events . This form must be forwarded to Procurement Services, with all required backup documentation from the vendor within twenty-four (24) hours or at the earliest possible time on the first normally scheduled work day following the emergency.
Describe the specific nature of the emergency and justification for the selection of the vendor.
Describe items/services purchased , dates , costs, delivery timeframe, etc. Attach any cost comparisons, quotations, Council agenda statements, resolutions, or other pertinent information:
(use additional sheet if necessary)
Emergency repair needed for generator at Nevin Plaza. During what was thought to be ro~/ maintenance , a major repair was needed. The generator is necessary to power egress lights that are vital to the safety of seniGr and disabled tenants at Nevin Plaza should there be a power failure .
Emergency Justification Forms must be signed by the Procurement Services Manager before submission to the City Manager or City Council.
Department Head Signat7· --1---UJ1Jru..J(.-L£(...~~!1L!.......!fff ~......._· ::::: Y I Jl/ I_!}__~ Finance Director Signatur /·=----r="-':::::i~:;;___--+- Date : c:? I __d:l_/ ~:l_ City Manager Sign Date: __ / _ _ / __
(Emergency purchases estimating/totaling UNDER $10,000.00 require City Manager's signature) City Council Authorization : Council Date: / _ _ / _ _
(Emergency purchases estimating/totaling OVER $10,000.00 require Council approval. Attach Resolution.) NOTE: FINAL APPROVAL BY CITY MANAGER AND/OR CITY COUNCIL IS REQUIRED IN ACCORDANCE WITH MUNI. CODE SECTION 2.52.334 EMERGENCY PROCUREMENT
CITY OF RICHMOND
EMERGENCY PROCUREMENT
02/03/04 Page 111 of 827
Purpose and Background:
To provide a rapid method of procuring goods or services to prevent delays in work which may vitally affect the health, safety or welfare of citizens or employees.
Policy:
While the need for occasional emergency procurement is recognized, the practice shall be curtailed as much as possible by anticipating needs in time for the use of the regular procurement procedures .
Emergency procurements shall be authorized by the Procurement Services Division when they are in compliance with Municipal Code 2.52.334 as follows:
" ... the City Manager may make or authorize others to make emergency procurements of supplies and services, when there exists a threat to public health, welfare, or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file." In case of actual emergency departments may procure any supplies, materials or equipment required, provided that the immediate procurement is essential to prevent delays in the work of the using department which may affect the health, safety or welfare of citizens.
The head of the using department shall send the Procurement Services Manager a requisition, a copy of the quotation and/or delivery record, and a full written explanation of the circumstances of the emergency, which shall be filed by the Procurement Services Manager as a permanent and public record of the purchase.
An "emergency" is defined as a breakdown in machinery or equipment or the interruption of an essential service or any threat to public health, safety or welfare.
Procedure:
Emergency procurements are not valid for contrived urgencies resulting from a lack of planning and organization.
Emergency procurements will only be approved when requested by authorized employees.
The using department shall contact the Procurement Services Division, advise them of the emergency, and request a PO number.
If the emergency arises during a time when the Procurement Services Division is normally closed, the using department may proceed with the procurement without a PO number.
It becomes the responsibility of the using department to inform Procurement Services of the details of the tranfaction within twenty-four (24) hours or at the earliest possible time on the first normally scheduled work day following the emergency.
02/03/04
Mter receipt of the required material or service, the using department shall forward to Procurement Services:
• All quotation and/or delivery documents (from the vendor(s)) • The completed 'Emergency Justification' form with City Manager Signature Authorization (for purchases under $10,000) and with Council Signature Authorization (for purch:ases over $10,000) and the City Council resolution or copy of the minutes approving the specific emergency procurement. • Invoices must be mailed directly to Finance, Attn: Acct. Payable. • Upon final approval and signature, all original(s) must be returned to the Procurement Services Division
Any Purchase Order not accompanied by the required paperwork, will be returned to the originating department, and will not be processed for payment until Procurement Services receives the complete package.
It is the goal of the Procurement Services Division to save funds on all procurements. By reducing emergency procurements, significant dollar savings will be realized . . ,
02/03/04 Page 113 of 827
15124041578,,,RHA25Jan2022(1)
ud/prc
RICHMOND, CALIFORNIA, Tuesday, January 25, 2022
SPECIAL JOINT MEETING OF THE RICHMOND HOUSING
AUTHORITY/RICHMOND CITY COUNCIL
6:15 P.M.
The Special Joint meeting of the Richmond Housing Authority/Richmond City Council was called to order at 6:41 p.m.by Mayor/Chairperson Butt.
G. ROLL CALL
Present: Councilmembers/Commissioners Nathaniel Bates, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor/Vice Chairperson Demnlus Johnson III, Mayor/Chairperson Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent:
Commissioner/Councilmember Claudia Jimenez arrived after the roll was called. .
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY/CITY COUNCIL BUDGET SESSION
K.1 Fiscal Year 2021-22 Amended Budget Adjustments
ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2021-2022 Richmond Housing Authority’s amended budget adjustments with revised estimated revenues of $4,763,120 and total expenditures of $4,763,120, decreasing the FY 2021-2022 General Fund subsidy total amount by $371,456 from $1,141,828 to $770,372; and APPROVE and AUTHORIZE the RHA Executive Director and City Manager to execute a repayment agreement - Richmond Housing Authority/City of Richmond (Shasa Curl/Nannette J.
Beacham/Belinda Brown 510-621-1300).
Interim City Manager Shasa Curl, gave an overview of the matter. Housing Director Nannette Beacham, presented a PowerPoint, which highlighted the following: Amended Budget Overview FY 2021-2022; Repayment Agreement; Richmond Housing Authority Properties and Affiliated Properties; Overview RHA Accomplishments – Asset Repositioning & Finance. The following individuals gave comments via teleconference: Roy Baker and Jessi Taran.
Passed and adopted City Council Resolution No.11-22 and Housing Authority Resolution No. 2153.
Motion by Vice Mayor Demnlus Johnson III
Seconded by Councilmember McLaughlin
Ayes (7): Mayor Butt, Vice Mayor Demnlus Johnson III, Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Councilmember McLaughlin, and Tenant Commissioner Scott
Absent (1): Melvin Willis
L. ADJOURNMENT
15124041578,,,RHA25Jan2022(1)
ud/prc
There being no further business, the meeting adjourned at 7:05 p.m.
Pamela Christian, Clerk of the City of Richmond
(SEAL)
Approved:
Thomas K. Butt, Chairperson
March 15, 2022
City Clerk's Office
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
)
Continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of
Assembly Bill (Ab) 361
FINANCIAL IMPACT: There is no additional financial impact.
PREVIOUS COUNCIL
ACTION:
December 21, 2021, January 18, 2022, February 15, 2022
STATEMENT OF THE
ISSUE:
In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of executive orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.
On September 15, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The city will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
MAKING FINDINGS REQUIRING THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021 that “strongly recommend” on- online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in- person meetings, including six feet of spacing between all in attendance; and
WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Richmond finds as follows:
1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVI-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and
2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and
Reso. No.
BE IT FURTHER RESOLVED, That All City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held March 15, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
1 RICHMOND, CALIFORNIA,
January 25, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 P.M.
The Richmond City Council Evening Open Session was called to order at 5:12 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Claudia Jimenez, Eduardo Martinez, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates and Gayle McLaughlin.
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
Government Code Section 54956.9
C.1.a Veretta Edwards v. City of Richmond
C.1.b Sean Radetich v. City of Richmond
C.1.c Charles Rigmaiden v. City of Richmond
C.1.d Felix Tan v. City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) C.2.a SPRAWLDEF etal. v. City of Richmond
C.2.b The GuidivilleRancheria of California, et al. v. The United States of America, et. al.
C.2.c North CoastRivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.2.d Richmond Shoreline Alliance, SPRAWLDEF, Citizens for EastShore Parks, Sunflower Alliance, and GreenAction for Health and EnvironmentalJustice v. City of Richmond
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) C.3.a Three cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and
2 circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
C.3.b One Case - Veolia Mediation
C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
C.4.a Title: City Manager
D. PUBLIC COMMENT BEFORE CLOSED SESSION
The following individuals gave comments via teleconference in opposition to the proposed development plan at Point Molate: Daniella Zacky, Jeanne Kortz, and Andres Soto. Tarnel Abbott and Daniella Zacky urged the city council to exit the development agreement for the Campus Bay Project.
E. ADJOURN TO CLOSED SESSION
The Open Session adjourned at 5:12 p.m. Closed Session adjourned at 6:38 p.m.
F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING AUTHORITY /
RICHMOND CITY COUNCIL
6:15 P.M.
The Special Joint meeting of the Richmond Housing Authority/Richmond City Council was called to order at 6:41 p.m.by Mayor/Chairperson Butt.
G. ROLL CALL
Present: Councilmembers/Commissioners Nathaniel Bates, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor/Vice Chairperson Demnlus Johnson III, Mayor/Chairperson Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent:
Commissioner/Councilmember Claudia Jimenez arrived after the roll was called. .
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY/CITY COUNCIL BUDGET SESSION
K.1 Fiscal Year 2021-22 Amended Budget Adjustments
ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2021-2022 Richmond Housing Authority’s amended budget adjustments with revised estimated revenues of $4,763,120 and total expenditures of $4,763,120, decreasing the FY 2021-2022 General Fund subsidy total amount by $371,456 from $1,141,828 to $770,372; and APPROVE and AUTHORIZE the RHA Executive Director and City Manager to execute a repayment agreement - Richmond Housing Authority/City of Richmond (Shasa Curl/Nannette J.
Beacham/Belinda Brown 510-621-1300).
Interim City Manager Shasa Curl, gave an overview of the matter. Housing Director Nannette Beacham, presented a PowerPoint, which highlighted the following: Amended Budget Overview FY 2021-2022; Repayment Agreement; Richmond Housing Authority Properties and Affiliated Properties; Overview
3 RHA Accomplishments – Asset Repositioning & Finance. The following individuals gave comments via teleconference: Roy Baker and Jessi Taran.
Passed and adopted City Council Resolution No. 11-22 and Housing Authority Resolution 2153.
Motion by Vice Mayor/Vice Chairperson Demnlus Johnson III Seconded by Councilmember/Commissioner McLaughlin
Ayes (7): Mayor Tom Butt, Vice Mayor/Vice Chaiperson Demnlus Johnson III, Councilmembers/Commissioners Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, and Tenant Commissioner Scott.
Absent (1): Councilmember/Commissioner Melvin Willis.
L. ADJOURNMENT
There being no further business, the meeting adjourned at 7:05 p.m.
M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 P.M.
The Regular Meeting of the Richmond City Council was called to order at 7:05 p.m. by Mayor Thomas K. Butt via teleconference.
N. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent:
Councilmember Melvin Willis was absent the entire meeting.
O. STATEMENT OF CONFLICT OF INTEREST
None.
P. AGENDA REVIEW
Item U.5. was moved up for discussion after Open Forum, followed by Item U.4.
Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire, reported the following:
C.1.a. Veretta Edwards v. City of Richmond - A motion was made by Councilmember McLaughlin, seconded by Councilmember Jimenez, approved 6-1, Mayor Butt voted no.
C.1.b. Sean Radetich v. City of Richmond - A motion was made by Councilmember Jimenez, seconded by Vice Mayor Johnson III, approved unanimously.
C.1.c. Charles Rigmaiden v. City of Richmond - A motion was made by Councilmember Jimenez, seconded by Vice Mayor Johnson III, approved 6-1, Mayor Butt voted no.
C.1.d. Felix Tan v. City of Richmond - A motion was made by Vice Mayor Johnson III, seconded by Councilmember McLaughlin, approved unanimously.
The Point Molate items were not discussed.
C.2. Campus Bay matter - A motion was made by Councilmember McLaughlin, seconded by Councilmember Jimenez, the Council agreed to not participate in litigation nor file a brief or appear in the matter by a 4-2-1 vote. Councilmember Bates and Mayor Butt voted no and Vice Mayor Johnson III abstained.
C.3.a. - Not discussed.
4 C.3.b. - Mediation was conducted. No reportable action taken.
C.4.a. - No reportable action taken.
R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum for Public Comment)
Interim City Manager, Shasa Curl reported that there was not a project proposed by city staff to house members of the homeless community at the Sure Stay Hotel.
S. CRIME REPORT FROM POLICE CHIEF (public comment allowed under Open Form for Public Comment)
Police Chief Louie Tirona reported the following since the last update: one homicide; four assaults with firearms; forty four robberies; nine carjackings; twelve sexual assaults; and thirty eight recovered firearms.
T. OPEN FORUM FOR PUBLIC COMMENT
Jan Mignone reported that there was an elderly man in a wheelchair in the street for hours and the outreach group organization was called and did not assist.
Ruth Gutierrez, Dave Bleckinger, Camille Celluci, Cara Giovanniello, Carmen Vasquez, Stephanie Brown, Ellie Vargas, Erika Cruces De Zavala, and MK, expressed concern about the possibility of unhoused individuals being placed at the Sure Stay Hotel so close to Washington Elementary School.
Tarnel Abbott stated that Campus Bay/Zeneca Project should not move forward due to the toxicity of the site.
Jessi Taran, Lea Murray, and Randy Joseph gave comments regarding unhoused community members and the urgent need to find a suitable location for unhoused residents.
Ramon Quintana, Payton Silket, and Terry Dunn stated that most of the unhoused individuals were not sexual predators and not a threat to the children at Washington Elementary School.
Councilmember Jimenez stated that there were no sex offenders residing at the Sure Stay Hotel.
Graham Perrit expressed concern regarding countywide unhoused individuals being brought into Richmond.
Don Gosney stated Council Redistricting detail maps were now available on the city's website.
U. STUDY AND ACTION SESSION
U.1 Application for the Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Funding for Fiscal Year 2022-23 for the Richmond Ferry to Bridge Bicycle & Pedestrian Network Improvements project ADOPT a resolution authorizing a request to the Metropolitan Transportation Commission for the allocation of Fiscal Year 2022-23 Transportation Development Act Article 3 pedestrian/bicycle project funding for the Richmond Ferry to Bridge Bicycle & Pedestrian Network Improvements project; and to ACCEPT and APPROPRIATE the funds should the grant be awarded – Public Works Department (Joe Leach 510-620-5478/Patrick Phelan 510-307-8111) Public Works Director, Joe Leach gave an overview. Bruce Beyaert gave comments via teleconference.
5 Passed and adopted Resolution No. 12-22.
Motion by Vice Mayor Demnlus Johnson III
Seconded by Councilmember Claudia Jimenez
Ayes (6): Mayor Butt, Vice Mayor Demnlus Johnson III, Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, and Councilmember McLaughlin Absent (1): Melvin Willis
U.2 Vacant seats on Richmond Boards, Commissions, and Committees ANNOUNCE recent resignation from City of Richmond boards, commissions, and committees and vacancies as of January 19, 2022, and ask that interested individuals send applications to the City Clerk – Office of the Mayor (Mayor Tom Butt 510-620-6503).
Mayor Butt announced the vacancies. Yenny Garcia gave comments via teleconference.
U.3 Study Session for the Potential Formation of a Community Facilities District for Point Molate
RECEIVE information and quantitative analysis regarding the potential formation of a Community Facilities District for the Point Molate development project; and after deliberation, CONSIDER providing any policy direction, as needed, regarding formation of a Community Facilities District for the Point Molate development project – Finance Department (Belinda Brown 510-620-6740).
Public Works Director, Joe Leach gave an overview. Mark Northcross, NHA Advisors, presented a PowerPoint, which highlighted the following: Major Policy Questions; The Integra Valuation Policy; Potential Implications of the Integra Valuation Study; and Potential Surplus Tax Revenues. Discussion ensued. (10:58 p.m. - A motion was made by Councilmember Bates, seconded by Vice Mayor Johnson III, to extend the meeting failed by the following vote: Ayes:
Councilmembers Bates, Vice Mayor Johnson III, and Mayor Butt. Noes:
Councilmembers Martinez and McLaughlin. Absent: Councilmember Willis.
Abstain: Councilmember Jimenez).
U.4 Healthy Options at Point of Sale
RECEIVE a report on research conducted by Healthy Options at Points of Sale (HOPS) youth advocates; and DIRECT staff to draft an ordinance to be considered by the Council within 60 days requiring large retail stores to stock healthier checkout items – Councilmember Gayle McLaughlin (510-620-6636).
Councilmember McLaughlin gave an overview. Ingrid De Santiago and Selena Din, HOPS Program Coordinators, presented a Powerpoint, which highlighted the following: Healthy Retail; Richmond Community Assessment; Survey of Richmond Voters; Store Checkout Assessment Highlights; Focus Group and Key Interview Findings; Retailer Interview Findings; Keeping Soda in the Soda Isle Survey; Healthy Retail Suggestions; Enforcement; and Impact of Healthy Retail.
Discussion ensued. The following individuals gave comments: Don Gosney, Jacquelyne Vera, Zamarion Wilson, Joan Binalinbing, and Nefertiti KFJoanna Pulido, Luis Chacon, Yenny Garcia.
Directed staff to draft an ordinance:
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Claudia Jimenez
6 Ayes (5): Mayor Tom Butt, Vice Mayor Demnlus Johnson III, Councilmembers Claudia Jimenez, Eduardo Martinez, and Gayle McLaughlin Abstentions (1): Councilmember Nathaniel Bates
Absent (1): Councilmember Melvin Willis
U.5 Report on Unhoused Interventions
RECEIVE an update on the status of certain unhoused interventions and PROVIDE staff input on next steps –Community Development Department (Lina Velasco 510-620-6706).
Planning Director Lina Velasco presented a PowerPoint which highlighted the following: Homeless Task Force; City Committees; Homelessness Strategic Plan, Plan Drafting and Framework; Presentation of Initial Strategies and Framework; Assessment of Existing Systems and Services; Community & Stakeholder Engagement; Synthesis and Recommendations; Begin Preliminary Framework; Finalize and Approve Strategic Plan; Safe Parking Sites Pilot program; and Rydin/Castro Safe Parking Program. Discussion ensued. Christy Saxton, Contra Costa Health Services, Interim Director Health, Housing & Homeless Services, confirmed that no sex offenders would be placed at the Sure Stay Hotel. The following individuals gave comments via teleconference: Oscar Garcia, Jessi Taran, Jan Mignone, Leisa Johnson, Mister Phillips, Emily Ross, Washington Parents, Shiva Mishek, Terry Dunn, Lea Murray, Lupe, Maeve Bergman, Katherine Rubie, and Shawn Dunning. A motion was made by Councilmember McLaughlin, seconded by Councilmember Martinez to 1) authorize city staff to enforce parking regulations for any new RV’s coming into Rydin Road who are not already in the program; 2) when tents are in parking spaces, authorize staff to work with CORE to help them respectfully transition to a new location; 3) authorize staff to offer storage to RV and vehicle households for their outdoor belongings; and 4) authorize staff to consider cash for cars. Councilmember Martinez made a friendly amendment to direct staff to collaborate with all stakeholders, organizations, and as-hoc committees, to develop a clear vetting process for all placements; that staff consider the ideas provided in an e-mail from the Clean Rydin Incentive Program. The friendly amendment was accepted. City staff would continue to work with the ad-hoc committee to determine what services would still be needed on Rydin Road and an update would be provided to the city council in February.
Passed:
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Eduardo Martinez
Ayes (5): Vice Mayor Demnlus Johnson III, Councilmembers Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, and Gayle McLaughlin Noes (1): Mayor Tom Butt
Absent (1): Councilmember Melvin Willis
V. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
7 W. ADJOURNMENT
There being no further business, the meeting adjourned at 11:02 p.m., in memory of Lavora Duckett and Jay Francis, to meet again on February 1, 2022.
Clerk of the City of Richmond Mayor
1 RICHMOND, CALIFORNIA,
February 1, 2022, 5:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION February 1, 2022 - 5:00 p.m.
The Richmond City Council Evening Open Session was called to order at 5:00 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Eduardo Martinez, Gayle McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates, Claudia Jimenez, and Vice Mayor Demnlus Johnson III arrived after the roll was called.
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Hernandez v. Hodges
SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three Cases
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is
attaching to this agenda four communications regarding
the amended judgment and various agreements related to
Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section
54956.9(d)(2) and (e)(3).
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One case - Veolia Mediation
C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Manager
2 D. PUBLIC COMMENT BEFORE CLOSED SESSION
There were no public comments via teleconference.
E. ADJOURN TO CLOSED SESSION
________________________________________________________ The Open Session adjourned to Closed Session at 5:02 p.m. Closed Session adjourned at 6:42 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
February 1, 2022 - 6:30 p.m.
The Regular Meeting of the Richmond City Council was called to order at 6:46 p.m. by Mayor Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Councilmembers Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Absent:
Councilmember Nathaniel Bates arrived after the roll was called.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Mayor Thomas K. Butt proposed to move Item R.3 for discussion immediately following the Consent Calendar.
City Clerk Pamela Christian announced the following corrections to the ordinance for Item O.2.a regarding coal: (1) on page two of the draft ordinance (page 28 of 789 of the agenda packet), a recital states that the first reading occurred “on January 11, 2022”, this should read “January 18, 2022”; (2) on page four of the draft ordinance (page 30 of 789 in the agenda packet), the Supporting Statement of Fact for finding D stated, “The proposed amendments to not” and should state, “The proposed amendments do not”; and (3) on page five of the draft ordinance (page 31 of 789 of the agenda packet), the date for the first reading should be changed from “January 11, 2022” to “January 18, 2022”.
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Eduardo Martinez
To overrule the mayor and hear the Open Forum, Item Q.1, and Item R.3 respectively following Item P.1 failed.
Ayes (3): Councilmembers Claudia Jimenez, Eduardo Martinez, and Gayle McLaughlin Noes (3): Mayor Thomas K. Butt, Vice Mayor Demnlus Johnson III, and Councilmember Nathaniel Bates
Abstentions (1): Councilmember Melvin Willis
Items R.3 and Q.1 were moved respectively for discussion immediately following the Consent Calendar.
3 K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire reported there was no action taken on the Hernandez v. Hodges litigation. Mr. Aleshire reported in regard to the three existing litigations related to Point Molate, there was a motion that indicated the City of Richmond received a communication from the East Bay Park District and the city attorney was directed to respond to that matter. Mr. Aleshire reported with regard to a clarifying letter related to the anticipated litigation cases, the city attorney was directed to return a letter to the Court of Appeals on the matter by a vote of 4 to 3, Councilmember Nathaniel Bates, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt voted no.
Mr. Aleshire reported that the Veolia mediation matter was discussed with no action taken and the city manager's performance evaluation was deferred. Mr. Aleshire stated that the letter regarding Point Molate was clarifying that the council previously decided not to participate in the litigation matter, and the council was reaffirming that with regards to the brief that was filed, the City of Richmond was not taking any position with regards to that litigation.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Interim City Manager Shasa Curl invited the community to the virtual Pan-African Flag Raising Ceremony in honor of Black History Month on February 2, 2022, at 10:00 a.m. at the Richmond City Hall via Zoom. Ms. Curl announced the following three City of Richmond grant opportunities: Richmond Fund for Children and Youth grant application deadline was February 7, 2022; Environmental Community and Investment Agreement competitive grant application deadline was February 13, 2022; and Love Your Block grant application deadline was February 25, 2022. Ms. Curl encouraged the community to call (510) 620-6563 with questions regarding the grants or visit the City of Richmond's website. Ms. Curl acknowledged all of the City of Richmond's grant administrators for their work.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR (public comment allowed under Open Forum)
Public Works Director Joe Leach presented a Powerpoint that highlighted the following abatement activities: Unity Park/Martin Luther King Day of Service and Booker T.
Anderson Park debris management; illegal dumping removal, encampment abatement, and total tonnage collected; graffiti removal; and partnerships. The council recommended video surveillance in targeted illegal dumping areas. The council reported an abandoned vehicle and debris located near the Veterans Memorial Hall building on 23rd Street. The council recommended repairing the recurring damaged fence, located at Cutting Boulevard and Intestate-80 near Laurel Park, with iron fencing.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Robert Travis gave comments regarding contract negotiations between the United Steel Workers (USW) labor union and the Richmond Chevron Refinery. Mr. Travis reported that the refinery was refusing a safe and orderly shutdown despite a potential work stoppage and may assign unskilled labor. Mr. Travis urged the council to support the USW in protecting the community.
Don Gosney gave comments regarding the redistricting process and draft maps. Mr.
Gosney thanked the City Clerk’s Office for the improvements to the draft maps per his suggestions.
4 Mark Wassberg gave comments regarding a post on Tom Butt’s E-Forum regarding the vice mayor signing a city contract for legal services on the mayor’s signature line.
Elsa Stevens gave comments in support of the Richmond Progressive Alliance and its affiliate organizations. Ms. Stevens expressed that the USW deserved a safe workplace at the Richmond Chevron Refinery and that she planned to show solidarity.
Linda Whitmore requested pothole repairs on Florida Street from South 2nd Street to Harbour Way. Ms. Whitmore reported that there was a homeless encampment with several tents in a fenced-off area on Cutting Boulevard and Harbour Way.
Vice Mayor Demnlus Johnson III invited the community to the virtual Pan-African Flag Raising Ceremony on February 2, 2022, at 10:00 a.m. at the Richmond City Hall via Zoom. Vice Mayor Demnlus Johnson III stated that whenever the council voted to take action and the mayor refused to execute his duties, it was his responsibility as the vice mayor to carry the duties out if the mayor chose not to perform such duties.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Eduardo Martinez
Seconded by Vice Mayor Demnlus Johnson III
To approve all items on the Consent Calendar passed.
Ayes (7): Mayor Thomas K. Butt, Vice Mayor Demnlus Johnson III, Councilmembers Nathaniel Bates, Claudia Jimenez, Eduardo Martinez, Melvin Willis, and Gayle McLaughlin
O.1 City Clerk's Office
O.1.a Minutes of the Regular December 21, 2022, City Council Meeting APPROVE the minutes of the December 21, 2022, Regular City Council Meeting - City Clerk's Office (Pamela Christian 510-620-6513).
O.2 Community Development
O.2.a Amendments to Richmond Municipal Code (RMC) Article 15.04.615 (PLN21-427)
ADOPT an ordinance (second reading) amending Richmond Municipal Code Sections 15.04.615.050.C and 15.04.615.010.B to extend the amortization period for existing nonconforming land uses related to coal and petroleum coke storage and handling and require the discontinuation of all such uses by December 31, 2026; and; DETERMINE that the ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is not a Project under CEQA (CEQA Guidelines section 15378) and because it is exempt from CEQA pursuant to CEQA Guidelines sections 15301 (existing facilities exemption), 15307 (action to protect natural resources), 15308 (action to protect the environment), and/or 15061(b)(3) (“Common Sense” exemption where there is no reasonable possibility of a significant effect on the environment) – Community Development Department (Lina Velasco 510-620-6841).
Adopted Ordinance No. 02-22 N.S.
5 O.3 Economic Development
O.3.a City-Wide Community Benefits Policy (Ordinance)
ADOPT an ordinance (second reading) for a city-wide community benefits policy – City Manager’s Office (Shasa Curl 510-620-6512).
Adopted Ordinance No. 03-22 N.S.
O.4 Finance Department
O.4.a Investment and Cash Balance Report for the Month of December 2021
RECEIVE the City’s Investment and Cash Balance Report for the month of December 2021 – Finance Department (Belinda Brown 510-620-6740).
O.5 Human Resources
O.5.a Resolution amending the salary schedule for Police Chief, City Clerk, and Director of Information Technology Classifications
ADOPT a resolution amending the City’s salary schedule to revise the salary ranges for City Clerk, Director of Information Technology, and Police Chief – Human Resources Department (Anil Comelo/Sharrone Taylor 510-620-6600).
Adopted Resolution No. 13-22
O.6 Mayor's Office
O.6.a Black History Month – February 2022
PROCLAMATION declaring February 2022 as Black History Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.7 Police Department
O.7.a Proposed 2-year sole-source contract with T2 Systems (referred to as “T2”) to provide citation services, collection services support, and data transfer to California Department of Motor Vehicles.
APPROVE a 2-year sole source contract with T2 Systems for an amount not to exceed $50,000, for the period January 1, 2021, to December 31, 2022 – Police Department (Louie Tirona 510-621-1802).
O.8 Public Works
O.8.a Resolution to Accept and Appropriate Hellman Foundation Grant Funds to Purchase Maintenance Equipment to Support the City of Richmond Parks Maintenance
APPROVE a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $264,000 from Hellman Foundation to purchase maintenance equipment to support City of Richmond Parks and Landscape Maintenance Division – Public Works Department (Joe Leach 510-620- 5478).
Adopted Resolution No. 14-22
6 P. PUBLIC HEARINGS
P.1 Redistricting Public Hearing
HOLD THE FOURTH PUBLIC HEARING AT 7:00 P.M. to receive public input on draft maps of voting district boundaries as part of the City’s redistricting process; SELECT a map to establish district boundaries; and determine election sequence – City Clerk’s Office (Pamela Christian 510-620-6513).
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Senior Consultant Shalice Tilton of National Demographics Corporation presented a Powerpoint that highlighted the following:
redistricting process, rules, and goals; demographic summary of existing districts; draft maps summary and review; Interactive Map Viewer tool; redistricting webpage; and proposed sequencing. Discussion ensued. Mayor Butt declared the public hearing opened. The following individuals gave comments via teleconference: Don Gosney, Elsa Stevens, Jan Mignone, Mark Wassberg, Leisa Johnson, Eunice (last name not stated), Philip Rosenthal, Madalyn Law, Susan Wehrle, Oscar Garcia, Yenny Garcia, Linda Whitmore, Ahmad Anderson, Arto Rinteela, Debi McIntyre, Annie P., David Sharples, Jim Hanson, Norma (last name not stated), Brendan Boland, Randy Joseph, Lori Hart, Cesar Zepeda, Emily Ross, Luis Chacon, Bhavin Khatri, Samuel Lewis, James Daniels, Naomi Williams, Garland Ellis, Eli Moore, Paul Carman, Rita Barouch, Shawn Dunning, Michele Rappaport, Edith Pastrano, Deborah Bayer, Marisol Cantu, Lory Poulson, Sara Cantor, Susan Singh, and David Gutfield. Mayor Butt closed the public hearing. Further discussion ensued. The council recommended staff hold another redistricting community workshop before the next public hearing on this matter.
Motion by Councilmember Nathaniel Bates
Seconded by Councilmember Melvin Willis
To close the public hearing, allow the council to review the public comments received and obtain information from staff, and determine the voting district boundaries at a future City Council meeting. A friendly amendment made by Councilmember Claudia Jimenez to allow map submitters an opportunity to submit revised maps was not accepted.
Motion by Councilmember Gayle McLaughlin
Seconded by Councilmember Eduardo Martinez
Substitute motion to allow map submitters an opportunity to submit revised maps, hold off on voting, and vote on the matter at a subsequent City Council meeting passed.
Ayes (5): Vice Mayor Demnlus Johnson III, Councilmembers Claudia Jimenez, Eduardo Martinez, Melvin Willis, and Gayle McLaughlin
Noes (2): Mayor Thomas K. Butt and Councilmember Nathaniel Bates P.2 Appeal of Planning Commission’s approval of a conditional use permit and design review (PLN20-043)
ADOPT a Resolution Denying the Appeal and Affirming the Planning Commission’s conditional approval of a Conditional Use Permit and Design Review, to construct a single-family residence on a vacant parcel located within the RL1 zoning district and -S, Shoreline overlay district at 357 Western Drive – Community Development Department (Lina Velasco 510-620-6706). This item
7 was continued from the December 7, 2021, January 11, 2022, and January 18, 2022 meetings. The public hearing is closed on this item; for council discussion and resolution only.
Continued to the February 15, 2022, City Council meeting.
Q. NEW BUSINESS
Q.1 Potential Formation of a Community Facilities District for Point Molate RECEIVE information and quantitative analysis regarding the potential formation of a Community Facilities District for the Point Molate development project; and after deliberation, CONSIDER providing any policy direction, as needed, regarding formation of a Community Facilities District for the Point Molate development project – Finance Department (Belinda Brown 510-620-6740). This item was continued from the January 25, 2022, meeting.
Public Works Director Joe Leach introduced the item. Public Finance Manager and Consultant Mark Northcross of NHA Advisors and Senior Managing Director Eric Segal of Integra Realty Resources presented a Powerpoint that highlighted the following: addressing policy questions; Integra Study; comparisons; potential “surplus” tax revenues; key negotiating points with SunCal and legal documents for resolving; and council actions required to form a Community Facilities District. Discussion ensued. (At 10:59 p.m. - a motion by Councilmember Claudia Jimenez, seconded by Councilmember Gayle McLaughlin, to extend the meeting to complete the discussion for Item Q.1., passed by the following vote: Ayes: Councilmembers Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, Melvin Willis, and Mayor Thomas K. Butt. Noes:
Councilmember Nathaniel Bates and Vice Mayor Demnlus Johnson III.
Abstentions: None. Absent: None). Further discussion ensued. The council recommended the following: SunCal to share the impacts for the entire build-out time; the value-to-lien ratio was four to one instead of three to one; and provide the council with a 50‑ year cashflow impact analysis and any other additional analysis necessary for the council to make policy decisions on the matter. (At 11:30 p.m. - a motion by Councilmember Gayle McLaughlin, seconded by Councilmember Eduardo Martinez, to suspend the rules and extend the meeting to complete the discussion for Item Q.1., failed by the following vote: Ayes:
Councilmembers Claudia Jimenez, Eduardo Martinez, Gayle McLaughlin, and Melvin Willis. Noes: Councilmember Nathaniel Bates, Vice Mayor Demnlus Johnson III, and Mayor Thomas K. Butt. Abstentions: None. Absent: None).
Continued to the February 24, 2022, Special City Council Meeting.
Q.2 Approval of the Juneteenth Freedom Mural Project and Resolution of Intent to Rename
APPROVE the Juneteenth Freedom Mural Project at the South 37th Street Underpass; ADOPT a Resolution of Intention to rename the South 37th Street Underpass to Juneteenth Freedom Underpass; and SCHEDULE a Public Hearing for February 15, 2022 – Library and Community Services Department (LaShonda White/Ranjana Maharaj/Stephanie Ny 510-620-6523).
Continued to the February 15, 2022, City Council meeting.
8 R. BUDGET SESSION
R.1 Final Adjustments to Fiscal Year 2020-2021 Budget
RECEIVE an update on the Fiscal Year 2020-2021 budget – City Manager’s Office/Finance Department (Shasa Curl/Anil Comelo/Belinda Brown/Antonio Banuelos 510-620-6740).
Continued to the February 15, 2022, City Council meeting.
R.2 City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2021
RECEIVE a report on the City’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2020-2021 – Finance Department (Belinda Brown/Delmy Cuellar 510-620-6740).
Continued to the February 15, 2022, City Council meeting.
R.3 Gross Receipts Business Tax Measure U Fiscal Impact Estimates RECEIVE an update on Measure U Fiscal Estimates – Finance Department (Anil Comelo 510-620-6600/Belinda Brown 510-620-6740/Antonio Banuelos 510-620- 6741).
Interim Deputy City Manager Anil Comelo introduced the item. Mr. Camelo, Director of Finance Belinda Brown, and Accounting Manager Antonio Banuelos presented a Powerpoint that highlighted the following: Business tax estimates; transition year; community outreach; revenue and rate comparisons; and administrative rulings and procedures. Discussion ensued. Staff urged the business community to provide the data requested by the City of Richmond needed to update revenue projections. The following individuals gave comments via teleconference: Mark Wassberg, Judy Barr, John Varga, Katrinka Ruk, Shiva Mishek, Don Lee, Leisa Johnson, and Randy Joseph.
S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
T. ADJOURNMENT
There being no further business, the meeting adjourned at 11:31 p.m., in memory of Eugene Clines and Linda Carr-Brown, to meet again on Tuesday, February 15, 2022, at 6:30 p.m.
Clerk of the City of Richmond Mayor
March 15, 2022
Community Development
DATE: March 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Jonelyn Whales, Senior Planner
Subject:
Contract with Action Data Systems, LLC
FINANCIAL IMPACT: The payment limit for the contract shall not exceed $15,000, and will be paid using a $25,000 Certified Local Government grant awarded to the City in 2021.
PREVIOUS COUNCIL
ACTION:
October 8, 2021
STATEMENT OF THE
ISSUE:
The City of Richmond applied for and received a Certified Local Government Grant to develop a mobile and web
application of key historic sites in Richmond. Staff issued an informal solicitation seeking qualified professionals to assist the City in this project. Staff is requesting City Council authorization to execute a standard contract with Action Data Systems, LLC to design and develop a
mobile and web application for a geolocated, historical walking tour of certain historical sites within the City of Richmond.
RECOMMENDED ACTION:
APPROVE a contract with Action Data Systems, LLC to
design and develop a mobile and web application for a
geolocated, historical walking tour of certain historical sites within the City of Richmond, for an amount not to exceed $15,000, from March 15, 2022 to December 31, 202 5 –
Community Development (Lina Velasco 510-620-6706).
AGENDA
REPORT
March 15, 2022
DISCUSSION:
On October 8, 2021, the City Council accepted and appropriated $25,000 in Certified Local Government grant funds to develop a mobile and web application of key historic sites in Richmond.
On December 3, 2021, the Community Development Department issued an informal solicitation via a Request for Proposals (RFP) seeking qualified professionals to design and develop a mobile and web application for a geolocated, historical walking tour of certain historical sites within the City of Richmond. This Request f or Proposals (RFP) was seeking to engage web app developers with experience in Android and Apple apps that feature location-based or historical themes to develop a Richmond-based geolocated walking tour. The RFP was sent to four vendors with professional experience in this type of work.
There were two responses to the RFP received; and the responding vendors were Action Data Systems, LLC and Echoes. The Historic Preservation Commission reviewed and ranked the RFP responses , and Action Data Systems, LLC was the highest ranked respondent. The Historic Preservation Commission recommend s Action Data Systems, LLC for the contract approval. The contract will be for an amount not to exceed $15,000, starting March 15, 2022 to December 31, 202 5. The scope of work includes two years of maintenance post development of the apps and web application.
DOCUMENTS ATTACHED:
Attachment 1 - Standard Contract
Attachment 2 - Informal Solicitation
Attachment 3 - Request for Proposals
Attachment 4 - Proposal from Action Data Systems, LLC
Attachment 5 - Ranking Matrix
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement
Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.
The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin .
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence)
$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$
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.
INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
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.
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Certificate Of Insurance
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
Insureon (BIN Insurance Holdings LLC.)
30 N. LaSalle, 25th Floor, Chicago, IL 60602
(800) 688-1984
877-826-9067
Action Data Systems LLC
32 Mallard Cove way, Barrington, RI, 02806
Twin City Fire Insurance Company
29459
46SBMAD1307
A
✔
Yes
✔
Yes
2,000,000
10,000
5/1/2022
1,000,000
2,000,000
5/1/2021
4,000,000
4,000,000
6/23/2021
✔
11287173 Action Data Systems LLC
6/23/2021 4:23:03 PM
City Of Richmond,
450 Civic Center Plaza, 2nd Floor,
Richmond, CA 94804
City of Richmond is named as Additional Insured as their interests may appear in regards to general liability. Waiver of subrogation in favor of City of Richmond with regard to the general liability coverage.
State of Rhode Island
Office of the Secretary of State
Fee: $50.00
Division Of Business Services
148 W. River Street
Providence RI 02904-2615
(401) 222-3040
Domestic Limited Liability Company
Fictitious Business Name Statement
(Section 7-16-9 of the General Laws of Rhode Island, 1956, as amended)
SECTION I
The legal name of the applicant limited liability company is: ACTION DATA SYSTEMS, LLC
SECTION II
The fictitious business name to be used is: Action Tour Guide
SECTION III
The state or territory under the laws of which it is organized is State: RI Country: USA
SECTION IV
The date of organization is 05/09/2013
Signed this 8 Day of February, 2022 at 2:59:23 AM. This electronic signature of the individual or individuals signing this instrument constitutes the affirmation or acknowledgement of the signatory, under penalties of perjury, that this instrument is that individual's act and deed or the act and deed of the company, and that the facts stated herein are true, as of the date of the electronic filing, in compliance with R.I. Gen. Laws § 7-16.
ACTION DATA SYSTEMS, LLC
Name of Applicant Limited Liability Company
FALGUNI SHAH
Signature of Authorized Person
Form No. 624
Revised 09/07
© 2007 - 2022 State of Rhode Island
All Rights Reserved
RI SOS Filing Number: 202209659890 Date: 2/8/2022 2:57:00 AM
State of Rhode Island
Department of State | Office of the Secretary of State Nellie M. Gorbea, Secretary of State
I, NELLIE M. GORBEA, Secretary of State of the State of Rhode Island, hereby certify that this document, duly executed in accordance with the provisions of Title 7 of the General Laws of Rhode Island, as amended, has been filed in this office on this day:
Nellie M. Gorbea
Secretary of State
February 08, 2022 02:57 AM
RI SOS Filing Number: 202209659890 Date: 2/8/2022 2:57:00 AM
From: Soco Montore
To: Lina Velasco; Jonelyn Whales
Bcc: [email protected]; [email protected]; [email protected]; [email protected] Subject: Request for Proposal (RFP) - Rooted in Richmond: Self-guided Tour & App Web Development/Design Date: Friday, December 3, 2021 11:50:00 AM
Attachments: Rooted in Richmond APP_RFP_Final 12-03-2021.pdf Importance: High
Dear Prospective Applicant,
The City of Richmond Community Development Department has received grant funding to hire a qualified professional to design and develop a mobile and web application for a geolocated, historical walking tour. This Request for Proposals (RFP) seeks to engage with web app developers with experience in Android and Apple apps that feature location-based or historical themes. There is a set contract amount of $16,000 for the completion of this project. Please see the attached RFP for all requirements.
Thank you,
S o c o M o n t o r e
C I T Y O F R I C H M O N D |Planning Division
450 Civic Center Plaza, 2nd Floor | Richmond, CA 94804
Tel: 510-620-6705 | Fax: 510-620-6858 | [email protected] | www.ci.richmond.ca.us/Planning
þ Please consider the environment before printing this message. P
450 Civic Center Plaza Telephone: (510) 620-6706 Richmond, CA 94804 Fax: (510) 620-6858
REQUEST FOR PROPOSALS
Rooted in Richmond: Self-guided Tour & App
Web Development / Design
Satellite Image Courtesy & Copyright Google, 2021
Proposals Due:
Thursday, January 13, 2022
4:00 PM PST
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
A. INTRODUCTION:
The City of Richmond Community Development Department has received grant funding to hire a qualified professional to design and develop a mobile and web application for a geolocated, historical walking tour. This Request for Proposals (RFP) seeks to engage with web app developers with experience in Android and Apple apps that feature location-based or historical themes. There is a set contract amount of $16,000 for the completion of this project.
Background:
Rooted in Richmond will be an app and web-based self-guided tour of Richmond’s historic sites, features, and important cultural districts and neighborhoods. Over a dozen of Richmond’s historic sites will be highlighted on a six-mile biking or walking route that will examine the most significant sites in the city’s history.
B. PROJECT TEAM REQUIREMENTS/QUALIFICATIONS:
The app development team must have experience in Android and Apple application development, including experience developing dual web and native app deployments. The app itself will be available for free on the Google App Store, Apple App Store, and on the web (accessible from any browser).
The team will preferably have past demonstrated experience in web and native apps using the geolocation features to enable push notifications or content display based on radii within predetermined locations.
The team w ill preferably have a demonstrated history of producing similar applications for cultural organizations or government entities ( i.e., National Park Service, municipal governments, cultural heritage nonprofits, community groups, and/or museums).
C. PROJECT SCOPE OF WORK: TASKS AND DELIVERABLES
The selected consultant will produce the framework for thematic walking / biking tour segments that display or present content to the user based on user location.
The consultant will work in collaboration with the city’s production team to integrate content into the framework of the application developed.
Note that the consultant will not be responsible for production of the multimedia collateral or content for the tour. App collateral and content (which is not part of the scope of this RFP) will be developed in collaboration with communities and led by an oral historian meeting the Secretary of Interior’s Standards for Qualification in History.
The activities of the selected consultant will include the following:
1. Application framework and development for the following platforms:
a. Android-based native app
b. Apple-based native app
c. Mobile-optimized web app that is accessible from any device, including desktop computers or laptops.
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
d. Back-end editing framework for adding new tours or updating existing tours
e. Feedback tool for app users to submit suggestions for future tours or sites that they would like to see featured on the app. f. Georeferenced alerts that activate/enable multimedia content based on radii within specified locations (stops) on tours. g. Hosting and submission of the apps on the Android and Apple stores for a minimum of two (2) years.
h. Product support and updates for a minimum of two (2) years.
Attendance at Meetings:
The scope of services requires the selected consultant to work closely with the Richmond team to integrate produced content into the application framework and review initial iterations of the application prior to product launch. The consultant will be required to attend (at minimum) the following meetings.
• 1 Historic Preservation Commission meeting
• 4 Project Advisory Committee meetings
Products:
Final product deliverables will include the application files and code, submission of the finalized app to the respective app stores, and a live version of the web app on a server hosted by the consultant for a minimum of two (2) years.
The consultant will als o need to provide the core code and application development files to the city should the city wish to self-host any portion of the application on city servers beyond the initial two (2) year period.
Deliverables and Schedule
Project deliverables required from the consultant include:
1. A complete app that is agnostic to mobile and non-mobile devices and available for free both as a web app and native app on the Apple and Android markets.
2. Integration of content submitted by the city to the consultant into the app, which may include audio, video, images, and/or text for each location featured in the app.
3. A toggle or selection ability within the app to cycle between different languages (English to Spanish).
4. A platform or content m anagement system (CMS) that will allow back -end WYSIWYG editing by staff or commissioners as the tour changes or the public provides new knowledge.
D. SCHEDULE:
RFP Dates & Milestones:
December 3, 2021 Release of RFP
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
January 13, 2022
December 13, 2021
December 15, 2021
Proposals Due by 4:00 PM
Deadline for RFP Questions
RFP Q&A Posted
Late January 2022
Consultant Selected by Commission
Late February 2022
Consultant Selection confirmed by City Council
Late March 2022
Consultant Meeting with Project Team (Mandatory)
March 2022 Execution of Contract
Full Project Timeline
MILESTONE WHEN
- City and volunteers prepare and share draft
RFP and consultant contracts for review by
OHP staff prior to execution and distribution to
consultants.
- Release RFP once OHP input is received.
December, 2021
- Commissioner Haeber to hold scoping and
kickoff meeting for all volunteers and
contractors involved in the project.
February 2022
- Project team selects the sites/themes to
highlight in the tour and finalizes the tour route,
stops, and thematic details.
- Volunteers do a dry run of tour route and make
note of any amendments or additions to
planned route and waypoints.
- Project announced during Historic Preservation
Commission meeting and public input collected.
- Richmond Museum, City, and NPS conduct
social media outreach and other outreach
efforts to collect stories, archival materials, or
other collateral for use in the tour.
Feb. – Mar. 2022
- Museum and volunteers begin digitizing
collateral from museum collection and any
materials collected from the public.
- Oral historian begins interviews with identified
participants.
- Historic Preservation Commission reviews &
selects proposals.
- Execute agreements with contractors and
consultants.
Apr. - May 2022
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
- Volunteers complete written text for tour stops
and Richmond commissioners review and
provide feedback.
- City translates tour text into Spanish.
- App Consultant begins work on the framework
and database of the web app.
April 2022
- Text & other media sent to App Consultant for
inclusion in app.
- Twice monthly check-in meetings with App
developer
May to Jun. 2022
- Final, edited oral histories/vignettes provided to
app consultant for inclusion on at least eight (8)
of the total tour stops.
- App developer provides sandbox version of app
for review by commissioners, city, and
volunteers.
- Final edits or revisions to app sent to developer
for inclusion.
Jul. to Aug. 2022
- Finalize project.
- Provide final report for OHP as confirmation of
the fulfillment of grant.
Sept. 2022
E. SUBMITTAL REQUIREMENTS
A. Consultant will need to include the following information in their submission:
1. Identify the primary contact for this contract and list key personnel, roles, and responsibilities of those who would be working on this project. Please include biographies or background experience for key personnel.
2. Provide the educational background and work history of these key personnel, including descriptions of their projects and their responsibilities.
3. Explain the responsibility of each subconsultant firm, if applicable, and their respective experience.
4. Briefly describe related projects for which the team has provided similar services.
5. Provide a billing rate sheet covering all personnel who will charge to the project and any relevant billing policies. Unless specified in the submittals, the City will assume that the professional fee schedule will include any costs associated with complyi ng with the City’s insurance and business license requirements as specified in this RFP . The
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
contracted rate of $16,000 will include all reimbursable costs (long- distance calls, travel, printing, etc.)
6. If applicable, disclose any real or perceived conflict due to interest in real property development within the City of Richmond. These interests may include property ownership or current consultant contracts with private entities.
7. Describe previous experience working with nonprofit, governm ent, and/or or community-based organizations and associations.
B. Demonstrated ability to obtain the required insurance coverage (see Contractor’s Insurance Requirement for contracts up to $50,000). The selected consultant shall furnish the City of Richmond with certificates of insurance and with original endorsements affecting required coverage, which shall be provided by the consultant’s insurance company as evidence of stipulated coverage. The consultant shall include all sub-consultants as insured under its policies or shall obtain separate certificates and endorsements for each sub- consultant demonstrating evidence of stipulated coverage. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days prior written notice has been given to the City.
C. The Community Development Department will not accept the proposal:
• Any document or item necessary to the proposal is incomplete, improperly executed, indefinite, ambiguous, or is missing.
Additionally, factors such as, but not limited to, the following may also disqualify a proposer without further consideration:
• Evidence of collusion among proposers;
• Any attempt to improperly influence any member of the Consultant Selection Committee;
• A proposer’s default under any type of agreement which resulted in the termination of that agreement; and
• Evidence of any unresolved litigation between the proposer and the City of Richmond.
F. SELECTION CRITERIA
The Consultant Selection Committee will evaluate the proposals based on the criteria listed below:
a. Quality of the proposal;
b. Demonstrated experience and completion of similar projects; and c. Ability and willingness to complete the project within the established timeline.
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
Specifically:
1. Demonstrated ability to provide multi-platform application development.
2. Willingness and ability of selected proposer to regularly meet with the Richmond team by phone or teleconference.
3. Demonstrated experience working with nonprofit, government, and community-based organizations and associations.
4. Cost Proposals. Proposals will be selected dependent on the level of comprehensive services to be provided within the allocated budget of $16,000.
5. Timeliness. The Activity which is subject of this RFP has been financed in part with Federal funds from the National P ark Service, Department of the Interior, through the California O ffice of Historic Preservation.
The City, per the executed grant agreement, is obligated to meet certain requirements and deadlines. The selected c onsultant will be responsible for complying with those deadlines and requirements on behalf of the City. Project must be entirely complete by September 30th, 2022.
G. PROJECT COST PROPOSAL
As part of your proposal, describe your ability to complete each identified item in the scope of work within the specified budget of $16,000 with a breakdown of the cost for each task identified in the scope of work. The spreadsheet should be in a format that will permit the Consul tant Selection Committee to determine the key project team member(s) proposed for each task and the number of management, technical, drafting and support personnel hour s committed to completion of each item in the scope of work. Please also include your estimated cost for web hosting, app store submission, and other non-personnel costs associated with your role in the project.
H. SELECTION PROCESS
The Consultant Selection Committee will use the selection criteria and submittal requirements above to evaluate all responses to the RFP that meet submittal requirements and the submittal deadline based on:
Experience and qualifications of staff assigned to the project (40 points) References, particularly municipal agencies (10 points) Firm/entity key personnel accessibility to Community Development Staff (20 points)
Willingness and demonstrated ability to meet deadlines (10 points) Demonstrated understanding of the overall project and relevant issues (20 points)
The Consultant Selection Committee will rank the proposals. All other consultants will be notified of their status according to the contract execution schedule in
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
Section D above. Final ranking of consultants will be based on the submittal proposals and the quality and background of consultant’s past work.
The Consultant Selection Committee will recommend the highest-ranked consultant to the City Council for approval. Upon confirmation by the City Council, the Director of Community Development will proceed with development of a contract with the selected consultant. Submitted proposals, including cost information will form the basis for the scope of work for the agreement between the City and the selected consultant. If the City and the selected consultant cannot reach agreement on the contract agreement, the Department will terminate contract development and, at its option, contact the next -ranked consultant for contract development.
The Community Development Department and the selected consultant will negotiate a professional services contract for the time period February 2022 to October 2022. The City reserves the right to extend the term of the contract and augment the amount of the contract with the agreement of the selected consultant.
I. PROPOSAL SUBMITTAL
RFP response must be received no later than 4:00 PM PST, Thursday, January 13, 202 2, by email to [email protected] and cc:
[email protected] and [email protected] Subject Line: “ROOTED IN RICHMOND” WEB AND MOBILE APP
DEVELOPMENT RFP.
Late responses will not be accepted.
J. QUESTIONS AND COMMUNICATIONS
Consultants are encouraged to promptly notify the City of any apparent major inconsistencies, problems, or ambiguities in this RFP. Any requests for clarification or other questions concerning this RFP must be submitted in writing via email to Jonelyn Whal es at [email protected] and Soco Montore at [email protected] by 5:00 PM on December 13, 2021, Subject Line: Questions to the ROOTED IN RICHMOND WEB AND MOBILE APP DEVELOPMENT RFP. Answers to questions received will be sent directly to the Consultant by December 15, 2021.
K. GENERAL GUIDELINES
1. City Disclaimer: The City reserves the right to reject any or all the Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City needs. The City also reserves the right to reduce or revise elements of the scope of services, or to amend or modify the contractual requirements, or to negotiate with any qualified consultant.
No representation is made that any contract will be awarded pursuant to this RFP. In no way shall a contract be viewed as exclusive. The City reserves the right to retain additional consultants as neces sary. All costs incurred in the preparation of the qualification, in the submissions of
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
additional information and/or in any other aspect of qualification prior to the award of a written contract will be borne by the proposed firm. All qualifications submitted to the City in response to this RFP will become the property of the City of Richmond and will not be returned. The “technical” portion of the Proposal will be considered public information.
2. Comments/Questions on the City Standard Service Provider Agreement: The City’s standard service provider agreement, which the Consultant Team will be required to sign, is attached for your consideration (see Exhibit A).
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement (Exhibit A). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes, additions or requesting deletion of specific words and/or by providing new requested contract language shall be provided. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be considered. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process and are not guaranteed to be approved.
3. Insurance Requirements: The City requires consultants doing business with it to obtain insurance, as shown in RFP (see Exhibit B). The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the project.
4. Business Licenses: The successful Contractor and all subcontractors used in the work will be required to hold or obtain a City of Richmond business license for which the fee will not be waived.
5. Sanctuary City Contracting Ordinance (SCCO): The Richmond Sanctuary City Contracting Ordinance No. 12-18 N.S. (Exhibit C) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S.
Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Bidders/Proposers must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal/Qualifications (Exhibit D).
6. Limited Liability Companies Disclosure Statement (LLCS): Resolution No. 86-21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC) ( Exhibit E). Bidders/Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Bid or Proposal (Exhibit F).
“ROOTED IN RICHMOND” WEB AND MOBILE APP DEVELOPMENT RFP
Exhibits
Exhibit A: City’s Standard Service Provider Agreement
Exhibit B: Insurance Requirements
Exhibit C: Richmond Sanctuary City Contracting Ordinance No. 12-18 N.S.
Exhibit D: Sanctuary City Compliance Statement
Exhibit E: Limited Liability Corporations (LLC), Resolution No. 86-21 Exhibit F: Disclosure Statement of Limited Liability Companies Form
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term.
The effective date of this Contract is and it
terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
EXHIBIT A