Richmond City Council
April 19, 2022

7 OAK #4812-6056-6003 v3

4. Actions Requiring the Prior Written Approval of HUD and PHA. Owner shall not convey, assign, transfer, sublease, pledge, hypothecate, encumber or otherwise dispose of the Disposition Property or any interest therein or pe rmit the conveyance, assignment, transfer, sublease, pledge or encumbrance of the Disposition Property during the Restricted Period without the prior, jointly -executed, written approval of HUD and PHA. Notwithstanding the foregoing, Owner need not obtain t he prior written approval of HUD and PHA for (i) the conveyance or dedication of land for use as streets, alleys or other public rights -of-way, (ii) the granting of easements for the establishment, operation and maintenance of public utilities, and/or (iii) entering into residential agreements with tenant families.

5. Third Party Beneficiaries . HUD shall have the same enforcement remedies available to PHA under Section 3 of this Agreement, in addition to all other remedies available to HUD under statute, at l aw or in equity. No person or entity, other than the parties to this Agreement, has any rights or remedies under this Agreement.

6. Termination of Use Requirement. Upon the expiration of the Restricted Period, the Use Requirement shall cease and terminate, a nd the Disposition Property shall be deemed released of the Use Requirement and this Agreement without the requirement of any further writing between the parties herein. Notwithstanding the foregoing, upon expiration of the Restricted Period, PHA and HUD agree to execute and deliver to Owner such documents as Owner shall reasonably request releasing and confirming the release of the Use Requirement and this Agreement from title to the Disposition Property and clearing title to the Disposition Property from any cloud created by the Use Requirement or this Agreement.

7. Successors and Assigns . Recordation of this Agreement shall constitute the agreement by PHA and Owner to be bound by and to comply with the restrictions set forth in this Agreement. The benefits and burdens of this Agreement touch and concern and run with the land and are binding upon and shall inure to the benefit of the respective successors and assigns of the parties to this Agreement. Wherever the term “Owner” is used herein such term shall be construed to include any successor owner to title to the Disposition Property (each, a “ Successor Owner”).

Notwithstanding the foregoing, no party other than PHA shall exercise the rights and privileges reserved herein to PHA, or bear the obligations impo sed herein on PHA, unless such party shall receive and record in the official records of the county where the Disposition Property is located a written assignment of all or a portion of such rights, privileges and obligations. Notwithstanding the foregoing, in no event shall the beneficiary of any deed of trust encumbering the Disposition Property or any other purchaser at foreclosure (the “ Holder”) have any liability for sums which are due and payable under this Agreement prior to such Holder’s acquisition of title to the Disposition Property. This Agreement shall extend to and be binding upon the Holder only in the event that the Holder acquires ownership of the Disposition Property.

8. Notices. All notices under this Agreement shall be in writing and shall be served by (a) personal service or receipted courier service, (b) by registered or certified first class mail, return receipt requested, or (c ) nationally -recognized overnight delivery service, addressed to HUD, PHA or Owner, as appropriate, at the addresses for such parties set forth in the initial paragraph or third recital of this Agreement. Any notice or other communication sent pursuant to clause (a) hereof shall be deemed received upon such personal service, if sent pursuant to clause

8 OAK #4812-6056-6003 v3
(b) shall be deemed received five (5) business days following deposit in the mail, and/or if sent pursuant to clause (c) shall be deemed received the next succeeding business day following deposit with such nationally recognized overnight delivery service. Any party may change its address by notice given in accordance with this Section 8.

9. Business Day. A business day is any calendar day other than a Saturday, Sunday or a holiday generally observed by banking institutions in the State of California. In the event the last day permitted for the performance of any act required or permitted under this Agreement falls on a day other than a business day, the time for such performance will be extended to the next succeeding business day. Each time period under this Agreement shall exclude the first day and include the last day of such time period.

10. Amendments. T his Agreement may be amended only by a written instrument signed by the parties to this Agreement. Notwithstanding the foregoing, the parties may not amend, modify, rescind, revoke and/or terminate this Agreement without the prior written approval of HUD.

11. Subordination. Any mortgage liens shall be subject and subordinate to this Agreement. This Agreement shall survive foreclosure and bankruptcy.

12. Fair Housing and Civil Rights Requirements . With regard to the Disposition Property, Owner shall comply with all applicable fair housing and civil rights requirements including the obligations to affirmatively further fair housing and adhere to the site selection and neighborhood standards set forth in 24 CFR §§ 1.4(b)(3) and 941.202, as applicable.

13. Federal Access ibility Requirements . With regard to the Disposition Property, Owner shall comply with all applicable federal accessibility requirements under the Fair Housing Act and the implementing regulations at 24 CFR Part 100, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 8, and Titles II and III of the Americans with Disabilities Act and the implementing regulations at 28 CFR Parts 35 and 36, respectively.

14. Impairment of HAP Contract. The terms and provisions of this Agreement shall continue in full force and effect excep t as expressly stated herein. A ny conflicts between this Agreement and any HAP Contract shall be resolved by HUD, at its sole and absolute discretion.

15. Execution of Other Agreements . PHA and Owner each covenant and agree that it has not and shall not execute any other agreement with provisions contradictory of, or in opposition to, the provisions of this Agreement, and that in any event, the provisions of this Agreement are paramount and controlling as to the rights and obligations set forth herein and supersede any conflicting requirements.

16. Subsequent Statutory Amendments. If revisions to the provisions of this Agreement are necessitated by subsequent statutory amendments, PHA and Owner each agree to execute modifications to this Agreement as necessary to conform to the statutory amendments. In the alternative, at HUD’ s sole and absolute discretion , HUD may implement any such statutory amendment through rulemaking.

9 OAK #4812-6056-6003 v3

17. Reimbursement of Attorney Fees. Owner shall reimburse PHA for all attorneys’ fees and expenses reasonably incurred by PHA in connection with the enforcement of PHA’s rights under this Agreement, including, but not limited to, all such fees and expenses for trial, appellate proceedings, out -of-court workouts, mediation and settlements, and for enforcement of rights under any state or federal statute, including, but not limited to, all such fees and costs relating to any bankruptcy and/or insolvency proceedings of any Successor Owner, such as in connection with seeking relief from stay in a bankruptcy proceeding or negotiating and documenting any amendment or modification of this Agreement.

18. Incorporation of Recitals. The above recitals are incorporated herein by reference.

19. Governing Law. This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of California, and the laws of the United States of America.

20. No Negotiation. This Agreement is not subject to negotiation by PHA, Owner or any lender with a secured interest in the Disposition Property.

21. Severability. The invalidity or unenforceability of any clause, part or provision of this Agreement shall not affect the validity or enforceability of the remaining portions thereof.

22. Counterpart Signatures. This Agreement may be executed in any number of original counterparts, all of which evidence only one agreement, and only one of which need be produced for any purpose.

23. Attached Exhibits. The following Exhibits are attached to this Agreement and incorporated herein:

Exhibit A – Legal Description of the Disposition Property Exhibit B – Approval Letter

[This space intentionally left blank.]

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IN WITNESS WHEREOF, the parties hereto, by their respective duly authorized representatives, have caused their names to be subscribed hereto, on the first date herein above written.

PHA and Owner each hereby certify that the statements and representations contained in this instrument and all supporting documentation are true, accurate, and complete and that each signatory has read and understands the term s of this Agreement. This instrument has been made, presented, and delivered for the purpose of influencing an official action of HUD, and may be relied upon by HUD as a true statement of facts contained therein.

PHA:

Richmond Housing Authority,
a public body corporate and politic

By: ______________________________
Nannette J. Beacham,
Executive Director

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF ________________________)

On _______________, 20__, before me, ________________________________, Notary Public, personally appeared _____________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

______________________________________

Notary Public

Print Name: ____________________________

My commission expires:

______________________________________

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OWNER:

City of Richmond, a municipal corporation
and charter city

By: ______________________________
Print Name:__________________________
Its: ______________________________

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF ________________________)

On _______________, 20__, before me, ________________________________, Notary Public, personally appeared _____________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

______________________________________

Notary Public

Print Name: ____________________________

My commission expires:

______________________________________

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HUD:

U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

By: ______________________________
Gerard Windt
Its: Director and Authorized Agent
San Francisco Office of Public
Housing

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO )

On ____________________, 20__, before me, ______________, Notary Public, personally appeared Gerard Windt, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

______________________________________

Notary Public

Print Name: ____________________________

My commission expires:

______________________________________

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SIGNATURES MUST BE NOTARIZED

Warning:

Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in any matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions.

Reso No.

EXHIBIT A

DISPOSITION PROPERTY

Address: 360 South 27th Street, Richmond, California

HUD Project No.: CA010999999

HUD AMP No.: CA010999999

Real property in the City of Richmond, County of Contra Costa, State of California, described as follows:

Lots 16, 17, 18, 19, 20, 21, 22, 28 and 29 in Block No. 1 as shown on that certain map entitled “Boorman’s B Addition to Pullman”, filed December 9, 1910, in Book 3 of Maps at Page 71 thereof, records of said Contra Costa County, California.

APN: 549-051-002-10

Reso No.

EXHIBIT B

APPROVAL LETTER

[See Attached]

Reso No.

Reso No.

Reso No.

Reso No.

Reso No.

Reso No.

Reso No.

April 19, 2022

Community Development

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Andrea Villarroel, Planner

Subject: Regional Early Action Planning (REAP) Grant Acceptance and Appropriation
FINANCIAL IMPACT: There is no adverse impact to the General Fund, rather, this grant would help offset potential expenditures of the comprehensive planning fee.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City is eligible to receive a Regional Early Action Planning (REAP) grant suballocation to complete its
required 6th Cycle Housing Element. Community
Development staff is seeking City Council authorization to accept the REAP suballocation of $45,690 and
appropriate the grant funds for FY2021-2022.

RECOMMENDED ACTION: ADOPT a resolution accepting and appropriating the City’s Regional Early Impact Planning (REAP) grant
suballocation funds to be used for preparation of the 6th Cycle Housing Element Update for Fiscal Year 2021-
2022 – Community Development Department (Lina
Velasco/Andrea Villarroel 510-620-6620/Chris
Castanchoa 510-620-6764).

DISCUSSION:

Community Development staff submitted a proposal for suballocation of Association of Bay Area Governments’ (ABAG) Regional Early Impact Planning (“REAP”) grant AGENDA
REPORT

April 19, 2022
funding to aid in the completion of the City’s required 6th Cycle Housing Element Update. ABAG is suballocating grant funds received from the State of California Department of Housing and Community Development (HCD) to support the jurisdictions in the Bay Area to complete Housing Elements. In February 2021, the City submitted a request for a REAP suballocation, and on June 27, 2021, the City was awarded $45,690 in suballocation. City staff is requesting that the City Council adopt a Resolution accepting and appropriating the $45,690 in funds provided by ABAG into Community Development’s FY2021-2022 budget. In addition, as part of the City’s acceptance of these funds, the City will be required to execute a Suballocation Agreement with ABAG.

The funds provided by ABAG will support the community engagement portion of the 6th Cycle Housing Element update. Work has begun on the Housing Element, and community engagement activities are planned for the upcoming months. ABAG’s suballocation funding will allow the City to fulfill the community engagement portion of the work as required by Government Code 65583c(9): “to achieve public participation of all economic segments of the community in the development of the housing element.”

The 6th Cycle Housing Element update is a required element of a General Plan that will strategically plan to meet the housing needs of all members of the community. A key component of this work is community engagement, as the voice and leadership of the City’s residents will be essential to the development of a comprehensive Housing Element for the City.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

Reso. No. ___

RESOLUTION NO. _ _ _ _ _ _ _ _ _

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

ACCEPTING AND APPROPRIATING REGIONAL EARLY IMPACT PLANNING FUNDS RECEIVED TO SUPPORT DEVELOPMENT OF CITY’S 6th CYCLE HOUSING

ELEMENT UPDATE

WHEREAS, a Housing Element is a required element of a General Plan that is required to be updated every eight years to align with the Regional Housing Need Allocation; and

WHEREAS, City of Richmond (City) is in the process of updating its Housing Element for the 6th Cycle (2023-2031); and

WHEREAS, in 2019, the Association of Bay Area Governments (ABAG) received Regional Early Impact Planning (REAP) grant funds awarded by the State of California Department of Housing and Community Development (HCD); and

WHEREAS, in 2021, the City submitted a proposal to ABAG for a REAP suballocation request to support the community engagement portion of the 6th Cycle Housing Element update; and

WHEREAS, ABAG is awarding the City $45,690 in REAP suballocation funds that now needs to be accepted and appropriated into the FY21/22 budget.

NOW, THEREFORE, BE IT RESOLVED THAT, the City Council finds the above recitals accurate and, coupled with the Agenda Report, these documents serve as the basis for the findings and approvals set forth in this Resolution.

BE IT FURTHER RESOLVED THAT, the City Council hereby accepts and authorizes the City Manager or designee to execute a Suballocation Agreement with ABAG, and appropriates the $45,690 in REAP funds received and expenditures related to development of the City’s 6th Cycle Housing Element Update into the Community Development fiscal year 2021/22 budget.

*********************
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 _______________, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

Mayor

Approved as to form:

Interim City Attorney

April 19, 2022

Community Development

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Lina Velasco, Director of Community Development

Subject: Accept and Appropriate funds for Homelessness
Strategic Plan
FINANCIAL IMPACT: All Home, via the Tides Center, is contributing $50,000 towards the development of the City’s Homelessness
Strategic Plan. This funding will assist in offsetting these costs that would otherwise be covered by the City.

PREVIOUS COUNCIL
ACTION:

November 2, 2021

STATEMENT OF THE
ISSUE:

On November 2, 2021, the City Council authorized the
execution of a Collaboration Agreement with All Home
and approved a contract with Homebase to develop the
City’s Homelessness Strategic Plan. The Collaboration
Agreement anticipated All Home providing co-funding in
the amount of $50,000 towards the Homelessness Plan.

City staff is requesting that the City Council accept and appropriate the funds in FY2021-2022 budget.

RECOMMENDED ACTION:

ADOPT a Resolution Accepting and Appropriating the
$50,000 in funds received from All Home, via the Tides
Center, to support development of the City’s
Homelessness Strategic Plan – Community Development
(Lina Velasco/Chris Castanchoa 620-6764).

AGENDA
REPORT

April 19, 2022
DISCUSSION:

On November 2, 2021, the City Council authorized the execution of a Collaboration Agreement with All Home and approved a contract with Homebase to develop the City’s Homelessness Strategic Plan (Plan). The Collaboration Agreement anticipated All Home providing co-funding towards development of the Plan. City staff is requesting that the City Council accept and appropriate the $50,000 in funds provided by All Home, via the Tides Center, into Community Development’s FY2021-2022 budget.

The funds provided by All Home will supplement the American Rescue Plan Act funds allocated by the City Council for development of the Plan. Work on the Strategic Plan has begun, and a steering committee is being formed to help guide development of the Plan.

The City of Richmond, with support by Homebase, is embarking on a strategic planning process to prevent and reduce homelessness in our city. The goal of the plan is to create a roadmap for immediate next steps to meet the urgent need in our community and among our unhoused neighbors, as well as longer term strategies to guide and coordinate the City’s work going forward.

The plan development process includes a two-phase approach centered in community and stakeholder engagement. The voice and leadership of people with lived experiences of homelessness will be essential for all phases of plan development and implementation. Phase One will include an assessment of existing systems and services, and Phase two will include the development of a framework and initial strategies for feedback.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

Reso. No. ___

RESOLUTION NO. _ _ _ _ _ _ _ _ _

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA ACCEPTING AND APPROPRIATING FUNDS RECEIVED TO

SUPPORT DEVELOPMENT OF HOMELESSNESS STRATEGIC PLAN

WHEREAS, on November 2, 2022, the City Council authorized entering into a collaboration agreement with All Home to partner on development of a Homelessness Strategic plan to prevent and reduce homelessness in Richmond; and

WHEREAS, the signed Collaboration Agreement anticipated All Home providing co- funding in the amount of $50,000 towards the Homelessness Plan; and

WHEREAS, All Home, via the Tides Center, has provided the City the $50,000 that now needs to be accepted and appropriated into the FY21/22 budget.

NOW, THEREFORE, BE IT RESOLVED THAT, the City Council finds the above recitals accurate and, coupled with the Agenda Report, these documents serve as the basis for the findings and approvals set forth in this Resolution.

BE IT FURTHER RESOLVED THAT, the City Council hereby accepts and appropriates the $50,000 in funds received and expenditures related to development of the City’s Homelessness Strategic Plan into the Community Development fiscal year 2021/22 budget.

*********************
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 _______________ , 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

Mayor

Approved as to form:

Interim City Attorney

April 19, 2022

Economic Development

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Shasa Curl, City Manager
Winifred Day, Arts and Culture Manager

Subject:

Amendment to Increase Size and Budget for Osprey Bird
Sculpture
FINANCIAL IMPACT: The funds are available from the Developer In-Lieu of Contribution to the Public Art Percent for Art Fund
account (13564165-400201-36002). There is no financial
impact to the General Fund.

PREVIOUS COUNCIL
ACTION:

November 2, 2021

STATEMENT OF THE
ISSUE:

After completing the Concept Design phase of the
contract, it has been determined that the sculpture needs to be double the size amending the contract from
$65,000 to $85,000.

RECOMMENDED ACTION:

ACCEPT and APPROPRIATE into the Fiscal Year 2021-
2022 Public Art Percent for Art Fund budget $20,000
received from Ridgeline Property Group; and APPROVE
a $20,000 amendment to the contract with Scientific Art Studio, for a total amount not to exceed $85,000, for the design, fabrication, and installation of the Osprey Bird sculpture – Economic Development (Winifred Day 510-
620-6952).

AGENDA
REPORT

April 19, 2022

DISCUSSION:

The Ridgeline Property Group Developers worked with the Public Art Advisory Committee (PAAC) in 2021 to solicit and select a local artist to commission an Osprey Bird sculpture. After using a Request for Qualifications (RFQ) and a Request for Proposals (RFP), the Developer and PAAC selected Scientific Art Studio for the contract award of $65,000. After completing the Concept Design phase of the contract, it was determined that the scale needed to be double the size, and the budget needed to be increased to $85,000. The Developer increased the In-Lieu of Contribution by adding $20,000 to the Public Art Percent for Art Fund to complete the project.

City staff is requesting to increase the contract by $20,000 while maintaining the original term expiration of December 2022.

DOCUMENTS ATTACHED:

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

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.

CMO, ED, Arts and Culture Winifred Day, Arts & Culture Manag [email protected] 620-9652
6572
Sculpt and install a full-size Osprey Bird cast in Bronze for the Ridgeline Property Group.

Scientific Art Studio
500 B Street
Richmond, CA 94801
Ron Holthuysen
232-9629 [email protected]
40009310 December 31, 2021
S Corp
November 3, 2021
December 31, 2022
65,000.00
✔
5826
DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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:

By:

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

By:

By: Title:

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
Scientific Art Studio
DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C 12/6/2021
CEO/Creative Director
Mayor

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:

Project Manager
Artist Ron Holthuysen will provide professional art services by sculpting a full scale bronze, Osprey perched on a branch, per specifications outlined in the Request for Proposals (RFP) as attached hereto and incorporated herein by this reference.

Payment Schedule for Full size (5-foot wing span) Osprey Bird sculpture

$65,000 Approval Milestones:

1. Concept Design 10% $6,500

2. Design Development 10% $6,500

3. Start Fabrication 20% $13,000

4. 50% Complete Fabrication 30% $19,500

5. 100% Complete 15% $9,750

6. Installation Complete 10% $6,500

7. Final acceptance/signage 5% $3,250
Total $65,000

Scientific Art Studio
DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

1 City of Richmond Request for Proposals
Pre-Qualified Osprey Bird Sculpture
Post Opens: May 15, 2021 Post Closes: June 30, 2021
BACKGROUND:

The City of Richmond adopted a one percent for art ordinance (RMC No. 14.17 N.S.) in 1997, followed by a Percent for Art for Private Developers policy in 2017 (RMC 12.62). Through this Request for Qualifications (RFQ), the City of Richmond's Arts and Culture Division, in partnership with the Public Art Advisory Committee (PAAC), and the Ridgeline Property Group is seeking a sculptor to create a full scale osprey bird (s). The goal is to select one of three pre- qualified bird sculptor candidates to create a cast osprey bird on a branch, to be installed within 12 months of the initial contract. This is a 12 month, lump sum project, including installation.

SCOPE of SERVICES:

The official bird for the City of Richmond is the osprey. This request for proposals is for a sculptor with examples of bird and or wildlife completed work samples. The scope is for a minimum of one full scale full 5 foot wing span osprey in cast metal. The artist selected for this project will interface with the City of Richmond PAAC, RACC and the Ridgeline Property Group developers on approvals including concept design, fabrication, installation, maintenance schedules, manage the $60,000 art budget, and camera ready signage documents as needed.

DELIVERABLES:

The best candidates for this opportunity are sculptors with completed full scale realistic, life like cast metal birds and are familiar with all aspects of municipal public art project protocols, and ethnically diverse artists from the Nine Bay Area counties. A Richmond based artist is desired.

The RFP deliverable will be a quarter scale wax sculpture to verify experience match and a sketch of the proposed concept design.

If selected for this sculpture commission, you must be able to show proof of issuance: $1mm commercial liability and $1mm commercial auto insurance and proof of a City of Richmond business license. The pedestal is not part of the art budget.

SELECTION PROCESS:

RFQ: A panel of Public Art Advisory Committee members, along with a Ridgeline Property Group representative, will review top applications and prepare a short list of artists.

RFP: Semi-finalists will be paid a $1,500 fee to further develop the cast metal osprey bird sculpture, which will include a ¼ scale wax model. PAAC, RACC and the Developer will select a finalist to execute a sculpture commission contract, which may require City Council approval.

DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

2 SUBMITTAL PROCEDURE:

Deadline: June 30, 2021
What to Submit:

RFP: Thee semi-finalists will be paid a $1,500 fee to further develop the cast metal osprey bird sculpture, which will include a ¼ scale wax or clay table top model/maquette. PAAC, RACC and the Developer will select a finalist to execute a sculpture commission contract, which may require City Council approval.

Please note that due to COVID 19, we are working out details of a possible studio visit prior to June 30 and or possible delivery of actual model/maquette for limited public viewing.

CONTACT INFORMATION:

Submit applications to:

Winifred Day, Arts and Culture Manager, 450 Civic Center Plaza, # 300, Richmond, CA 94804 Questions may be directed to: [email protected] 510-620-6952 For more information on the history of the Richmond Arts and Culture Commission and the Public Art program, please go to: www.ci.richmond.ca.us/2064/Arts-Culture

ZOOM interviews will take place by the City of Richmond to be placed on the shortlist.

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3 Photo Credit: Golden Gate Audubon Society
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4 This site is not available for site visits as the construction has not begun.

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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 PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Winifred Day, Arts & Culture
Scientific Art Studio
CMO, ED, Arts and Culture
Winifred Day, Arts & Culture
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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:

Scientific Art Studio
Scientific Art Studio
Winifred Day, Arts & Culture Manager
450 Civic Center Plaza, #300
Ron Holthuysen
500 B Street
Richmond, CA 94801
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EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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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.

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

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

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

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

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

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

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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 DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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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.

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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 DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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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 DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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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 DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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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 DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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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.

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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 DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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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.

DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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.

DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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):

NONE
Scientific Art Studio
DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

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.

Scientific Art Studio
DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

___ 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.

DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

___ 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.

DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

___ 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.

DocuSign Envelope ID: EEAE11D4-5323-41C3-B68D-27A7A7F4F74C

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

CMO, ED, Arts and Culture
Winifred Day
[email protected]
(510) 620-6952
6572
5826
Sculpt and install a stainless steel Osprey Bird, double life size, for the Ridgeline Property Group Pinole Giant Road site. ✔
1 Scientific Arts Studio
500 B Street
Richmond, CA 94801
Ron Holthuysen
(510) 232-9629
[email protected]
40009310
December 31, 2022
✔
S Corp
November 3, 2021
November 3, 2021
December 31, 2022
65,000.00

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

Scientific Arts Studio

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

5826
1 Scientific Arts Studio
20,000.00
85,000.00
The amended Osprey Bird Design will be twice the original size or at least 10', using 316 marine grade stainless steel.

$85,000 Approved Payment Milestones (Amended Payment Schedule)

1. Concept Design 7.6% $ 6,500

2. Design Development - Includes
Stamped Certified Engineer Drawings 12.4% $10,500

3. Start Sculpture Fabrication 20% $17,000

4. 50% Sculpture Fabrication 30% $25,500

5. 100 % Sculpture Complete 20% $17,000

6. Installation Complete 5% $ 4,250

7. Final acceptance, Signage installed 5% $ 4,250 $85,000

April 19, 2022

Human Resources

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Laura Marquez, Human Resources Manager – Risk
Management

Subject:

Amend Resolution for CalPERS Industrial Liability
Retirement
FINANCIAL IMPACT: The resolution will have no immediate financial impact on the General Fund.

PREVIOUS COUNCIL
ACTION:

December 4, 1995

STATEMENT OF THE
ISSUE:

CalPERS found that the City’s current resolution
(Resolution No. 241-95), dated December 4,1995, is
outdated and does not delegate authority to anyone in
the City of Richmond to file Employer Originated
Disability Applications when needed. In addition, the
current resolution only allows the Risk Manager to make determinations of industrial disability on behalf of the City. We are requesting to amend the current resolution by expanding the delegated authority to include the
Human Resources Manager(s) and the Director of
Human Resources/Personnel Director (in addition to, not in place of the Risk Manager). This will provide additional staff to serve as a back up, if needed.

AGENDA
REPORT

April 19, 2022
RECOMMENDED ACTION:

AMEND Resolution No. 241-95 to delegate authority to
the Human Resources Manager(s) and the Director of
Human Resources/Personnel Director to (1) file
Employer Originated Applications on behalf of the City for disability retirement of all employees and (2) approve or deny industrial disability retirement based on credible medical documentation. Such approval will not rescind
the Risk Manager’s existing authority by taking either of the aforementioned actions – Human Resources (Laura
Marquez/Erika Carty 510-620-6974).

DISCUSSION:

CalPERS (PERS) determined that our current resolution (Resolution No. 241-95), dated December 4,1995 is outdated as it does not delegate authority to anyone in the City to file Employer Originated Disability Applications when needed. In the past, the Risk Manager would sign Employer Originated Applications for individuals that are unable to return to work in any capacity. The employee still has to complete their portion of the disability application, but the City is permitted to start the process. It wasn’t until December 2021, when an application was submitted and PERS indicated that the City had not designated signing authority for the application, that the City became aware the existing resolution is inadequate. We currently have four (4) employees that have been off work over a year and have not yet filed for retirement.

Additionally, the current resolution only allows the Risk Manager (currently the Human Resources Manager – Risk Manager) to make determinations of industrial disability on behalf of the City. In mid-2020, this became an issue when the Risk Manager was out on leave and a disability application was ready to be approved. The Assistant Risk Manager signed the application and PERS returned it saying only the Risk Manager could sign. The City asked PERS if the Human Resources Director or City Manager could sign the application and again PERS said no; that the only person with authority is the Risk Manager.

To avoid any similar issues in the future, we are requesting that City Council expand the delegated authority to include both the Human Resources Managers and the Director of Human Resources/Personnel Director. This expanded delegation will not serve to rescind the Risk Manager’s existing authority, but rather will provide two high level managers in addition to the Risk Manager who can approve determinations. This will provide a back-up option should the Risk Manager be unavailable to file applications or make industrial disability determinations.

DOCUMENT ATTACHED:

Attachment 1 – Resolution

RESOLUTION NO. XX-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING RESOLUTION NO. 241-95 AND DELEGATING TO ADDITIONAL EMPLOYEES THE

AUTHORITY TO MAKE EMPLOYEE DISABILITY DETERMINATIONS

WHEREAS, the City of Richmond previously passed Resolution No. 241-95 (“Establishing a Procedure for Industrial Disability Retirement Determinations of Local Safety Employees of the Public Employees Retirement System”) on December 4, 1995.

WHEREAS, the City of Richmond (herein referred to as “the City”) is a contracting agency of the California Public Employees’ Retirement System.

WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and such disability is “industrial” within the meaning of such Law.

WHEREAS, pursuant to Resolution No. 241-95, the City’s Risk Manager (currently the Human Resources Manager – Risk Management) currently has the sole authority to make such determinations.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond (“City Council” hereby amends Resolution No. 241-95, effective immediately.

BE IT FURTHER RESOLVED that, pursuant to Government Code section 21152(c), the City Council:
hereby delegates to the Human Resources Manager(s) and the Director of Human Resources/Personnel Director the authority to do the following:

Section 1.A: apply on behalf of the City for disability retirement of all employees; and
Section 1.B: initiate requests for reinstatement of such employees who are retired on the basis of disability; and
Section 1.C: nothing in this section shall be interpreted as rescinding the Risk Manager’s existing authority to make such applications.

BE IT FURTHER RESOLVED that, pursuant to Government Code section 21156, the City Council hereby delegates to the Human Resources Manager(s) and the Director of Human Resources/Personnel Director the authority to do the following:

Section 2.A: make determinations of disability on behalf of the City, including determinations as to whether such disabilities are “industrial” (as defined by the California Public Employees’ Retirement System); and Section 2.B: certify such determinations and all other necessary information to the California Public Employees’ Retirement System.

Section 2.C: nothing in this section shall be interpreted as rescinding the Risk Manager’s existing authority to make such determinations.

*****************************
(This section to be completed by Clerk’s Office)

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Tom Butt, Mayor

________________________________________
Clerk of the City of Richmond

(SEAL)

April 19, 2022

Mayor's Office

DATE: April 19, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Education and Sharing Day, USA – April 12, 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 1978, Congress asked President Jimmy Carter to
designate the birthday of Lubavitcher Rebbe, Rabbi
Menachem Mendel Schneerson, as Education and
Sharing Day, USA to recognize and pay tribute to his
efforts for a better education for everyone in the US.

RECOMMENDED ACTION:

PROCLAMATION declaring April 12, 2022, as Education
and Sharing Day, USA in the City of Richmond – Mayor’s
Office (Mayor Tom Butt 510-620-6503).

DISCUSSION:

As one of the leading global advocates for the advancement of education, the Rebbe stressed the importance of moral and ethical education as the hallmark of a healthy society and strongly urged that education be reinforced by the inculcation of strong moral values, especially as expressed in the universal divine moral code known as the Seven Noahide Laws. In 1994, shortly after his death, the Rebbe was posthumously awarded the Congressional Gold Medal by President Bill Clinton for his “outstanding AGENDA
REPORT

April 19, 2022
and lasting contributions toward improvements in world education, morality, and acts of charity”.

Through providing the possibility of an excellent education for all, especially children, with which to gain knowledge through rigorous study, we can create hope for a brighter, kinder, more united, and prosperous future in the lives of so many. A quality education is one of the significant foundations for the continued success of our state, country, and society at large, and in the City of Richmond, we strive for the betterment of all our residents through an increased focus on education and sharing.

The Chabad of Richmond has been at the vanguard of Jewish outreach in our communities, bettering the lives of countless community members and uniting a variety of faiths and religions for the common purpose of making the world a better place. The City of Richmond urges community members to nurture the unity of diverse peoples with increased acts of goodness and kindness imbued with awareness that a single positive act can make a major impact in this world.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

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

Declaring April 12, 2022 as Education and Sharing Day, USA

WHEREAS, in 1978, Congress asked President Jimmy Carter to designate the birthday of Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson , as Education and Sharing Day, USA to recognize and pay tribute to his efforts for a better education for everyone in the US; and

WHEREAS, as one of the leading global advocates for the advancement of education, the Rebbe stressed the importance of moral and ethical education as the hallmark of a healthy society and strongly urged that education be reinforced by the inculcation of strong moral values, especially as expressed in the universal divine moral code known as the Seven Noahide Laws; and

WHEREAS, in 1994 , shortly after his death, the Rebbe was posthumously awarded the Congressional Gold Medal by President Bill Clinton for his “ outstanding and lasting contributions toward improvements in world education, morality, and acts of charity”; and

WHEREAS, through providing the possibility of an excellent education for all, especially children, with which to gain knowledge through rigorous study, we can create hope for a brighter, kinder, more united, and prosperous future in the lives of so many; and

WHEREAS, a quality education is one of the significant foundations for the continu ed success of our state, country, and society at large , and in the City of Richmond , we strive for the betterment of all our residents through an increased focus on education and sharing; and

WHEREAS, the Chabad of Richmond has been at the vanguard of Jewish outreach in our communities, bettering the lives of countless community members and uniting a variety of faiths and religions for the common purpose of making the world a better place.

NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council do es hereby declare April 12, 2022 as Education and Sharing Day , USA in the City of Richmond and urges community members to nurture the unity of diverse peoples with increased acts of goodness and kindness imbued with awareness that a single positive act can make a major impact in this world.

___________________________
Mayor Tom Butt
City of Richmond, California
April 12, 2022

April 19, 2022

Mayor's Office

DATE: April 19, 2022
TO: Members of the City Council
FROM:

Tom Butt, Mayor

Subject:

Global Love Day – May 1, 2022
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In 2004, Harold Becker and The Love Foundation
recognized Global Love Day to acknowledge, celebrate,
and share the love we have within by recalling that love is the link that binds us all and the awesome power that
heals and transforms everything it contacts.

RECOMMENDED ACTION:

PROCLAMATION declaring May 1, 2022, as Global Love
Day in the City of Richmond – Mayor’s Office (Mayor
Tom Butt 510-620-6503).

DISCUSSION:

In a world that has historically revered the negative and fear-based aspects, mainstream information sources frequently present a narrow and negative perspective of what is happening upon this planet, but to the contrary, we see and know that good and right is occurring everywhere - look for love and you will see it all around you. This simple reminder changes the very nature of our experience - we are what we place our AGENDA
REPORT

April 19, 2022
attention upon and when we allow love to be our focus of life, we expand this in our everyday activities - it is as simple as changing each perspective and allowing the negative and limiting views to be released and replaced by a higher, more loving understanding.

We are one humanity on this planet. All life is interconnected and interdependent. All share in the universal bond of love. Love begins with self-acceptance and forgiveness.

With respect and compassion, we embrace diversity. Together we make a difference through love.

The City of Richmond urges community members to choose love, compassion, peace, and unity and to love locally and spread it globally. I was living in San Francisco during the Summer of Love in 1967.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

CITY OF RICHMOND, CALIFORNIA

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

Declaring May 1, 2022 as Global Love Day

WHEREAS, in 2004, Harold Becker and The Love Foundation recognized Global Love Day to acknowledge, celebrate, and share the love we have within by recalling that love is the link that binds us all and the awesome power that heals and transforms everything it contacts; and

WHEREAS, in a world that has historically revered the negative and fear-based aspects , mainstream information sources frequently present a narrow and negative perspective of what is happening upon this planet , but t o the contrary, we see and know that good and right is occurring everywhere - look for love and you will see it all around you; and

WHERAS, this simple reminder changes the very nature of our experience - we are what we place our attention upon and when we allow love to be our focus of life, we expand this in our everyday activities - it is as simple as changi ng each perspective and allowing the negative and limiting views to be released and replaced by a higher, more loving understanding; and

WHEREAS, Mayor Tom Butt was living in San Francisco during the Summer of Love in 1967; and

WHEREAS, we are one humanity on this planet; and

WHEREAS, all life is interconnected and interdependent; and

WHEREAS, all share in the universal bond of love; and

WHEREAS, love begins with self-acceptance and forgiveness; and

WHEREAS, with respect and compassion we embrace diversity; and

WHEREAS, together we make a difference through love.

NOW, THEREFORE, BE IT RESOLVED , that the Richmond City Council do es hereby declare May 1, 2022 as Global Love Day in the City of Richmond and urges community members to choose love, compassion, peace, and unity and to love locally and spread it globally.

___________________________
Mayor Tom Butt
City of Richmond, California
April 19, 2022

April 19, 2022

Mayor's Office

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Mayor Tom Butt

Subject:

Appointment to the Shimada Commission
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Actions are required to update, and make current, the
appointment roster of the Shimada Friendship
Commission. There are 11 seats on this commission, of
which 2 are vacant.

RECOMMENDED ACTION:

APPROVE appointment(s) to update the Shimada
Friendship Commission: APPOINT Arianna Rodriguez,
new appointment, seat #9, filing an unexpired term with an expiration date of December 31, 2025 - Office of the Mayor (Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

April 19, 2022
DISCUSSION:

Arianna Rodriguez is being appointed to seat #7 for her first term on the Shimada Friendship Commission. Ms. Rodriguez is a childcare provider. Her term will expire on December 31, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted application for Arianna Rodriguez

April 19, 2022

Mayor's Office

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Mayor Tom Butt

Subject:

Appointment to the Youth Council
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Actions are required to update, and make current, the
appointment roster of the Youth Council. There are 11
seats on the council of which 6 are currently vacant.

RECOMMENDED ACTION:

APPROVE action(s) to update the Youth Council;
APPOINT Makenzie Cutrer, new appointment, seat #7,
term expiration date October 1, 2022 - Office of the
Mayor (Mayor Tom Butt 510-620-6503).

AGENDA
REPORT

April 19, 2022
DISCUSSION: Makenzie Cutrer is being appointed to seat #7 for her first term on the Youth Council. Ms. Cutrer is a Richmond resident who attends Redwood Christian School. Her term will expire on October 1, 2022.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted application for Makenzie Cutrer

April 19, 2022

Department

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Mayor Tom Butt

Subject:

Appointment to the Zhoushan Commission
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Actions are required to update, and make current, the
appointment roster of the Richmond-Zhoushan Sister
City Commission. There are 11 seats on the commission,
of which 2 are currently vacant.

RECOMMENDED ACTION:

APPROVE appointment(s) to the Richmond-Zhoushan
Sister City Commission; APPOINT Leonard Berry, re-
appointment, seat #8, term expiration date December 31, 2024 – Office of the Mayor (Mayor Tom Butt 510-620-
6503).

AGENDA
REPORT

April 19, 2022
DISCUSSION: Leonard Berry is being appointed to seat #8 for his third term on the Richmond-Zhoushan Friendship Commission. Mr. Berry is employed in finance. His term will expire December 31, 2024.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted Application

April 19, 2022

Mayor's Office

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Mayor Tom Butt

Subject:

Appointment to the HPC
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Actions are required to update, and make current, the
appointment roster of the Historic Preservation
Commission. There are seven seats on this commission,
of which one is vacant.

RECOMMENDED ACTION:

APPROVE appointment(s) to the Historic Preservation
Commission: APPOINT Linda Hemmila, appointment,
seat #3, term expiration date July 31, 2026 – Office of the Mayor (Mayor Tom Butt 510-620-6503).

DOCUMENTS ATTACHED:

Attachment 1 – Redacted application for Linda Hemmila
AGENDA
REPORT

April 19, 2022

Mayor's Office

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Mayor Tom Butt

Subject:

Appointment to the HRHRC
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Actions are required to update, and make current, the
appointment roster of the Human Rights and Human
Relations Commission. There are currently 9 total seats on the commission of which one is vacant.

RECOMMENDED ACTION:

APPROVE appointment(s) to the Human Rights and
Human Relations Commission: APPOINT Ellen Seskin,
new appointment, seat #8, term expiration date March
30, 2025 - Office of the Mayor (Mayor Tom Butt 510-620- 6503).

DISCUSSION: Ellen Seskin is being appointed to seat #8 for her first term on the Human Rights/Human Relations Commission. Ms. Seskin is a longtime Richmond resident. Her term will expire on March 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted application for Ellen Seskin
AGENDA
REPORT

April 19, 2022

Mayor's Office

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Mayor Tom Butt

Subject:

Council Appointment to Public Bank East Bay
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Past practice is that the mayor generally appoints
Councilmembers to Regional Committees, Ad Hoc
Committees and Liaison positions to City Boards and
Commissions.

RECOMMENDED ACTION:

APPROVE the appointment of Councilmember Gayle
McLaughlin to the Public Bank East Bay – Office of the
Mayor (Mayor Tom Butt 510-620-6503).

DISCUSSION: Councilmember Gayle McLaughlin is being appointed the Public Bank East Bay Board to represent the City of Richmond.

DOCUMENTS ATTACHED:

None
AGENDA
REPORT

April 19, 2022

Police Department

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Louie Tirona, Acting Police Chief

Subject:

Proposed Resolution Authorizing the Acceptance and
Appropriation of Grant Funding from the Office of Justice Programs (OJP) Edward Byrne Memorial Justice
Assistance Grant (JAG) 2021 for the Purchase of Police
Safety Equipment.

FINANCIAL IMPACT: The JAG program is a reimbursement grant where expenses will be paid by the City of Richmond
(subgrantee) and reimbursed by Contra Costa County
Sherriff’s office (grantee) after payment has been made.

Expenses for police safety equipment will come from
account string 10691021-400603, and reimbursements
will go to account string 10691021-337381.The 2021
Edward Byrne Memorial Justice Assistance Grant (JAG)
Program does not require matching city funds.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Police Department was awarded the Edward Byrne
Memorial Justice Assistance Grant (JAG) 2021 by the
Office of Justice Programs and is requesting Council
approval to accept and appropriate $77,500 for the
purchase of police safety equipment
AGENDA
REPORT

April 19, 2022
RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE
$77,500 in funding from the Edward Byrne Memorial
Justice Assistance Grant (JAG) Program awarded to the
Richmond Police Department for the purchase of police
safety equipment – Police Department (Acting Chief
Louie Tirona 510-621-1802).

DISCUSSION:

The Federal government has made funds available to local law enforcement agencies under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Richmond Police Department was awarded $77,500 and proposes to use the funds for the purchase of police safety equipment (which includes, but is not limited to: bullet proof vests, ballistic shields and helmets) in accordance with the Memorandum of Understanding between the County of Contra Costa Sheriff’s Office and the City of Richmond, Police Department.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – JAG 2021 MOU Richmond

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND AUTHORIZING THE ACCEPTANCE OF $77,500 AWARDED TO THE CITY THROUGH THE 2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE

GRANT (JAG) PROGRAM TO SUPPLEMENT LAW ENFORCEMENT SERVICES

WHEREAS, the Federal government has made funds available under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) for law enforcement purposes; and

WHEREAS, the County of Contra Costa County has been designated as a distinguishable jurisdiction; and

WHEREAS, the Contra Costa County Office of the Sheriff will serve as the applicant fiscal agent and grantee for the joint funds awarded; and

WHEREAS, the City of Richmond is identified as a subgrantee and entitled to a maximum of $77,500 for law enforcement safety equipment purposes; and

WHEREAS, the Richmond Police Chief has submitted to the City Council a request that funds, which the City will receive under the allocations, be used for safety equipment costs; and,

WHEREAS, the Richmond Police Department will be required to adhere to the Memorandum of Understanding set forth by the County of Contra Costa Sheriff’s Office

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that:

1. The City of Richmond shall accept the allocation of $77,500 from the Justice Assistance Grant (JAG) Program.

2. The funds that the City will receive are hereby appropriated towards safety equipment costs.

3. The City Manager, or his/her designee, shall establish a Fund Organization/Object Code in the Munis System for the deposit of the funds which have been allocated to the City of Richmond from the 2021 JAG Grant Program.

4. The Finance Director, or his/her designee, of the City of Richmond shall submit the necessary quarterly reports and summaries to the grantee which is required by the Memorandum of Understanding between the grantee and subgrantee.

*****************************
(This section to be completed by Clerk’s Office)

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

April 19, 2022

Police Department

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Dave Aleshire, Interim City Attorney
Louie Tirona, Acting Police Chief

Subject:

Ordinance to Approve a Military Equipment Funding
Acquisition and Use Policy.

FINANCIAL IMPACT: The cost of the current equipment is presently funded and included in the Fiscal Year budget for 2023. No new equipment that is applicable to Assembly Bill 481 is
slated for purchase during the listed timeframe.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Governor Gavin Newsom signed Assembly Bill 481 into
law on September 30, 2021, to take effect on January 1, 2022. AB 481 requires law enforcement agencies to
obtain City Council approval of a military equipment use policy by Ordinance prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

RECOMMENDED ACTION:

INTRODUCE an ordinance (first reading) pursuant to
state law (Assembly Bill 481), to approve a Military
Equipment Funding, Acquisition, and Use Policy - City
Attorney’s Office/Police Department (Dave Aleshire 510- 620-6509/Louie Tirona 510-620-6655).

AGENDA
REPORT

April 19, 2022
DISCUSSION:

Governor Gavin Newsom signed Assembly Bill 481 into law on September 30, 2021, to take effect on January 1, 2022. AB 481 has been codified in Government Code Sections 7070 through 7075 whose provisions require law enforcement agencies to obtain City Council approval by an ordinance adopting a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment. No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment acquired prior to January 1, 2022, shall commence a City Council approval process as described below.

The new statute requires law enforcement agencies to seek approval of its governing body by an ordinance adopting a military equipment use policy prior to engaging in any of the following activities, pursuant to Government Code Section 7071:

1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

7. Acquiring military equipment through any means not provided by this paragraph.

In accordance with the statute, the Military Equipment Use Policy has been posted to the Richmond Police Department’s ("RPD”) website, available online at:
https://www.ci.richmond.ca.us/82/Police-Department.

Pursuant to the new law, once the City Council approves the Military Equipment Use Policy, the City Council shall receive an annual military equipment report for each type of military equipment approved by the City Council within one year of approval. Within thirty (30) days of releasing the report, the law enforcement agency shall hold a community engagement meeting regarding same.

Military Equipment is defined as follows:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

April 19, 2022

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

Note: Military Equipment does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

A Military Equipment Use Policy requires the following:

 Description of military equipment, quantity sought (if applicable), capabilities, expected lifespan, and manufacturer’s product descriptions.  Purpose(s) and authorized use(s) for each type of military equipment as the agency.
 Fiscal impact of military equipment, including initial costs to obtain and estimated annual costs of maintaining same.
 Legal and procedural rules governing authorized uses of military equipment.

April 19, 2022
 Training, including Commission on Peace Officer Standards and Training (“POST”), to be completed and by whom, prior to military equipment use to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.  Mechanisms ensuring military equipment use policy compliance, including individuals or entities with oversight authority; consequences for violations.  Procedures through which the public may register complaints, concerns or questions about the military equipment, and the agency’s plan for responding to same.

In approving the proposed Military Equipment Use Policy, the City Council must determine that the following four factors are present, pursuant to Gov. Code Section 7071(d), et seq.:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Further, any proposed or final Military Equipment Use Policy shall be made publicly available on the law enforcement agency’s website for as long as the military equipment is available for use.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Ordinance
Attachment 2 – Draft Military Equipment Use Policy with Inventory List Attachment 3 – AB 481 Equipment List - DRAFT

1. ORDINANCE NO. ___

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RICHMOND ADOPTING A MILITARY EQUIPMENT USE POLICY IN
COMPLIANCE WITH ASSEMBLY BILL 481 (GOVERNMENT CODE
SECTION(S) 7070 THROUGH 7075)
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes the public health, safety, and general welfare of its residents; and
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) now codified in California Government Code (“Gov. Code”) Sections 7070 through 7075, which relate to law enforcement’s use of military equipment as defined by Gov.

Code Section 7070(c)(1-15); and
WHEREAS, Gov. Code Section 7074 deems these provisions a statewide concern and thus applicable to charter cities such as Richmond; and
WHEREAS, Gov. Code Section 7101(a)(1)(A-G) requires law enforcement agencies to obtain approval of the applicable governing body (here, Mayor and City Council), by an ordinance adopting a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, et seq.; and WHEREAS, Gov. Code Section 7101(a)(1) requires that the adoption of such ordinance occur at a regular City Council meeting held pursuant to open meeting laws; and WHEREAS, Gov. Code Section 7101(a)(2) requires a law enforcement agency to commence a governing body approval process in accordance with the above provisions no later than May 1, 2022 to continue its use of any military equipment acquired prior to January 1, 2022; and WHEREAS, Gov. Code Section 7070(c)(1-15) defines “military equipment” broadly enough that it encompasses items standard within most law enforcement agencies (e.g., drones or specialized vehicles), which the Richmond Police Department (“RPD” or the “Department”) acquired prior to January 1, 2022; and
WHEREAS, pursuant to Gov. Code Section 7071(a)(1)(E), some of RPD’s law enforcement equipment meets the definition of “military equipment” under Gov. Code Section 7070(c)(1-15) and was acquired prior to AB 481 and its requirement that the City Council approve a use policy for same; and
WHEREAS, in accordance Gov. Code Section 7073(a), et seq., RPD drafted Policy No. 706 (“Military Equipment Funding, Acquisition and Use Policy”), which it published on the Department’s website on March 31, 2022; and
WHEREAS, the City Council of the City of Richmond, having received the information required under AB 481 (Gov. Code Sections 7070 through 7075) regarding RPD’s use of military

2. equipment as defined by said law, now deems it to be in the best interests of the City to approve the Military Equipment Policy as set forth herein.

THEREFORE, LET IT BE RESOLVED THAT NOW THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1.

The City Council finds and determines to be in full force and effect the Recitals above and hereby incorporates them herein.

SECTION 2.

Military Equipment Policy
(a) The City Council has made the following determinations pursuant to Gov. Code Section 7071(d)(1), et seq.:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed military equipment use policy (“Policy No. 706”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time; or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (b) RPD has submitted draft Policy No. 706 to the City Council and has made the document(s) available on the Department’s website for at least 30 days prior to a public hearing concerning the military equipment at issue.
(c) The City Council considered draft Policy No. 706 as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) Draft Policy No. 706 shall be made publicly available on the Department’s website for as long as the military equipment is available for use.
(e) Annually, RPD shall submit a military equipment report (“Report”) to the City Council, which contains information required by Gov. Code Section 7072, at which time, the City Council shall determine whether each type of military equipment identified in said Report complies with the standards for approval set forth in (a)(1)-(4), above.

3. (f) The City Council shall review this ordinance, and vote on whether to renew it, annually at a regular meeting, in accordance with Gov. Code Section 7071(e)(2). (g) The City Council approves the use of draft Policy No. 706 and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 2.

SEVERABILITY CLAUSE If any section, subsection, subdivision, paragraph, sentence, clause , or phrase of this uncodified Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby de clares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause, or phrase.

SECTION 3.

This uncodified Ordinance shall be effective thirty (30) days after passage and adoption. First introduced at a regular meeting of the City Council of the City of Richmond held _______, 2022, and finally passed and adopted at a regular meeting held ________, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_________________________________________

CLERK OF THE CITY OF RICHMOND (SEAL)
Approved:

___________________________
Mayor

Approved as to form:

____________________________
Interim City Attorney

Policy
706
Richmond Police Department
Richmond Police Department Policy Manual

Military Equipment Funding, Acquisition and Use
Policy

706.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisiti on, and reporting requirements of military equipment (Government Code §§ 7070, 7071, and 7072).

706.1.1 DEFINITIONS
State

MODIFIED
Definitions related to this policy include (Government Code § 7070):

Governing Body – The elected or appointed body that oversees the Department (City of Richmond City Council).

Military Equipment – Includes but is not limited to the following:

• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants.

• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind.

• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools.

• Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

• Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles).

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Richmond Police Department
Richmond Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
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• Any other equipment as determined by a governing body or a state agency to require additional oversight.

706.2 POLICY
State
It is the policy of the Richmond Police Department that member s of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Violations of this policy by member(s) of the Richmond Police Department will be investigated in accordance with RPD policy #1010.

706.3 MILITARY EQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

(a) Acting as liaison to the City Council for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquir e that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Richmond Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police (prior to submission to the City Council per section 709.7) and ensuring that the report is made available on the department website (Government Code § 7072).

706.4 MILITARY EQUIPMENT INVENTORY
State

MODIFIED

The following constitutes a list of qualifying equipment for the Richmond Police Department, as well as provides legal and procedural rules for use and training requirements:

See: RPD Military Equipment Inventory.pdf

706.5 APPROVAL OF THIS POLICY
State
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance approving the military equipment policy. As part of the approval process, the Chief of Police or authorized designee shall ensure the proposed military equipment policy is submitted to the City Council, a public hearing is held, and the policy is available on the Department’s website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

Richmond Police Department
Richmond Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
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The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):

(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

706.6 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment used by any member of this jur isdiction shall be appro ved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rende ring mutual aid.

706.7 ANNUAL REPORT
State
Upon approval of this military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one (1) year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). In considering the annual report and ordinance annually, the City Council needs to consider whether it can continue to make the findings in California Government Code § 7071(d)(1).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is avai lable for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

706.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which

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Richmond Police Department Policy Manual
Military Equipment Funding, Acquisition and Use Policy
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the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

706.8.1 COMMUNITY CONCERNS AND COMPLAINTS
State
The Richmond Police Department has established a Community Concerns and Complaints process with forms available in English and Spanish. The community will have the ability to provide verbal concerns/complaints over the telephone or in-person at the Police Facility (RPD policy #1010).

706.9 CITY COUNCIL APPROVAL

MODIFIED
Pursuant to California Government Code section 7071, the City Council of Richmond approved this Policy pursuant to Ordinance # on , 2022. Further substantive amendments to the Policy need to be reviewed and approved by the City Council.

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Richmond Police Department Policy Manual

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Attachment

Richmond Police Department Policy Manual

RPD Military Equipment Inventory.pdf

Richmond Police Department Military Equipment Inventory

Type Description Quantity Capabilities Expected
Lifespan
Manufacturer’s description Purpose and authorized uses Fiscal Impact
Legal and
Procedural
Rules
Required Training Compliance Mechanism

P a g e 1 | 4

Category 1
Tactical
Robot
Small Unmanned Tracked
Robots: An unmanned
tracked robot of any type
that is capable of being
remotely controlled as well
as all of the supporting or
attached systems designed
for gathering information
through imaging, recording
or by any other means.

1 Small Unmanned Tracked
Robots can support first
responders in any hazardous
incident which would
benefit from a ground level
perspective. These uses
could include barricaded
suspects or high-risk tactical
operations, disaster
response, and use in crawl
spaces or confined isolated
areas to assist in searches
for suspects or evidence.

Approx. 5-7
years
Small throwable reconnaissance
robot designed and manufactured
by ReconRobotics, is for use in law
enforcement and military
applications. The robot can be used
by Law Enforcement First
Responders, dismounted patrols,
special weapons and tactics (SWAT)
and other special operations teams.

Small Unmanned Tracked Robots are
to be used exclusively by the SWAT
unit during high risk operations.

$7500
initial cost
Utilized by
the RPD
Swat team
SWAT Officers authorized to operate tracked
robots are required to successfully complete a
SWAT Academy and are subject to extensive
classroom and practical application training in the
use of the robots. Additionally, SWAT Officers
regularly train on safe robot deployment in a
variety of operational settings.

At the direction of a SWAT
Supervisor or Incident
Commander
Unmanned
Aerial
Vehicles
Small Unmanned Aerial
System (UAS) is an
unmanned aircraft of any
type that is capable of
sustaining directed flight,
whether pre-programmed
or remotely controlled, and
all of the supporting or
attached systems designed
for gathering information
through imaging, recording
or by any other means.
8 Maximum Transmission
distance is 3-10 km based
on surroundings.

See Appendix A
Approx. 3-5
years

1. DJI Inspire

2. DJI Matrice 210

3. DJI Mavic Pro M1P

4. DJI Mini 2

5. DJI Mini 2

6. DJI Mavic 2 Enterprise Dual

7. DJI Mavic 2 Enterprise Dual

8. DJI Mavic 2 Enterprise
Advanced
UAS can support first responders in
any hazardous incident which would
benefit from an aerial perspective.

These uses could include search and
rescue, barricaded suspects or high-
risk tactical operations, disaster
response, and video and photographic
documentation of crime scenes.
$2500 -
$7500
initial cost
See RPD
Policy
Manual
Section 608
Must be FAA Part 107 certified Requires Watch
Commander or Tactical
Commander Approval
Category 5
2012 EVI
Spartan
The RPD MCC is a 40-foot
non-armored vehicle used
as an Incident Command
Post for preplanned events
or unplanned critical
incidents.

1 As a mobile base of
operation, these vehicles
contain specialized
command, control, and
communications equipment
to assist with this mission.

Dependent
on
operational
usage and
wear.

Custom mobile command police
center can be dispatched to any
incident to be utilized as meeting
areas, radio command centers and
more.

Equipment movement / mobile
dispatch / mobile command post for
critical incidents/operations /
Initial
Cost
$600,000

Annual
Maintena
nce
$3000
See RPD
Policy
Manual
Section 704
Authorized drivers will possess a valid Class B
California Driver license with an airbrake
endorsement and complete requisite training on
the operation of the MCC and its systems.

Outlined in RPD PM Section 704
Requires approval of a
Captain or higher rank
Category 7
Remington
870
Breaching
Shotgun
Remington 870 pump-
action shotgun designated
for breaching entryways

2 Shotgun breaching, the use
of a breaching shotgun to
affect a breach, can be an
effective option in SWAT
Unit tactics. An effective
breach is a design where the
least amount of breaching
shotgun rounds are used
and still accomplishes its
goal. An effective shotgun
breach can defeat fortified
doors and locks.

Dependent
on
operational
usage and
wear.

The Remington 870 Police Magnum
pump-action shotgun is a rugged
12gauge with a short, tactical 14”
barrel backed by a stout 3”
chamber. The all-matte black gun is
Parkerized for generalized
durability and rust-resistance. Both
the pump action for-end and stock
are robust and tough synthetic.

During crisis situations, it may become
necessary for a SWAT team to
facilitate an entry in to a target
location. It is critical the point of entry
is breached quickly and as safely as
possible. A quick and effective breach
is one key to a successful tactical
mission. Effective breaching
techniques allow tactical officers
immediate entry with minimal risk to
victims, officers, & suspects
Initial
Cost $550
Refer to
Richmond
Policy
Manual
Section 416
SWAT Officers that are trained in the use of
breaching shotguns must successfully complete a
SWAT Breaching course or in-house training from
a breaching instructor. Furthermore, SWAT
Officers must undergo live fire proficiency training
in its application.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor.

Breaching
Projectiles
12 Gauge breaching rounds

TESAR-2

TESAR-1

MB-70S FLASH BANG SOFT

FTR-P1 TRAINING (POLY
SHOT)
300 Operational range 0-1 foot 5 Years 1. TESAR-2 Black Cap 425 GR Copper Frangible

2. TESAR-1 Orange Cap 275 GR
Copper Frangible

3. MB-70S Flash Bang Soft

4. FTR-P1 Training Ammunition
(Poly Shot)
To breach entrances beyond the
capabilities of hand held impact
methods
Refer to
Richmond
Policy
Manual
Section
416.3
Less-Lethal ammunition shall consist of drag-
stabilized kinetic energy impact rounds, frangible
breaching rounds, powder or liquid OC, CN or CS
irritant rounds of approved manufacture. All
Less-Lethal shotguns shall be clearly marked and
identified by bright orange colored furniture; and,
said shotguns shall be prohibited from use with
00-Buck, 1oz slugs or other ammunition
designated as Lethal.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor
Category
10 Patrol Rifle COLT M4 Carbine
Caliber 5.56mm
Semi-Automatic
Patrol Application
50 Law Enforcement Carbine
14 ½” Barrel
Semi-Automatic
Matte Black
10 Years The patrol rifle caliber carbine
provides officers the ability to
engage hostile suspects at distances
generally greater than the effective
distance of their handguns.

Additionally, rifles offer advantages
In order to more effectively and
accurately address the increasing level
of firepower and body armor utilized
by criminal suspects, the Richmond
Police Department (RPD) will make
patrol rifles available to qualified
Initial
Cost $895

Refer to
Richmond
Policy
Manual
Section 415
Officers shall not carry or use the patrol rifle
unless they have successfully completed
departmental training. This training shall consist of
an initial 40-hour patrol rifle user's course and
qualification score with a certified patrol rifle
instructor. Officers shall thereafter be required to
Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 415

Richmond Police Department Military Equipment Inventory

Type Description Quantity Capabilities Expected
Lifespan
Manufacturer’s description Purpose and authorized uses Fiscal Impact
Legal and
Procedural
Rules
Required Training Compliance Mechanism

P a g e 2 | 4

over handguns, such as increased
accuracy potential and the ability to
defeat soft body armor but are not
appropriate for every situation.
patrol officers as an additional and
more immediate tactical resource.
successfully complete quarterly training and
qualification conducted by a certified patrol rifle
instructor.(RPD PM 415.5)
SWAT M4
Rifle

COLT M4 / M16 A2E
Caliber 5.56mm
Semi-Automatic
SWAT Application
13 Law Enforcement Carbine

11.5” Barrel
Semi-Automatic
Matte Black
10 Years The SWAT M4 rifle provides officers
the ability to engage hostile
suspects at distances generally
greater than the effective distance
of their handguns. Additionally,
rifles offer advantages over
handguns, such as increased
accuracy potential and the ability to
defeat soft body armor but are not
appropriate for every situation.

The SWAT Team maintains in its
inventory special weapons for the
purpose of providing tactical flexibility
and effectively operating in a variety
of situations. SWAT Team Members
will maintain an acceptable level of
proficiency with assigned weapons
employed by the Team. The SWAT
Team will provide training and testing
for all Team Members to ensure
familiarity and proficiency with such
weapons.

Initial
Cost
$1,025

Refer to
Richmond
Policy
Manual
Section 415
SWAT operators shall not carry or use the Colt M4
/ M16 A2E unless they have successfully
completed departmental rifle training, SWAT
physical assessment, Swat shooting assessment,
and bi-annual Swat qualifications. This training
shall consist of an initial 40-hour patrol rifle user's course and qualification score with a certified
patrol rifle instructor.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor. Use is subject
to the applicable policies
RPD PM Section 415
SWAT Colt
Commando
Rifle
COLT Commando
Caliber 5.56
SWAT Application
2 Law Enforcement Carbine

11.5” Barrel
Matte Black
Automatic Capability

10 Years The Colt Commando is a very short
variant of the M16A1 assault rifle.

The dimensions and shorter
effective range make more akin to a
sub machine gun than an assault
rifle.

The SWAT Team maintains in its
inventory special weapons for the
purpose of providing tactical flexibility
and effectively operating in a variety
of situations. SWAT Team Members
will maintain an acceptable level of
proficiency with assigned weapons
employed by the Team. The SWAT
Team will provide training and testing
for all Team Members to ensure
familiarity and proficiency with such
weapons.

Initial
Cost
$1,199
Refer to
Richmond
Policy
Manual
Section 415
SWAT operators shall not carry or use the Colt
Commando unless they have successfully
completed departmental rifle training, SWAT
physical assessment, Swat shooting assessment,
and bi-annual Swat qualifications. This training
shall consist of an initial 40-hour patrol rifle user's course and qualification score with a certified
patrol rifle instructor.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor. Use is subject
to the applicable policies
RPD PM Section 415
SWAT
DPMS Rifle
DPMS M-160
Caliber 5.56 - .223
SWAT Application
5 Law Enforcement Carbine

11.5” Barrel
Matte Black
Automatic Capability

10 Years The DMPS is a very short variant of
the M16A1 assault rifle. The
dimensions and shorter effective
range make more akin to a sub
machine gun than an assault rifle.

The SWAT Team maintains in its
inventory special weapons for the
purpose of providing tactical flexibility
and effectively operating in a variety
of situations. SWAT Team Members
will maintain an acceptable level of
proficiency with assigned weapons
employed by the Team. The SWAT
Team will provide training and testing
for all Team Members to ensure
familiarity and proficiency with such
weapons.

Initial
Cost
$1,199
Refer to
Richmond
Policy
Manual
Section 415
SWAT operators shall not carry or use the DPMS
M-160 unless they have successfully completed
departmental rifle training, Swat physical
assessment, Swat shooting assessment, and bi-
annual Swat qualifications. This training shall
consist of an initial 40-hour patrol rifle user's
course and qualification score with a certified
patrol rifle instructor.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor. Use is subject
to the applicable policies
RPD PM Section 415
SWAT Colt
M16 Rifle
COLT M16 A2
SWAT Application
2 Law Enforcement Carbine

11.5” Barrel
Matte Black
Automatic Capability

10 Years The Colt M16 A2 is a very short
variant of the M16A1 assault rifle.

The dimensions and shorter
effective range make more akin to a
sub machine gun than an assault
rifle.

The SWAT Team maintains in its
inventory special weapons for the
purpose of providing tactical flexibility
and effectively operating in a variety
of situations. SWAT Team Members
will maintain an acceptable level of
proficiency with assigned weapons
employed by the Team. The SWAT
Team will provide training and testing
for all Team Members to ensure
familiarity and proficiency with such
weapons.

Initial
Cost
$1,199
Refer to
Richmond
Policy
Manual
Section 415
SWAT operators shall not carry or use the Colt
M16 A2 unless they have successfully completed
departmental rifle training, Swat physical
assessment, Swat shooting assessment, and bi-
annual Swat qualifications. This training shall
consist of an initial 40-hour patrol rifle user's
course and qualification score with a certified
patrol rifle instructor.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor. Use is subject
to the applicable policies
RPD PM Section 415
Colt AR15
Rifle
Colt AR15 Match Target
Competition Rifle
Caliber .223
21 Gun Salute Presentation
8 Law Enforcement Carbine
16” Barrel
Matte Black
Semi-Automatic

10 Years This rifle is a Colt Match Target (flat
top) with 16″ heavy barrel with 1 in
9 twist. It has a removable handle
so that a scope or optical site can
be easily mounted. It comes with
match rear sights and regular front
site.

Currently purposed for officers
assigned to the Richmond Honor
Guard’s 21 Gun Salute Presentation.

Initial
Cost
$1,199
Refer to
Richmond
Policy
Manual
Section 415
Officers shall not carry or use the patrol rifle
unless they have successfully completed
departmental training. This training shall consist of
an initial 40-hour patrol rifle user's course and
qualification score with a certified patrol rifle
instructor.

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 415

SWAT
Heckler &
Koch SMG
H & K MP5
Sub Machine Gun (SMG)
Caliber 9mm
SWAT Application
Automatic Capabilities
17 Probably the most popular
series of submachine guns in
the world, it functions
according to the proven
roller-delayed blowback
principle. Tremendously
reliable, with maximum
safety for the user, easy to
handle, modular, extremely
10 Years MP5 available to cover the large
number of different tactical
requirements for a wide variety of
users. Whether on land, on the
water or in the air.

The SWAT Team maintains in its
inventory special weapons for the
purpose of providing tactical flexibility
and effectively operating in a variety
of situations. SWAT Team Members
will maintain an acceptable level of
proficiency with assigned weapons
employed by the Team. The SWAT
Team will provide training and testing
$965 Refer to
Richmond
Policy
Manual
Section 415
SWAT operators shall not carry or use the HK MP5
unless they have successfully completed
departmental rifle training, Swat physical
assessment, Swat shooting assessment, and bi-
annual Swat qualifications. This training shall
consist of an initial 40-hour patrol rifle user's
course and qualification score with a certified
patrol rifle instructor.

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 415

Richmond Police Department Military Equipment Inventory

Type Description Quantity Capabilities Expected
Lifespan
Manufacturer’s description Purpose and authorized uses Fiscal Impact
Legal and
Procedural
Rules
Required Training Compliance Mechanism

P a g e 3 | 4

accurate and extraordinarily
easy to control when firing.
for all Team Members to ensure
familiarity and proficiency with such
weapons.

Remington
Model 700
Remington Model 700
Caliber .308
SWAT Application
Bolt Action
7 Specifically used by SWAT
Designated Marksmen to
precisely engage hostile
subjects at a long range
10 Years It's the number one bolt-action of
all time, proudly made in the U.S.A.

For over 50 years, more Model 700s
have been sold than any other bolt-
action rifle before or since. The
legendary strength of its 3-rings-of-
steel receiver paired with a
hammer-forged barrel, combine to
yield the most popular bolt-action
rifle in history. Top choice of elite
military snipers, the Model 700 is
unequalled in tactical precision.

Provides officers the ability to engage
hostile suspects at distances generally
greater than the effective distance of
their handguns. Specifically used by
Swat Designated Marksmen to
precisely engage hostile subjects at a
long range.

The SWAT Team maintains in its
inventory special weapons for the
purpose of providing tactical flexibility
and effectively operating in a variety
of situations. SWAT Team Members
will maintain an acceptable level of
proficiency with assigned weapons
employed by the Team. The SWAT
Team will provide training and testing
for all Team Members to ensure
familiarity and proficiency with such
weapons.
$999 Refer to
Richmond
Policy
Manual
Section
415, RPD
SRT 3-01, 5-
01 SWAT operators shall not carry or use Remington
700 .308 unless they have successfully completed
departmental rifle training, Swat physical
assessment, Swat shooting assessment, and bi-
annual Swat qualifications, designated marksmen
training and designated marksmen qualifications.

This training shall consist of an initial 40-hour
patrol rifle user's course and qualification score
with a certified patrol rifle instructor.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor. Use is subject
to the applicable policies
RPD PM Section 415
RPD SRT 3-01, 5-01
H&R Arms
Rifle
H&R Arms M14
Caliber 7.62
Swat Application
1033 Program
Semi-Automatic

1 Rifle, Semiautomatic;
Automatic Rifle; Firearms;
Center Fire; 7.62 Mm; Rifled
10 Years N/A Weapon is decommissioned and not
to be used
N/A Refer to
Richmond
Policy
Manual
Section 415
Weapon is decommissioned and not to be used Weapon is being returned through the 1033
program.
.223 Caliber
Ammunition
Caliber .223 rifle rounds
(Patrol Rifle Rounds)
10000 Operational Range from 0-
500 yards
Varies Gold Dot Soft Point 55 or 62 grain

Federal / Winchester 55 grain FMJ
Only ammunition that meet RPD
specifications, approved by the Chief
of Police, and issued by the
Department may be used by officers
in their law enforcement
responsibilities. The authorized
patrol rifle for the Department is the
AR-15 / M-4 Style, 16" barrel rifle
chambered in .223 / 5.56
x 45 mm. RPD PM 415.3
$358 per
1000
rounds
Refer to
Richmond
Policy
Manual
Section
415.3
Officers shall not carry or use the patrol rifle
unless they have successfully completed
departmental training. This training shall consist of
an initial 40-hour patrol rifle user's course and
qualification score with a certified patrol rifle
instructor. Officers shall thereafter be required to
successfully complete quarterly training and
qualification conducted by a certified patrol rifle
instructor.

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 415.3
.308 Caliber
Ammunition
.308 Caliber rifle rounds
SWAT Application Only
2000 Operational Range from 0-
1000 yards
N/A Federal Tactical Tru 168 grain

Federal Tactical Bonded Tip 168
grain
Duty ammunition for approved patrol
and Swat rifles
$450 per
500
rounds
Refer to
Richmond
Police SRT
3-01, 5-01
SWAT operators shall not carry or use Remington
700 .308 unless they have successfully completed
departmental rifle training, Swat physical
assessment, SWAT shooting assessment, and bi-
annual SWAT qualifications, designated marksmen
training and designated marksmen qualifications.

Operational use under the
review of the SWAT
Commander or
appropriate team
supervisor. Use is subject
to the applicable policies
RPD SRT 3-01, 5-01
Category
12 Diversion
Devices
Def-Tec Low Roll
Single use Diversionary
Device
11-12 grams Flash Powder
SWAT & TRT Application
150 Reload Steel collar w/
cardboard tube Diameter

1.50 in / 3.81 cm Diameter
Point-to-Point 1.72 in / 4.37
cm Length 5.50 in / 13.97
cm Canister Hex Design,
Steel Fuze M201A1 Type
Explosive Content Flash
Powder - 0.39 oz / 11
grams Sound Level 175 dB at
5’ (1.5m) Light Level 6 – 8
million Candelas Light
Duration 10 milliseconds
5 Years This compact version of the 8933
Low Roll body is the newest version
of the original reusable non-
bursting canister that limits
movement and rolling once
deployed. The compact Distraction
Device unit packs all the power of
the full size 12-Gram Distraction
Device unit.

Diversionary devices are devices that
explode with a loud bang and emit a
brilliant light, they are being used to
create diversions to support high risk
entries in police work. Only those
personnel who have successfully
completed training as approved by
the SWAT Commander which covers
the proper deployment of flash/sound
diversionary devices shall be
authorized to deploy them in
operations. Their use will be restricted
to trained personnel.
$6800 per
120

RPD SRT
Procedures
2-11b
Diversionary Device Trainers must successfully
complete a Diversionary Device Course that has
been approved by the SWAT Commander.

Diversionary Device Trainers are responsible for
maintaining and updating the SWAT Team's
training and qualification as they pertain to the
deployment of diversionary devices.

Diversionary Device Trainers will attend at least
one course related to diversionary devices every
three years for updating training and maintenance
of their training skills.

Diversionary Device
Trainers are responsible
for maintaining an
inventory of all
diversionary devices
maintained by the SWAT
Team. The inventory and
disposal of diversionary
devices shall be in
accordance with local,
state, and federal
guidelines.

Chemical
Agents /
Impact
munitions
Defense Technologies

Combined Tactical Systems

PepperBall Live SD
675+ Chemical agents may be
deployed to incapacitate
dangerous or hostile
subjects, unruly persons, or
to overcome resistance to
lawful law enforcement
actions.
5 Years Compounds, devices, and delivery
systems utilized by the RPD SRT
team members. The deployment of
chemical agents is a tactical option
that may be selected with the goal
of protecting life and property
and/or restoration of order.

The deployment of chemical agents is
a tactical option that may be selected
with the goal of protecting life and
property and/or restoration of order.

It is considered a "use of force" option
and consistent with the RPD use of
force policy.

Annual
cost
$8,800

RPD SRT
Procedures
2-11c

RPD PM
Section
300, 302
Only personnel trained and having shown
proficiency in the use of any control device are
authorized to carry the device. Proficiency training
must be conducted and documented by a
Department approved instructor; as set in RPD PM
Section 302
Operational use under the
review of the Watch
Commander or
appropriate supervisor.

Richmond Police Department Military Equipment Inventory

Type Description Quantity Capabilities Expected
Lifespan
Manufacturer’s description Purpose and authorized uses Fiscal Impact
Legal and
Procedural
Rules
Required Training Compliance Mechanism

P a g e 4 | 4

Category
14 Less Lethal
Impact
Device
Remington 870
Bean Bag Shotgun
ORANGE Stock
(Utilized as a less lethal
delivery system)

17 Single Round
Pump Action

10 Years
The Remington 870 Police pump-
action shotgun is a rugged 12-gauge
with a short, tactical 18” barrel
backed by a stout 3” chamber. The
all-matte black gun is Parkerized for
generalized durability and rust-
resistance. Both the pump action
for-end and stock are robust and
tough synthetic.

Less Lethal Option for Police Officers

$450
initial
costs

$500 per
year for
service

RPD Policy
Manual
Section 416

Officers shall not carry or use any less-lethal
device unless they have successfully completed
Departmental training or approved external
training. Officers shall be required to successfully
complete annual training and qualification
conducted by a certified instructor in order to
maintain their authority to deploy less-lethal
devices. (RPD PM 416.5)

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 416
Less Lethal
Impact
Device
Remington 870
Chemical Shotgun
SWAT Application
2 Single Round
Pump Action
10 Years The Remington 870 Police pump-
action shotgun is a rugged 12-gauge
with a short, tactical 18” barrel
backed by a stout 3” chamber. The
all-matte black gun is Parkerized for
generalized durability and rust-
resistance. Both the pump action
for-end and stock are robust and
tough synthetic.

Less Lethal Option for SWAT

$450
initial
costs

$500 per
year for
service

RPD Policy
Manual
Section 416

Officers shall not carry or use any less-lethal
device unless they have successfully completed
Departmental training or approved external
training. Officers shall be required to successfully
complete training and qualification conducted by a
certified instructor in order to maintain their
authority to deploy less-lethal devices.

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 416
Less Lethal
Impact
Device
Penn Arms
40mm 6-Cylinder

PUMP MULTI-LAUNCHER
FOR MED VEL , 6.2" CYL

COLLAPSING STOCK
3 Capable of firing a variety of
munitions with a maximum
effective range of 120 feet.
40mm launchers can deliver
40mm munitions in the form
of chemical agents, sponge
baton rounds, or combined.

Varies on
operational
usage and
wear.

Multi-shot Extended Range Impact
Weapon (ERIW) launcher capable
for firing a variety of 40mm rounds.

The Department also has a limited
inventory of 37mm launchers that
share the same characteristics as
40mm launchers but are
chambered for 37mm munitions.
(40mm launchers and 37mm
launchers are considered
“Projectile Launch Platforms” under
AB-481).
40mm launchers utilized with less
lethal sponge baton rounds are may
be deployed to impact subjects
demonstrating assaultive behavior or
life-threatening behavior, as defined
in SRT Manual Section 2-11d, Use of
Less Lethal Ammunition
Initial
Costs
$4490
RPD PM
302.10.1,
302.11,
302.11.1,
302.11.2,
302.11.3

SRT Manual
Section
2-11
Officers shall not carry or use any less-lethal
device unless they have successfully completed
Departmental training or approved external
training. Officers shall be required to successfully
complete training and qualification conducted by a
certified instructor in order to maintain their
authority to deploy less-lethal devices.

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 302.11, 302.12
Less Lethal
Impact
Device
Penn Arms
40mm

SINGLE-SHOT LAUNCHER

FIXED STOCK COMBO RAIL
(GL-1 40)
7 Capable of firing a variety of
munitions with a maximum
effective range of 120 feet.
40mm launchers can deliver
40mm munitions in the form
of chemical agents, sponge
baton rounds, or combined
Varies on
operational
usage and
wear.

A 40mm single-shot break-open
frame launcher with a rifled barrel,
fixed stock and combo
rail. Features include: Double-
action trigger, trigger lock push
button and hammer lock safeties.
40mm launchers utilized with less
lethal sponge baton rounds are may
be deployed to impact subjects
demonstrating assaultive behavior or
life-threatening behavior, as defined
in SRT Manual Section 2-11d, Use of
Less Lethal Ammunition
Initial
Costs
$1302
RPD PM
302.10.1,
302.11,
302.11.1,
302.11.2,
302.11.3

SRT Manual
Section
2-11
Officers shall not carry or use any less-lethal
device unless they have successfully completed
Departmental training or approved external
training. Officers shall be required to successfully
complete training and qualification conducted by a
certified instructor in order to maintain their
authority to deploy less-lethal devices.

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 302.11, 302.12
Less Lethal
Impact
Device
FN 303 Launcher 4 The lightweight polymer
magazine holds 15
projectiles and offers a clear
rear cover to allow the
operator to instantly verify
both the payload type and
the number of projectiles
remaining.

Varies on
operational
usage and
wear.

The FN 303 Less Lethal Launcher is
constructed from durable
lightweight polymer with
comfortable ergonomics and an
easy to operate safety. The FN
303 Launcher is equipped with both
flip-up iron sights and an integrated
MIL-STD-1913 top mounting rail for
optical or electronic sights or other
accessories.

Pepper projectiles are plastic spheres
that are filled with a derivative of OC
powder. FN 303 launchers utilized
with less lethal sponge baton rounds
are may be deployed to impact
subjects demonstrating assaultive
behavior or life-threatening behavior,
as defined in SRT Manual Section 2-
11d, Use of Less Lethal Ammunition

Initial
Costs
$1299
RPD PM
Section
302.9.2
Officers shall not carry or use any less-lethal
device unless they have successfully completed
Departmental training or approved external
training. Officers shall be required to successfully
complete training and qualification conducted by a
certified instructor in order to maintain their
authority to deploy less-lethal devices.

Use is subject to the
applicable policies set
forth by the Richmond
Police Department – RPD
PM Section 302.9.2
Less Lethal
Impact
Device
Federal Laboratories
37mm
(Decommissioned)
2 The long range projectile
has a 150 yard range
Varies on
operational
usage and
wear.

Federal Laboratories 37mm Gas
Riot Gun

Decommissioned
Initial
Costs
$299

N/A

Not used by officers

Not used by officers
Impact
Munitions
Defense Technologies

Combined Tactical Systems

700

5 year
limited
shelf Life

Less Lethal Option for Police
Officers
Personnel who have completed a
departmental training course may
carry and employ 12 gauge or 40 mm
projectiles while on duty Personnel
are required to complete mandated
certification courses prior to
deploying the less lethal 12 gauge or
40 mm Launcher. These systems
deliver the following munitions:
a. Chemical or smoke agents.
b. Kinetic energy projectiles.

Annual
Costs
$3000

Refer to
RPD PM
302.10.1

Only personnel trained and having shown
proficiency in the use of any control device are
authorized to carry the device. Proficiency training
must be conducted and documented by a
Department approved instructor.

Refer to RPD PM 302.12

Use is subject to the
applicable Richmond
Police Department Policies
(300, 302)

Richmond Police Department Appendix A 1 Unmanned Aircraft Systems

Unmanned Aircraft Systems (UAS): An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre- programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Capability: UAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.

Usage: The guidelines for the use of UAS are outlined in RPD PM Section 608 – Unmanned Aerial System Operations

Training Requirements: Must be FAA Part 107 Certified

Fiscal Impact: $2500 - $7500 initial cost - $500 Annual maintenance

Expected Lifespan: - Approximately 3-5 Years

The Richmond Police Department currently possesses the following types of UAS:

DJI INSPIRE

Quantity: 1

Description: Small Unmanned Aerial System (UAS) is an unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means. (Photo Source https://www.dji.com/inspire-1-pro-and-raw/info)

DJI MATRICE 210

Quantity: 1

Description: Equipped with both an aerial zoom and thermal camera, first responders can now quickly locate missing people in remote areas and plan the safest approach path.
(Photo Source https://www.dji.com/matrice-200-series/info)

DJI MAVIC PRO M1P

Quantity: 1

Description: The Mavic is smaller, lighter, and easier to carry with you thanks to its foldable design. Its new OcuSync transmission system has a longer transmission range and 1080p resolution. Due to its larger size, the Phantom 4 has a higher maximum speed and can withstand stronger winds. Mavic’s camera has a smaller FOV, is able to focus as closely as 0.5m and can be rotated 90° for portrait shots and selfies. The Phantom 4’s larger FOV makes it better suited for landscape imaging.

Richmond Police Department Appendix A 2 (Photo Source https://www.dji.com/mavic/info)

DJI MINI 2

Quantity: 2

Description: The Mini 2 can resist 29-38kph winds and take off at a max altitude of 4,000 meters, so your footage is stable even when flying along a windy coastline or high above an alpine forest. With a max battery life of 31 minutes, DJI Mini 2 grants more than enough time to compose the perfect shot.
(Photo Source https://www.dji.com/mini-2)

DJI MAVIC 2 ENTERPRISE DUAL

Quantity: 2

Description: Visible & Thermal Imagery
 Integrated Radiometric FLIR® Thermal Sensor
 Adjustable Parameters
For Emissivity & Reflective Surfaces
 Multiple Display Modes:

FLIR MSX™, Infrared & Visible
(Photo Source https://www.dji.com/mavic-2-enterprise)

DJI MAVIC 2 ENTERPRISE ADVANCED

Quantity: 1

Description: A highly versatile yet compact tool that packs a whole lot of performance upgrades. With high-resolution thermal and visual cameras, the M2EA supports up to 32× digital zoom and is capable of centimeter-level positioning accuracy with the RTK module.
(Photo Source https://www.dji.com/mavic-2-enterprise-advanced)

April 19, 2022

Public Works

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, Public Works Director

Subject:

Hilltop Advertising Sign Removal
FINANCIAL IMPACT: The proposed expenditure of $35,000, including the low bid plus $6,251 contingency will be funded from the
approved fiscal year 2021-2022 City Manager’s Office
budget, account string 01131013-400201.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

City staff is requesting authorization to contract with YESCO to pay for the damaged Hilltop Outdoor
Advertising Sign removal in the Hilltop District along the I- 80 Freeway.

RECOMMENDED ACTION:

APPROVE a contract with YESCO for removal of the
damaged Hilltop Outdoor Advertising Sign in the Hilltop District along the I-80 Freeway, for an amount not to
exceed $35,000, including the low bid plus $6,251
contingency - Public Works Department (Joe Leach 620-
5478).

AGENDA
REPORT

April 19, 2022
DISCUSSION:

On August 26, 2010, Certus Consulting Inc. conducted a structural inspection of the Hilltop Outdoor Advertising Sign. The inspection revealed some significant structural deficiencies and recommended the replacement of the sign relatively soon. The Hilltop Mall developer incorporated the replacement of the sign as part of the new Hilltop Mall development. Unfortunately, after more than 11 years, the development failed to proceed and the sign has deteriorated more causing it to become a major safety concern for the City.

Bids were solicited for removal of the sign from three outdoors advertising sign contractors located in the San Francisco Bay Area and Sacramento as follows:

YESCO (Fairfield) $28,749.00 Arrow Sign Company (Oakland) $36,353.00 Pacific Neon Company (Sacramento) DECLINED

YESCO submitted the lowest bid. Public Works recommends approving the proposed contract with YESCO to expedite removal of the sign due to the existing damaged condition of the sign.

DOCUMENTS ATTACHED:

Attachment 1 – Proposals
Attachment 2 – Contract Agreement

Agreement
For Work At Billing Address Account Executive
Hilltop Pylon Sign
3185 GARRITY WAY
RICHMOND, CA 94806-5776
Yader Bermudez
(510) 774-6300
City of Richmond
450 CIVIC CENTER PLAZA
RICHMOND, CA 94804-1630
Joe Leach
(510) 774-6300
Brandt Schneider
[email protected]
707-688-8232
Date Estimate Number Estimate Name Terms Pricing Valid Until Deposit 03/03/2022 31763 Hilltop Pylon Sign 04/03/2022 $14,374.50 Item Amount
Scope
YESCO to remove and dispose of existing Hilltop Pylon Sign. Cut anchors at grade and leave concrete footing as is.
1 LABOR
Service Labor and Equipment to remove sign and Haul away. $28,749.00
Subtotal $28,749.00
Estimated Sales Tax $0.00
Total $28,749.00

Agreement Acceptance for Estimate 31763
YESCO's Standard Terms and Conditions, available at www.yesco.com/terms/standardtermsandconditions.pdf, are an integral part of this agreement and are incorporated by reference. City of Richmond acknowledges that it has accessed and reviewed the Standard Terms and Conditions. Upon acceptance by an authorized agent of YESCO LLC, this agreement becomes effective as of the last date signed below. This document is a complete integration and nal expression of the agreement between the parties, and may not be amended, supplemented, or otherwise modied except by written agreement executed by authorized representatives of each.

City of Richmond YESCO LLC
Signature \s1\ Signature \s2\
Title \t1\ Title \t2\
Name \n1\ Name \n2\
Date Signed \d1\ Date Signed \d2\

Invoice
Bill To Ship To Oce Location
City of Richmond
450 CIVIC CENTER PLAZA
RICHMOND, CA 94804-1630
US
Hilltop Pylon Sign
3185 GARRITY WAY
RICHMOND, CA 94806-5776
US
Brandt Schneider
[email protected]
707-688-8232
4171 Suisun Valley Road,
Suite G
Faireld, CA 94534
707-688-8232
Estimate Number Terms Account Executive
31763 DUE ON ACCEPTANCE Brandt Schneider
Item Amount
Down Payment Invoice for 50% (Prefunding) $14,374.50
Total $14,374.50

3/16/22, 11:11 AM Mail - YADER BERMUDEZ - Outlook
https://outlook.live.com/mail/0/deeplink?Print 1/2
Re: Hilltop Outdoor Sign Removal
YADER BERMUDEZ <[email protected]>
Wed 3/9/2022 6:27 PM
To: Ralph Cundiff <[email protected]>
Thanks for responding.

Yader A Bermúdez
Retired Annuitant
Public Works Director
City of Richmond
iPhone at 510 774-6300
On Mar 9, 2022, at 3:39 PM, Ralph Cundiff <[email protected]> wrote:

Hi Yader:

I have had an opportunity to review the report prepared by Certus Consulng Inc. from August of 2010 concerning the exisng Hilltop Mall sign structure and determined that at this me, this bid request is not a fit for Pacific Neon. As a result, while we appreciate the invitaon to review the project and parcipate in the bid process, we are not interested and will decline. Thank you for contacng us.

Regards,

Ralph Cundiff Jr.

Pacific Neon Company
(O) 916.927.0527 ext.206 | (C) 916.541.2868
ralph.cundiff@pacificneon.com

3/16/22, 11:11 AM Mail - YADER BERMUDEZ - Outlook
https://outlook.live.com/mail/0/deeplink?Print 2/2
From: YADER BERMUDEZ <[email protected]>
Sent: Thursday, March 3, 2022 10:27 AM
To: Ralph Cundiff <ralph.cundiff@pacificneon.com>
Cc: Joe Leach <[email protected]>
Subject: Hilltop Outdoor Sign Removal

Hi Ralph, I was given your name by your Partner Brandt Schneider from YESCO, the City of Richmond needs to remove the exisng Hilltop Outdoor Sign along I-80 due to its dilapidated and unsafe condions. Therefore, the City is requesng a proposal from three vendors, we already got Arrows Signs, Yesco and you are the third one, Our procurement process requires three bids and the selecon is based on the LOW BID. Thanks in advance for your cooperaon. Let me know if you need any other info.

Thanks

YADER A BERMUDEZ
(510) 774-6300

1 2018_Final Form

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ______ of ________ ___2022, by and between the City of Richmond, a municipal corporation and charter city (“City”) and YESCO, (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS

A. On February 1,2022, the City circulated an Invitation for Bids seeking Outdoor Advertising Sign contractors willing to undertake the demolition of the Hilltop Outdoor Advertising Sign along Interstate I-80, Richmond, CA (the “Project”).

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

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

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

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

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

Section 1.2 Construction.

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

Section 1.3 Payments.

2 2018_Final Form
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.

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

Section 1.5 Laws and Regulations.

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

(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and

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

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

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

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

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

Section 1.6 Inspections.

4 2018_Final Form
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

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

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

Section 1.8 Working Hours.

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

Section 1.9 Insurance and Bond Requirements.

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

5 2018_Final Form
requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

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

Section 1.10 Security In Lieu of Retention.

6 2018_Final Form
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

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

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

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

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

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

8 2018_Final Form
Name
_______________________
Signature
_______________________
Address

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

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

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

Section 1.11 Senate Bill 854 Notice Requirements.

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

Section 1.12 Job Site Notices.

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

Section 1.13 Municipal Code Chapter 2.65 Requirements.

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

9 2018_Final Form

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

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

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

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

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

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

10 2018_Final Form
Section 2.2 Remedies.

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

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

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

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

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

Section 2.3 Waiver of Damages.

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

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) Compliance

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

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

14 2018_Final Form

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

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

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

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

15 2018_Final Form
Section 3.7 Conflict of Interest.

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

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

Section 3.8 Notices, Demands and Communications.

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

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

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

With copy to:

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

16 2018_Final Form

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

YESCO
4171 Suisun Valley Road, Suite G
Fairfield, CA 94534
Attention: Brandt [email protected]

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected

17 2018_Final Form
duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

[Signatures on following page]

18 2018_Final Form
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:

_______________________
City Attorney

ATTEST:

_______________________________
City Clerk

CITY:

CITY OF RICHMOND, a municipal corporation and
charter city

By: _________________________________

Name: _________________________________
Its: __________________________________

CONTRACTOR:

YESCO

By: _________________________________

Name: _________________________________
Its: _________________________________

19 2018_Final Form
Exhibit A
Proposal

YESCO to remove and dispose existing Hilltop Pylon Sign along Interstate I-80 as described on YESCO Agreement dated March 3, 2022.

April 19, 2022

Public Works

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, PE, Director of Public Works
Greg Hardesty, Parks and Landscape Superintendent
Subject: Conversion of two (2) Parks Construction Maintenance Works Positions to Groundskeeper/Gardener Positions in
the Parks Division.

FINANCIAL IMPACT: The Groundskeeper/Gardener positions are paid at a rate less than the current salary of the Parks Construction
Maintenance Worker position, so there is no net impact
to the General Fund. This would result in a salary
savings. (01233631-400003)

PREVIOUS COUNCIL
ACTION:

June 29, 2021

STATEMENT OF THE
ISSUE:

The FY 2021-2022 Public Works Parks Administration
Budget was adopted with several key staff positions.

After a careful review of the division’s needs,
management requests converting two (2) of the Parks
Construction Maintenance Worker positions to two (2)
Groundskeeper/Gardener positions.

RECOMMENDED ACTION:

ADOPT a resolution to AMEND the Fiscal Year 2021-
2022 Budget and the current Position Control List for
Public Works Department, Parks Administration Division, to convert two (2) of the Parks Construction Maintenance Worker positions to two (2) Groundskeeper/Gardener
positions – Public Works (Joe Leach 620-5478/Greg
Hardesty).

AGENDA
REPORT

April 19, 2022
DISCUSSION:

The Parks Division (Parks) currently maintains sixty (60) parks and twenty (20) miles of right-of-way in the City of Richmond. The Parks staff works very hard to maintain these parks so that our residents can enjoy them throughout the year. The rights-of-way require constant upkeep to avoid becoming fire hazards during the fire season and unsightly to the public due to weeds and overgrowth.

On June 29, 2021, City Council adopted FY 2021-2022 budget via Resolution 77-21.

The Parks Administration Budget (01233631-400003) funded the following positions:

 1 Administrative Aide
 4.5 Maintenance Lead workers
 6 Parks Construction Maintenance Workers
 6 Groundskeeper Gardeners
 1 Gardener
 1 Tree Lead worker
 1 Equipment Parks Specialist

There are currently three (3) vacant Parks Construction Maintenance Worker positions.

The City is presently recruiting to fill one (1) of the positions.

The Parks Superintendent conducted a labor staffing needs assessment of the division.

After a review of the needs assessment by the Director of Public Works, it was determined the Parks Division does not require six (6) Parks Construction Maintenance Workers. A Parks Construction Maintenance Worker performs more specialized hardscape work (repairing play structure, irrigation lines, etc.). These positions are more technical in nature.

The Parks Division requires Groundskeeper/Gardeners as they are the City staff who perform the vegetative work (weed abatement, shrub pruning, litter abatement, etc.) that is crucial to maintaining Richmond parks and rights-of-way. To keep up with demand and achieve these goals, Parks requires more Groundskeeper/Gardeners. In addition, these positions would result in a salary savings for the department because the skill set is not as technical in nature.

The Richmond Chapter of Local 1021 fully supports the conversion of the Construction Maintenance Workers positions to Groundskeeper Gardener positions, as per the correspondence from Local 1021 President Gregory Everetts (Attachment 6).

City staff is requesting City Council adopt the resolution amending the FY 2021-2022 budget and position control to convert two (2) of the vacant Parks Construction Maintenance Worker positions to two (2) Groundskeeper/Gardener positions.

April 19, 2022
DOCUMENTS ATTACHED:

Attachment 1 – Resolution to modify the Public Works’ Position Control Listing Attachment 2 – Current Parks Division Position Control Listing Attachment 3 – Proposed Parks Division Control Listing
Attachment 4 – Resolution 77-21 FY 2021-22 Budget
Attachment 5 – Salary Section of FY 2021-22 Parks Maintenance Budget Attachment 6 – Local 1021 email supporting action

Reso. No. XX-XX

RESOLUTION NO. XX-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO AMEND THE FISCAL YEAR 2021-22 BUDGET AND POSITION

CONTROL LIST FOR THE PARKS DIVISION OF THE PUBLIC WORKS

DEPARTMENT

WHEREAS, on June 29, 2021, City Council adopted Fiscal Year (“FY”) 2021-22 Budget via Resolution 77-21; and

WHEREAS, the Parks’ Division (“Parks”) Administration Budget (01233631-400003) funded the following positions:

• 1 Administrative Aide
• 4.5 Maintenance Lead workers
• 6 Parks Construction Maintenance Workers
• 6 Groundskeeper/Gardeners
• 1 Gardener
• 1 Tree Lead worker
• 1 Equipment Parks Specialist; and

WHEREAS, the Parks Construction Maintenance Worker performs more specialized hardscape work (repairing play structure, irrigation lines, etc.); and

WHEREAS, the Groundskeeper/Gardeners are the individuals who perform the vegetative work (weed abatement, shrub pruning, litter abatement, etc.), which is in high demand and increasingly critical given the prevalence of wildfires in recent years; and

WHEREAS, Parks currently maintains sixty (60) parks and twenty (20) miles of right- of-way in the City; and

WHEREAS, Parks faces a maintenance demand it cannot meet given the substantial number of City parks and the prevalence rights-of-ways; and

WHEREAS, after a review of the needs assessment by the Public Works Director and the Parks’ Division Superintendent, it was determined that Parks does not require or need six (6) Parks Construction Maintenance Workers; and

WHEREAS, there are currently three (3) Parks Construction Maintenance Worker positions that remain vacant; and

WHEREAS, to achieve its goals of maintaining City parks and landscapes for the health, safety, and wellbeing of the City and its residents, Parks requires more Groundskeeper/Gardeners; and

WHEREAS, two (2) of the vacant Parks Construction Maintenance Worker positions can be converted to Groundskeeper/Gardener positions, which are vital to Parks’ function; and

WHEREAS, converting these positions into two for which the Parks has a dire need would also result in a departmental salary savings because the skill set is less technical in nature.

NOW, THEREFORE, BE IT RESOLVED that the FY 2021-22 Budget and Position Control List for the Parks Division of the Public Works Department are hereby revised and amended to convert two (2) of the vacant Parks Construction Maintenance Worker positions to two (2) Groundskeeper/Gardener positions.

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

Reso. No. XX-XX

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 April 19, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

THOMAS K. BUTT
Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. XX-XX, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on April 19, 2022.

Pamela Christian, Clerk of the City of Richmond

Reso. No. XX-XX

CLERK’S

CERTIFICATE

I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:

The foregoing resolution is a full, true, and correct copy of Resolution No. XX-XX duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 19th day of April 2022 of which meeting all the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

Such agenda was further posted, and such meeting was conducted in accordance with and pursuant to Executive Order N-29-20, signed by the Governor of the State of California on March 17, 2020, and Executive Order N-35-20, signed by the Governor of the State of California on March 21, 2020.

I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true, and correct copy of the original resolution adopted at said meeting.

Said resolution h as not b een amended, modified, or rescinded s ince the d ate of its adoption and the same is now in full force and effect.

Dated: , 2022.

City Clerk of the City of Richmond

[SEAL]

CURRENT PARKS MAINTENANCE POSITION CONTROL
Position # Description Filled (1) Vacant (0)Location Location Desc CY Alloc Org Obj CY FTE 101500004 ADMINISTRATIVE AIDE 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121000002 GARDENER 1 23 PUBLIC WORKS DEPARTMENT 2322 1
121000003 GARDENER 0 23 PUBLIC WORKS DEPARTMENT 2309 1
121000004 GARDENER 1 23 PUBLIC WORKS DEPARTMENT 2322 1
121500018 GROUNDSKEEPER/GARDNR 1 23 PUBLIC WORKS DEPARTMENT 2332 1 121500001 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500002 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500003 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500006 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2323 1 121500009 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500010 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2332 1 121500011 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2306 1 121500013 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 11233731 400003 1 121500014 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2324 1 121500015 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2332 1 130000001 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000002 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000003 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000004 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000006 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 2308 1 130000010 MAINT LEADWORKER 1 23 PUBLIC WORKS DEPARTMENT 2319 1 133100001 PARK CONT&MAINT WKR 0 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 133100003 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 2321 1 133100004 PARK CONT&MAINT WKR 0 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 133100005 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 133100006 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 2320 1 133100010 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 133100011 PARK CONT&MAINT WKR 0 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 235000002 PARKS SUPERVISOR 1 23 PUBLIC WORKS DEPARTMENT 2305 1 235000003 PARKS SUPERVISOR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400002 1 235000004 PARKS SUPERVISOR 1 23 PUBLIC WORKS DEPARTMENT 2318 1 234500001 PRKS & LDSCAPE SUPER 1 23 PUBLIC WORKS DEPARTMENT 1233631 400002 1 137100001 TREE LEADWORKER 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 33 FTEPage 430 of 669

PROPOSED PARKS MAINTENANCE POSITION CONTROL
Position # Description Filled (1) Vacant (0)Location Location Desc CY Alloc Org Obj CY FTE 101500004 ADMINISTRATIVE AIDE 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121000002 GARDENER 1 23 PUBLIC WORKS DEPARTMENT 2322 1
121000003 GARDENER 0 23 PUBLIC WORKS DEPARTMENT 2309 1
121000004 GARDENER 1 23 PUBLIC WORKS DEPARTMENT 2322 1
121500018 GROUNDSKEEPER/GARDNR 1 23 PUBLIC WORKS DEPARTMENT 2332 1 121500001 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500002 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500003 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500006 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2323 1 121500009 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500010 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2332 1 121500011 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2306 1 121500013 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 11233731 400003 1 121500014 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2324 1 121500015 GROUNDSKEEPER/GRDNR 1 23 PUBLIC WORKS DEPARTMENT 2332 1 121500009 GROUNDSKEEPER/GRDNR 0 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 121500009 GROUNDSKEEPER/GRDNR 0 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000001 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000002 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000003 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000004 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 130000006 MAINT LEAD WKR 1 23 PUBLIC WORKS DEPARTMENT 2308 1 130000010 MAINT LEADWORKER 1 23 PUBLIC WORKS DEPARTMENT 2319 1 133100001 PARK CONT&MAINT WKR 0 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 133100003 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 2321 1 133100005 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 133100006 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 2320 1 133100010 PARK CONT&MAINT WKR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 235000002 PARKS SUPERVISOR 1 23 PUBLIC WORKS DEPARTMENT 2305 1 235000003 PARKS SUPERVISOR 1 23 PUBLIC WORKS DEPARTMENT 1233631 400002 1 235000004 PARKS SUPERVISOR 1 23 PUBLIC WORKS DEPARTMENT 2318 1 234500001 PRKS & LDSCAPE SUPER 1 23 PUBLIC WORKS DEPARTMENT 1233631 400002 1 137100001 TREE LEADWORKER 1 23 PUBLIC WORKS DEPARTMENT 1233631 400003 1 33 FTEPage 431 of 669

1 From: Gregory Everetts
Sent: Friday, April 8, 2022 2:20 PM
To: Greg Hardesty
Subject: Position Conversion
I Gregory Everetts, President of Local 1021 – Richmond Chapter fully supports the conversion of (2) Construction Maintenance Workers positions to (2) Groundskeeper Gardner positions.

April 19, 2022

Public Works

DATE: April 19, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Joe Leach, P.E., Public Works Director
Dee Karnes, Fleet Superintendent
Subject:

Street Sweeper Lease Agreement with Owen Equipment
FINANCIAL IMPACT: There is no impact to the general fund. The lease will be funded through the Stormwater Enterprise Budget 4006-
40623431-400501

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

One (1) of the City’s street sweepers has become non-
operational. To continue to maintain the street sweeping program, a lease for a sweeper was required.

RECOMMENDED ACTION:

APPROVE a contract with Owen Equipment for a two (2)-
year lease agreement with a one (1)-year option to renew at a rate of $10,200 per month, plus tax and
environmental fees – Public Works (Joe Leach 620-
5478/Dee Karnes 307-3044).

DISCUSSION:

The City of Richmond (City) is a co-permittee of the Contra Costa Clean Water Program under the National Pollutant Discharge Elimination System (NPDES) Permit CAS 612008, Order No. R2-2015-0049.

AGENDA
REPORT

April 19, 2022
The City must meet several regulatory requirements to remain permit-compliant. Two (2) of these conditions within the following Sections are alleviated due to the Street Sweeping Program:

 C.10: Trash Removal
 C.12: Polychlorinated Biphenols (PCBs)

The Street Sweeping Program is beneficial for removing trash, dirt, and debris from City streets on a set schedule established by the Streets Division of the Public Works Department (Attachment 3). By reducing the amount of trash and PCBs in the streets, street sweeping prevents these contaminants from entering the City’s storm sewer system and being washed out to our creeks, bays, and oceans.

Unfortunately, one of the City’s street sweepers is now completely non-operational.

Given its co-permittee requirements, the City had no choice but to contact a company and determine if a sweeper would be available for the City to lease until it could procure purchase funding.

The Fleet Services Superintendent was able to locate the sole sweeper still available in California from Owen Equipment.

The City recognizes that it will need to purchase a new sweeper; however, turnaround time for each sweeper’s delivery is eighteen (18) months at minimum due to the limited availability of parts.

Owen Equipment has agreed to a contract lease agreement with the City for two (2) years with a one (1)-year option to renew upon both parties’ agreeing to the contractual terms – all at a rate of $10,200/month (plus tax and environmental fees). Owen Equipment will waive any price increase over the contract period.

Staff is requesting that Council approve the contract lease agreement with Owen Equipment for the monthly rental of the street sweeper at a rate of $10,200 (plus tax and environmental fees) for two (2) years with a one (1)-year option to renew pursuant to the parties’ agreement to do so.

The Stormwater Enterprise Fund will fund the sweeper rental cost(s) and, thus, have no impact to the General Fund.

DOCUMENTS ATTACHED:

Attachment 1 – Owen Equipment Contract
Attachment 2 – After-the-Fact Purchase Authorization Form Attachment 3 – Street Sweeping Schedule

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
xxxxxx

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:

Dee Karnes
Superintendent

Portland: 13101 NE Whitaker Way • Portland, OR 97294 | (503) 255-9055 Kent: 8721 S 218th St • Kent, WA 98031 | (253) 852-5819 Fairfield: 1085 Horizon Drive • Fairfield, CA 94533 | (707) 422-2333 Salt Lake City: 1220 South Legacy View St., Salt Lake City, UT 84104 | (801) 975-0400 Corporate: 4201 NE 66th Avenue, Ste 105, Vancouver, WA 98661 | (360) 787-7676

RENTAL / LEASE QUOTE AND TERMS

Customer: City of Richmond Owen Equipment Account Rep: Praneet Prasad

Thank you for choosing Owen Equipment for your rental needs. Please see the rates and terms below for your request.

Please sign and return this form so that we may proceed. If you have any questions, please feel free to call anytime.

Rental Rate $1,333.33per day. Per Week $4,000.00 per Four Weeks $10,200.00 Delivery Charge $200 Pick up Charge $200
Rental Deposit $ N/A due when unit is picked up. Customer to send payment for 2nd rental period at 30 days from will call date.

Environmental fees of $15.95 will be included in every rental billing.

Normal terms are Net 30 days. All past due accounts will be charged a 1.5% service fee per month.

Rates are based on a 40-hour week or 160 hours per 4 weeks. Additional hours will be invoiced at $0 per hour.

Rental Rate includes 1,250 miles per Four Weeks. Additional miles will be invoiced at .90 per mile over 1,250.

Prior to equipment leaving Owen premises, customer shall have on file with Owen Equipment insurance coverage with the following limits listing Owen Equipment as additional insured. a) Property Damage - $2,000,000.; b) Liability - $2,500,000, c) Physical damage - $400,000.00 CUSTOMER RESPONSIBILITIES:

Customer is responsible for ALL damage to equipment and rental will continue until the equipment is back in rental condition. Customer is responsible for all IFTA charges, State Fuel Permits and / or local taxes.

No-Tax PUC Fuel: Use of Red Dye fuel or other no-tax PUC fuel is prohibited for use in Owen rental vehicles. Upon return, if prohibited fuel is found in the rental unit, the customer will be charged for a filter replacement and a complete flu sh of the fuel system. In the unlikely event of fines levied by government agencies for driving the unit on road using no -tax fuel the customer will be held responsible.

Tolls: Any road/bridge tolls not paid by the customer will be billed separately for the toll plus an administrative fee of $25 per toll.

Daily Trip Logs: In case of IFTA or IRP audits Daily Trip Logs are to be available for inspection and review.

Customer shall not use equipment in abrasive work environments such as heavy sand, salt or corr osive materials. Damage as a result of improper use or use for material that causes damage to equipment will be paid for by the customer and rent shall continue until the equipment is back in rental condition.

Customer is responsible for normal maintenance including scheduled oil changes and replacement of wear items. Owen equipment will provide the normal service work and oil changes at no charge providing the customer brings the equipment into our Portland, Kent or Fairfield location for a scheduled service. All service records shall be provided to Owen Equipment upon request. Failure to complete normal service requirements could result in additional charges.

Customer shall ensure only properly trained and licensed staff will be permitted to operate equipment. Owen Equipment will provide training time of up to 4 hours at delivery. Additional training is available at anytime upon the customer’s request for an additional charge.

Wear items such as brushes, dirt shoes, hoses and similar items will be replaced at the time of rental return and invoiced to the customer. Equipment will have new or like new wear items at initiation of rental .

All other terms of Owen Equipment’s normal rental agreement shall apply to all rentals.

Accepted by________________________________________________ Date ______________ Contract # Title______________________________________________________ Fleet Superintendent
Dee Karnes
02/15/2022

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:

EXHIBIT D GENERAL

CONDITIONS

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

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

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

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

modify, make derivative works of, use, sell, 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, recordation, 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.

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

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5-year period following the termination of

this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

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