Richmond City Council
May 17, 2022

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
SECTION II –SPECIAL SERVICES

GROUP SPECIAL SERVICE TASK
SST - 1 Reinspections (third and subsequent) or callback $264.00 $308.80 0% $308.00 $44.00 SST – 1.1 Additional inspection time during normal business hours - per half hour. $132.00 $117.19 0% $117.00 -$15.00 SST – 1.2 Additional inspection time after normal business hours - per half hour. $264.00 $175.78 0% $175.00 -$89.00 SST – 1.3 Inpections conducted after business hours, on weekends, or holidays (3 hour minimum) $792.00 $878.92 0% $878.00 $86.00 SST – 2 Consultation: 1/2 hour minimum $132.00 $124.77 1% $124.00 -$8.00 SST – 3 Copying: Per Page $0.20 NA NA $0.20 $0.00
False Alarms: Initial notice to correct any malfunctions with alarm system NA NA No Charge $0 SST – 4 For 1st (within 180 days) $295.00 $295.29 0% $295.00 $0.00 SST – 4.1 2nd – (within 180 days) $591.00 $570.64 0% $570.00 -$21.00 SST – 4.2 3rd – and/or each occurrence thereafter (within 365 days) $1,182.00 $1,125.13 0% $1,125.00 -$57.00 SST-5 Weld Inspection $292.97 0% $292.00 NA
Fire Protection System Signaling Service
SST – 6 Registration and 1st Year service fee $264.00 $258.12 0% $258.00 -$6.00 SST – 6.1 Annual Service Fee $46.00 $47.48 1% $47.00 $1.00 SST – 7 Halon Concentration Test $527.00 $527.35 0% $527.00 $0.00 SST – 8 Knox Box Service $44.00 $74.42 30% $52.00 $8.00 SST – 9 Standby: Single person during business hours, per hour $264.00 $257.82 0% $257.00 -$7.00 SST-9.1 Standby: Single person, after business hours, per hour $316.41 0% $316.00 NA SST-9.2 Standby: Fire Engine/Unit per hour $792.00 $771.83 0% $771.00 -$21.00 SST – 10 Training/Instructional Services Base Fee (up to 2 hours) $527.00 $534.95 0% $534.00 $7.00 SST - 10.1 Additional training/instructional time, per hour $264.00 $234.38 0% $234.00 -$30.00 SST – 11 File Research and Review $31.00 $47.48 24% $36.00 $5.00 SST – 12 Business License Inspection $132.00 $258.12 40% $156.00 $24.00 SST - 13 Failure to obtain operational permit $576.00 NA NA DOUBLE FEES NA SST - 14 Extend plan review/construction permit 180 days $264.00 $148.51 0% $148.00 -$116.00 REF/BULK Bulk Transfer Rate (Section III Plan Review, Section IV Permit to Operate 21.12 & 21.13) Permit to Operate a Bulk Transfer facility where loading or unloading of flammable or combustible liquids from or between tank Process Transfer Rate (Section III Plan Review, Section IV Permit to Operate 21.14 & 21.15) Permit to Operate a Process Transfer facility where the transfer of flammable or combustible liquids between tank vehicles or tank cars and process operations. Process operations may include containers, tanks, piping and May 3, 2022 Page 15 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
SECTION III – PLAN REVIEW
GROUP PRELIMINARY PLAN REVIEW – CONSULTATIONS/MEETING
PR-1 In Office Design/Consultation per half hour $132.00 $124.77 1% $124.00 -$8.00 PR-1.2 Out of Office Design/Consultation per hour (min. 2 hours) $527.00 $499.10 0% $499.00 -$28.00 PR-1.3 Review of fire & life safety systems $527.00 $542.52 0% $542.00 $15.00 PR-1.4 Gates and barricades on fire roads $527.00 $590.00 0% $590.00 $63.00 Major Subdivision Plan Review (5 or More Lots/Parcels) (See PR 11.1) PR – 2 Review of subdivision for access, hydrant placement. $792.00 $839.55 0% $839.00 $47.00 Minor Subdivision Plan Review (1 to 4 Lots/Parcels) (See PR 11.1) PR – 2.2 Review of subdivision for access, hydrant placement. $396.00 $465.23 0% $465.00 $69.00 Single Family Home Review – access & water supply
PR – 2.3 Single Family Home Review – access & water supply (new construction) $396.00 $172.26 0% $172.00 -$224.00 PR – 2.3.1 Single Family Home Review – access & water supply (TI/modifications) $264.00 $172.26 0% $172.00 -$92.00 GROUP BUILDING CONSTRUCTION – NEW BUILDINGS & TENANT IMPROVEMENTS New Construction or Building Additions Plan Review (See PR 11.1) PR – 3 Minimum plan review base fee. $792.00 $590.00 0% $590.00 -$202.00 PR – 3.1 Plus $.08 per square foot in excess of 2,000 sq. ft. $0.08 $0.09 0% $0.09 $0.01 Tenant Improvement Plan Review (for building additions see PR 3.1) PR – 3.2 Minimum plan review base fee. $527.00 $590.00 0% $590.00 $63.00 PR – 3.2.1 Plus $.08 per square foot in excess of 2,000 sq. ft. $0.08 $0.09 0% $0.09 $0.01 All fees
include
minimum plan
review and
May 3, 2022 Page 16 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR-3.3 Industrial Ovens (CFC 105.7.15) $590.00 0% $590.00 NA PR-3.4 Motor Vehicle Repair Room and Booths (CFC 105.7.17) $590.00 0% $590.00 NA PR-3.5 Solar Photovoltaic Power Systems (CFC 105.7.21) $590.00 0% $590.00 NA SECTION III – PLAN REVIEW
GROUP WATER SUPPLY – FIRE SERVICE MAINS – FIRE HYDRANTS Fire Service – Emergency Repair
PR – 4 Review of underground piping, placement, and size. $527.00 $590.00 0% $590.00 $63.00 Install, Repair Private Fire Service Hydrants and/or Piping to Firewater Lines PR – 4.2 Minimum plan review base fee of system. $527.00 $590.00 0% $590.00 $63.00 Flush - Private Fire Service System
PR – 4.3 Minimum inspection base fee. $264.00 $340.45 0% $340.00 $76.00 Hydrostatic Test - Private Fire Service System
PR – 4.4 Minimum inspection/test base fee. $527.00 $633.43 0% $633.00 $106.00 Water Flow Information Field Test
PR – 4.5 Minimum field test base fee. $527.00 $758.20 0% $758.00 $231.00 PR – 4.5.1 Additional or multiple flow tests per ½ hour. $132.00 $117.19 0% $117.00 -$15.00 SECTION III – PLAN REVIEW

GROUP FIRE PROTECTION SYSTEMS
Tenant Improvement Fire Sprinklers (without calculations) PR – 5 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 PR – 5.1.2 Additional inspections per hour (i.e. weld-o-let, hydro, visual, etc…) $264.00 $292.97 0% $292.00 $28.00 Tenant Improvement Fire Sprinklers (with calculations)
May 3, 2022 Page 17 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR – 5.2 Minimum plan review base fee. $656.00 $773.37 0% $773.00 $117.00 PR–5.2.2 Each additional inspection per hour (i.e. weld-o-let, hydro, visual, etc…) $264.00 $292.97 0% $292.00 $28.00 New Commercial Fire Sprinkler System (13, 13R, & 15 systems) PR – 5.3 Minimum plan review base fee per riser. $1,054.00 $1,191.12 0% $1,191.00 $137.00 PR–5.3.2 Each additional inspection per hour (i.e. weld-o-let, hydro, visual, etc…) $264.00 $292.97 0% $292.00 $28.00 Residential Fire Sprinkler System (single family home)
PR – 5.4 Minimum plan review base fee. $593.00 $882.98 0% $882.00 $289.00 Residential Fire Sprinkler System (multiple homes)
PR – 5.5 Minimum plan review base fee per model. $656.00 $1,058.76 0% $1,058.00 $402.00 PR–5.5.1 Each additional lot (flush, hydrostatic test and final) $396.00 $351.57 0% $351.00 -$45.00 PR–5.5.2 Each Additional inspection per hour (i.e. models, individual homes) $264.00 $292.97 0% $292.00 $28.00 Standpipe System
PR – 5.6 Minimum plan review base fee. $792.00 $882.98 0% $882.00 $90.00 PR–5.6.1 Each additional inspection per hour (i.e. hydro, flush, flow test, etc…) $264.00 $234.38 0% $234.00 -$30.00 Spray Booth (includes booth and fire extinguishing system) PR – 5.7 Minimum plan review base fee. $792.00 $898.15 0% $898.00 $106.00 Pre-Action Fire Suppression System
PR – 5.8 Minimum plan review base fee. $792.00 $882.98 0% $882.00 $90.00 Fixed Fire Suppression System – (wet/dry chem., water mist, etc…) May 3, 2022 Page 18 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR – 5.9 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 PR–5.9.1 Each additional separate system at same location. $264.00 $234.38 0% $234.00 -$30.00 Clean Agent Fire Suppression System
PR – 5.10 Minimum plan review base fee. $1,054.00 $1,117.35 0% $1,117.00 $63.00 Fire Pump Installation
PR – 5.11 Minimum plan review base fee. $1,845.00 $1,835.66 0% $1,835.00 -$10.00 Commercial Cooking (Hood and Duct) Fire Suppression System PR – 5.12 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 PR–5.12.1 Each additional system. $264.00 $234.38 0% $234.00 -$30.00 Smoke & Heat Vents
PR – 5.13 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 Smoke Management/Control System
PR – 5.14 Minimum plan review base fee. $1,845.00 $1,909.43 0% $1,909.00 $64.00 Explosion Control (includes: vents, dust collection, etc…) PR – 5.15 Minimum plan review base fee. $1,054.00 $1,132.53 0% $1,132.00 $78.00

GROUP FIRE ALARM SYSTEM
Fire Alarm System
May 3, 2022 Page 19 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR – 6 Minimum plan review base fee. $656.00 $898.15 0% $898.00 $242.00 PR – 6.1 Plus $ 11.00 per initiating device $12.00 $7.81 10% $7.00 -$5.00 PR – 6.1.2 Pre-wire inspections per hour. $264.00 $292.97 0% $292.00 $28.00 Dedicated Function Fire Alarm System (i.e. sprinkler monitoring, elevator recall, etc…) PR – 6.2 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 Fire Alarm Panel Replacement Only
PR – 6.3 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 High-Rise Fire Alarm (new and/or system upgrade)
PR - 6.4 Minimum plan review base fee. $2,109.00 $2,217.57 0% $2,217.00 $108.00 PR - 6.4.1 Plus $ 11.00 per initiating device $12.00 $7.81 10% $7.00 -$5.00 PR – 6.4.3 Pre-wire inspections per hour. $264.00 $234.38 0% $234.00 -$30.00 PR-6.5 Emergency Responder Radio Coverage System $590.00 0% $590.00 NA

GROUP FLAMMABLE & COMBUSTIBLE LIQUIDS (TANKS- PIPING & DISPENSING) Remove (Repair, Modify, Extend Piping) Underground Tank PR – 7.1 Install/Repair/Modify/Extend Piping/Remove Underground Tank. $792.00 $824.38 0% $824.00 $32.00 Install (Repair, Modify, Extend Piping) Aboveground Tank PR – 7.2 Install/Repair/Modify/Extend Piping/Remove Aboveground Tank. $527.00 $590.00 0% $590.00 $63.00 PR – 7.2.1 Each additional tank. $264.00 $234.38 0% $234.00 -$30.00 Abandon Underground Tank in Place
PR – 7.3 Minimum plan review base fee. $792.00 $758.20 0% $758.00 -$34.00 May 3, 2022 Page 20 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
Environmental Upgrade (vapor recovery and processing systems, spill control, secondary containment and environmental agency requirements)
PR – 7.4 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 Apply Interior Coating to Flammable Liquid Tanks
PR – 7.5 Minimum plan review base fee. $792.00 $882.98 0% $882.00 $90.00 GROUP COMPRESED GAS SYSTEMS: LPG /CNG/MEDICAL/CRYOGENICS Container Exchange Programs; LPG Tank Installation Without Dispensing PR – 8 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 Install, Modify, Repair LPG – CNG – Hydrogen (Tank Install and/or Dispensing) PR – 8.2 Minimum plan review base fee. $923.00 $1,007.75 0% $1,007.00 $84.00 Install, Modify, Repair Medical or Compressed Gas Systems PR – 8.3 Minimum plan review base fee. $923.00 $1,124.94 0% $1,124.00 $201.00 Install, Modify, Repair Cryogenics Fixed Installation
PR – 8.4 Minimum plan review base fee. $923.00 $1,124.94 0% $1,124.00 $201.00 Install, Modify, Repair Compressed Gas Storage
PR – 8.5 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 PR-8.6 Install, Modify Cannabis/Plant Extraction System (CFC 105.7.18) $1,015.34 0% $1,015.00 NA PR-8.6.1 Plus $0.08 per square foot in excess of 2,000 sq. ft. $0.09 0% $0.09 NA GROUP SPECIAL HAZARDS – HAZARDOUS
Battery Systems
May 3, 2022 Page 21 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR – 9 Minimum plan review base fee. $527.00 $648.60 0% $648.00 $121.00 Dust Collection Systems
PR – 9.2 Minimum plan review base fee. $656.00 $648.60 0% $648.00 -$8.00 Explosives Storage
PR – 9.3 Minimum plan review base fee. $1,054.00 $1,249.71 0% $1,249.00 $195.00 Hazardous Materials Compliance Review
PR – 9.4 Minimum review of MSDS, HMMP and/or HMIS submittals. $264.00 $249.55 0% $249.00 -$15.00 Hazardous Materials – Storage /Dispensing – Open/Closed Systems PR – 9.5 Minimum plan review base fee. $1,054.00 $1,249.71 0% $1,249.00 $195.00 PR – 9.5.1 Each additional system. $527.00 $483.93 0% $483.00 -$44.00 PR-9.5.3 Dipping (CFC 105.7.23) $648.60 0% $648.00 NA
Install, Modify, Repair Mechanical Refrigeration Systems PR – 9.6 Minimum plan review base fee. $792.00 $1,000.17 0% $1,000.00 $208.00 PR-9.7 Fuel Cell Power Systems (CFC 105.7.10) $882.98 0% $882.00 NA

GROUP HIGH PILE RACK STORAGE SYSTEMS
High-Pile or Rack Storage
PR – 10 Minimum plan review base fee. $792.00 $831.97 0% $831.00 $39.00 Temporary Access Roads & Water Supply
Install a Temporary Access Road – Residential and Commercial PR – 11 Install a Temporary Access Road - 1-2 Homes $264.00 $289.44 0% $289.00 $25.00 May 3, 2022 Page 22 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR–11.1 Install a Temporary Access Road 3+ Homes or Commerical $527.00 $648.60 0% $648.00 $121.00 Install a Temporary Water Supply System
PR – 12 Minimum plan review base fee. $527.00 $590.00 0% $590.00 $63.00 Miscellaneous Submittals - Alternative Means and Methods Miscellaneous Submittals or Plans Review
PR – 13 Minimum plan review base fees up to two hours. $527.00 $590.00 0% $590.00 $63.00 Alternative Means and Methods Requests or Code Interpretation Review PR – 13.2 Minimum review base fee. $527.00 $499.10 0% $499.00 -$28.00

GROUP EXPEDITE PLAN REVIEW REQUEST & ADDITIONAL CHARGES/INSPECTION TIME PR – 14 Expedited Plans Surcharge (after business hours) $792.00 $748.65 0% $748.00 -$44.00 Demolition Permit pursuant to Chapter 33, CFC
PR – 15 Demolition Permit pursuant to Chapter 33, CFC $264.00 $348.04 0% $348.00 $84.00

GROUP BULK/TERMINAL/BULK TRANSER/PROCESS TRANSFER MAINTENANCE REVIEW Fees will be based on construction permit required for routine maintenance/repair work which conducted within these facilities.

Install, Modify, Repair, Replace Fireproofing
PR – 16 Minimum plan review base fees up to two hours. $527.00 $590.00 0% $590.00 $63.00 Install, Modify, Repair, Replace Piping for Systems Containing Hazardous Materials May 3, 2022 Page 23 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR – 17 Minimum plan review base fees up to two hours. $527.00 $590.00 0% $590.00 $63.00 Install, Modify, Repair, Replace Piping for Systems Containing Hazardous Materials PR – 18 Minimum plan review base fees up to two hours. $590.00 0% $590.00 NA Install, Modify, Repair Pump Installed In Hazardous Material Process System PR – 19 Minimum plan review base fees up to two hours. $527.00 $590.00 0% $590.00 $63.00 Additional Plan Review Fees
PR – 20 Revisions and resubmittals, per hour $264.00 $249.55 0% $249.00 -$15.00 PR – 21 Additional plan review time, per half hour $132.00 $124.77 1% $124.00 -$8.00 PR – 21.1 Additional plan review time, expedited, per hour $264.00 $249.55 0% $249.00 -$15.00 PR – 22 Additional inspections during business hours (min 1 hour) $264.00 $292.97 0% $292.00 $28.00 PR – 22.1 Additional inspection time during business hours, per half hour $117.19 0% $117.00 NA PR – 22.2 After hours inspection, 3 hour minimum $792.00 $878.92 0% $878.00 $86.00 PR – 22.3 Additional inspection time, after hours, per half hour $175.78 0% $175.00 NA PR – 23 Working without approved plans NA NA DOUBLE FEE NA SECTION IV – NOTES

GROUP NOTES
SECTION V – REIMBURSEMENT FOR FIRE DEPARTMENT RESPONSE

GROUP FIRE INCIDENT RESPONSE
FIR – 1 Per unit response, per hour (includes captain, engineer and firefighter) $442.00 $617.46 0% $617.00 $175.00 FIR – 2 Damaged or consumable equipment replaced at cost. $331.00 NA NA Actual Cost NA FIR – 3 RFD reserves the right to invoice for individual event with customized mitigation rates including itemized, per person, at various response levels and for itemized products and equipment used. NA NA Actual Cost NA Fire & Life Safety Inspections (does not include applicable operational permits) Group Assembly/Business/Mercantile/Office Suite
Permits are non-transferrable and fees are non-refundable. Failure to pay invoice fees within 30 days shall result in a 20 percent late payment charge. In the case of multiple annual permits, permits may be issued for shorter periods and prorated on the basis of a 1/12th charge for each month and portion thereof.

May 3, 2022 Page 24 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
BM-1 B/M 0-5,000 sq. feet $129.00 $178.11 14% $153.00 $24.00 BM-2 B/M 5,001 – 10,000 sq. feet $341.67 0% $341.00 NA
BM-3 B/M 10,001 – 20,000 sq. feet $458.86 0% $458.00 NA BM-4 B/M 20,001 – 40,000 sq. feet $576.05 0% $576.00 NA BM-5 B/M 40,001+ sq. feet $751.83 0% $751.00 NA
Group Other Occupancy (F/H/L/S)
O-1 O 0-5,000 sq. feet $283.07 0% $283.00 NA
O-2 O 5,001-10,000 sq. feet $400.26 0% $400.00 NA
O-3 O 10,001-20,000 sq. feet $576.05 0% $576.00 NA
O-4 O each 10k sq feet above 20k $576.05 0% $576.00 NA
Group Schools
E-1 Occupant load 1- 50 $328.00 $400.26 0% $400.00 $72.00 E-2 Occupant load 51-149 $461.00 $517.45 0% $517.00 $56.00 E-3 Occupant load 150-499 $546.00 $634.64 0% $634.00 $88.00 E-4 Occupant load 500+ $656.00 $751.83 0% $751.00 $95.00 Group State Licensed Care Facilities
SL-1 Residential Large Family Day Care (7-14 persons) $264.00 $341.67 0% $341.00 $77.00 SL-2 Commercial Day Care E3/I4 (7-49 persons) $264.00 $517.45 0% $517.00 $253.00 SL-3 Commercial Day Care E3/I4 (50+ persons) $264.00 $634.64 0% $634.00 $370.00 SL-4 Pre-inspection/850 Form $264.00 $234.38 0% $234.00 -$30.00 SL-5 Residential Assisted Living Facility (24 hr) $264.00 $400.26 0% $400.00 $136.00 SL-6 Other Licensed Facilities $264.00 $400.26 0% $400.00 $136.00 Group Institutional
I-1 Hospital/Surgical Center <50k sq. feet $527.00 $751.83 0% $751.00 $224.00 I-2 Hospital/Surgical Center 50,001+ sq. feet $527.00 $1,689.35 0% $1,689.00 $1,162.00 I-3 Nursing/Nonambulatory Facilities $527.00 $634.64 0% $634.00 $107.00 I-4 Jails/Detention Facilities $986.00 $1,572.16 0% $1,572.00 $586.00 I-5 Police Holding Cells or DOJ Review $263.00 $249.55 0% $249.00 -$14.00 Group Residential R1/R2 Occupancies
R-1 Residential 1-5 units $124.00 $182.85 20% $147.00 $23.00 R-2 Residential 6-15 units $227.00 $238.95 0% $238.00 $11.00 R-3 Residential 16-99 units $278.00 $346.42 0% $346.00 $68.00 May 3, 2022 Page 25 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
R-4 Residential 100-249 units $557.00 $699.61 0% $699.00 $142.00 R-5 Residential 250-499 units $926.00 $1,109.77 0% $1,109.00 $183.00 R-6 Residential 500+ units $926.00 $3,172.60 0% $3,172.00 $2,246.00 R-7 Residential - Transient (hotel, motel, shelter) $400.26 0% $400.00 NA

GROUP FIRE INCIDENT RESPONSE CHIEF LEVEL RESPONSE
CLR – 1 Chief of Department, per hour $207.00 $311.19 0% $311.00 $104.00 CLR – 2 Deputy Fire Chief, per hour $185.00 $276.67 0% $276.00 $91.00 CLR – 3 Battalion Chief, per hour $113.00 $240.05 0% $240.00 $127.00 CLR – 4 Fire Marshal, per hour $138.00 $249.55 0% $249.00 $111.00 CLR – 5 Deputy Fire Marshal, per hour $114.00 $234.38 0% $234.00 $120.00 CLR-6 Fire Investigator, during business hours, per hour $234.38 0% $234.00 NA CLR-6.1 Fire Investigator, outside business hours, per hour $351.57 0% $351.00 NA CLR-7 Emergency Services Manager, per hour $136.96 1% $136.00 NA CLR-8 Captain, per hour $224.39 0% $224.00 NA
CLR-9 Engineer, per hour $198.00 0% $198.00 NA
CLR-10 Firefighter, per hour $195.07 0% $195.00 NA
Fees removed, replaced, or consolidated

GROUP AERIAL PRE-PLAN FEES FOR SPECIFIC OCCUPANCIES
APP – 1 Small (elementary school size or smaller)
APP – 2 Medium (middle school size or smaller)
APP – 3 Larger (high school size or smaller)
APP - 4 Extra Large (cost will vary depending on overall size) GROUP LICENSED CARE FACILITIES – 24 HOUR
LCF – 1 Base Fee:

LCF – 2 Plus each additional unit/occupant
Infant-care facility for children 2 ½ years of age and younger LCF – 3 Base Fee:

LCF – 4 Plus each additional unit/occupant
GROUP LICENSED CARE FACILITIES – LESS 24 HOUR
Adult or Day Care Facility (Nonambulatory Person)
LCF – 5 Base Fee:

LCF – 6 Plus per unit/occupant
Adult or Child Large Family Day Care
LCF – 7 Base Fee:

LCF – 8 Plus per unit/occupant
Adult or Child Day Care Center
LCF – 9 Base Fee:

A one (1) time
***Occupant
(a) Permit to operate a licensed care facility such as: Rehabilitation facility, Assisted Living, Halfway Houses, ***Occupant
May 3, 2022 Page 26 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
LCF – 10 Plus per unit/occupant
LCF – 11 Licensed Clinic
LCF – 12 Pre – Inspection Fees – 850 Form

GROUP EDUCATIONAL (PRIVATE SCHOOL) OCCUPANCY
EDU – 1 Occupant load less than 50
EDU – 2 Occupant load 50-149
EDU – 3 Occupant load 150-499
EDU – 4 Occupant load 500 or more

GROUP INSTITUTIONAL OCCUPANCIES
INS – 1 HOSPITAL (medical, surgical & psychiatric) and Nursing Homes INS – 1.1 Plus $5.00 per patient/bed
INS – 2 Out Patient Clinics greater than 5 patients
INS – 2.1 Plus $5.00 per patient/bed
Inspection of Police Services facilities (holding cells) & DOJ Review INS – 3 (Includes the approval of Evacuation & Life Safety Procedures).

INS – 4 Inspection of adult and/or juvenile detention facilities

GROUP RESIDENTIAL OCCUPANCIES
HOTEL/MOTEL OR APARTMENT/CONDOMINIUM HOUSE:

RES – 1 *250 or more units
RES – 2 *100 249 units
RES – 3 *15 99 units
RES – 4 *6 14 units
RES – 5 *5 or Less units

GROUP BUSINESS OCCUPANCIES
MULTI-BUSINESS OCCUPANCIES :

BUS – 1 35 or more Suites
BUS – 2 25 34 Suites
BUS – 3 15 24 Suites
BUS – 4 6 14 Suites
BUS – 5 5 or Less Suites
HR – 1 To inspect a Hi-Rise building (State certification inspection) - Pre 1974 SST – 1.4 Fire Company Mercantile Inspection
SST - 1.5 Annual Commercial Warehouse Fire Inspection – Greater than 3,000 square feet.

SST – 3 Per hour
SST – 8 Fire Hydrant Flow Test
SST – 10 High Rise Certification
PR – 2.1 Each additional site inspection per hour.

PR-20 Re-submittals or revisions.

PR-21 Additional plan review time, per half hour.

PR – 2.2.1 Each additional inspection.

To operate
(a) Permit to operate a licensed care facility such as: Adult Day Care, Adult Day Support Center, Child Day May 3, 2022 Page 27 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR – 17 Additional plan review time, per half hour.

PR – 5.1.1 Plus $1.00 per head in excess of 10 heads.

PR–5.2.1 Plus $1.00 per head in excess of 10 heads.

PR–5.3.1 Plus $1.00 per sprinkler head.

PR–5.4.1 Each additional inspection per hour.

PR–5.7.1 Each additional inspection per hour.

PR–5.8.1 Each additional inspection per hour.

PR–5.9.2 Each additional inspection per hour.

PR–5.10.1 Each Additional inspection per hour.

PR–5.11.1 Each Additional inspection per hour.

PR–5.12.2 Each additional inspection per hour.

PR –5.13.1 Each additional inspection per hour.

PR–5.14.1 Each Additional inspection per hour.

PR–5.15.1 Each Additional inspection per hour.

PR – 6.1.1 Each additional inspection per hour.

PR–6.2.1 Each additional inspection per hour.

PR – 6.3.1 Each additional inspection per hour.

PR - 6.4.2 Each additional inspection per hour.

Install Underground Tanks
PR – 7 Minimum plan review base fee.

PR-7.1.1 Each additional inspection/stand-by time per hour.

PR – 7.2.2 Each additional inspection.

PR – 7.3.1 Each additional inspection/stand-by time per hour.

PR – 7.4.1 Each additional inspection per hour.

PR – 7.5.1 Each additional inspection/stand-by time per hour.

PR – 8.1 Each additional inspection per hour.

PR – 8.2.1 Each additional inspection per hour.

PR – 8.3.1 Each additional inspection per hour.

PR – 8.4.1 Each additional inspection per hour.

PR – 8.5.1 Each additional inspection per hour.

PR – 9.1 Each additional inspection per hour.

PR – 9.2.1 Each additional inspection per hour.

PR – 9.3.1 Each additional inspection per hour.

PR – 9.4.1 Additional plan review time, per half hour.

PR – 9.5.2 Each additional inspection per hour.

PR – 9.6.1 Each additional inspection per hour.

PR–10.1 Field inspection time will be charged per hour.

May 3, 2022 Page 28 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PR–11.1.2 Each additional inspection per hour.

PR–12.1 Each additional inspection per hour.

PR–13.1 Additional plan review time will be charged on hourly basis.

PR–13.1.2 Each additional inspection per hour.

PR–14.1 (Additional plan review time, $ 251.00 per hour) PR–14.2 Expedited Plans - reviewed after normal business hours, three-hour minimum.

PR –14.3 (Additional plan review time, $ 251.00 per hour) PR-16.1 Additional plan review time will be charged on hourly basis.

PR-16.2 Each additional inspection per hour.

PR-17.1 Additional plan review time will be charged on hourly basis.

PR-17.2 Each additional inspection per hour.

PR–18.1 Additional plan review time will be charged on hourly basis.

PR–18.2 Each additional inspection per hour.

PR–19.1 Additional plan review time will be charged on hourly basis.

PR–19.2 Each additional inspection per hour.

Additional Charges and Inspection Time
PR - 20 Re-submittals or revisions.

PR – 21 Additional plan review time, $ 125.00 per half hour.

PTO - 4 Carbon Dioxide Systems used in Beverage Dispensing Application – Permit is required for carbon dioxide systems used in beverage dispensing applications having more than 100 pounds of PTO – 5.1 Additional inspection time during normal business hours per ½ hour.

PTO – 5.2 After hours inspection time per ½ hour.

PTO – 5.3 Overtime & Weekend inspections - three (3) hours minimum.

Dry Cleaning Plant
PTO – 13.1 Permit to operate a dry cleaning plant operation .

PTO – 15.1 Over 100 lbs.

PTO - 15.2 Ammonium Nitrate Storage
PTO – 15.3 Gunpowder Sales - 100 lbs. or less
PTO – 15.4 Gunpowder Sales – Over 100 lbs.

PTO – 17 Repair, Modification or Extension of Piping
PTO – 21.1 5 – 10 Products
PTO – 21.2 11 or more Products
PTO – 23.1 Each additional 5,000 square feet or fraction thereof PTO – 24.2 Additional inspection time during normal business hours per ½ hour.

May 3, 2022 Page 29 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
PTO – 24.3 After hours inspection time per ½ hour.

PTO – 24.4 Overtime & Weekend inspections - three (3) hours minimum.

PTO – 25.1 Commercial Incinerators
PTO – 36 *ASSEMBLY: With stage, 1,000 or more occupant load PTO – 38.1 Additional inspection time during normal business hours @ $125.00 per ½ hour PTO – 38.2 Additional inspection time after normal business hours @ $251.00 per hour PTO – 38.3 Overtime and weekend inspections: Three hour minimum fee - $ 753.00.

PTO – 41.1 5 – 8 repair bays
PTO – 41.2 Greater than 8 repair bays
PTO – 45.3 Additional inspection time during normal business hours @ $125.00 per ½ hour PTO – 45.4 Additional inspection time after normal business hours @ $251.00 per hour PTO – 45.5 Three-hour minimum fee - $753.00
Firework Aerial Display
Permit to use fireworks, pyrotechnics outside.

PTO-54.1 Additional inspection time during normal business hours @ $125.00 per ½ hour Tire Storage & Scrap Tires
PTO – 57 Permit to store tires in excess of 1,000 cubic feet inside buildings (per Ch. 25 – CFC)

GROUP MOTOR VEHICLE INCIDENT
MVI – 1 Provide hazardous materials assessment and scene stabilization. This will be the most common "invoice level " This occurs almost every time a RFD apparatus responds to an accident/incident MVI – 2 Includes MVI 1 services as well as clean up and material used (absorbents) for hazardous fluid clean up and disposal Invoiced at this level if the RFD unit has to clean up any gasoline or other MVI - 3 (Vehicle Fire) Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose tip use foam structure protection and clean up gasoline or other automotive fluids that MVI - 4 Includes MVI 1 & 2 services as well as extrication (heavy rescue tools, ropes, airbags, cribbing etc ) Invoiced at this level when RFD unit has to extricate anyone from the vehicle(s) using any MVI – 5 Includes MVI 1, 2, & 4 services as well as multi RFD unit response

GROUP HAZARDOUS MATERIAL INCIDENT
HZM-1
Basic Response: Invoice will include engine response, first responder assignment, and certified hazmat team and appropriate equipment, perimeter establishment, evacuations, set-up and command.

HZM – 2
Intermediate Response: Invoice will include engine response, first responder assignment, certified hazmat team and appropriate equipment, perimeter establishment, evacuations, setup and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decontamination center.

May 3, 2022 Page 30 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
HZM – 3
Advanced Response: Invoice will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decontamination center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal fees of material and contaminated equipment and material used at scene. Includes 3 hours of on scene time.

HZM–3.1 Each additional hour @$315.00 per hazardous material team.

GROUP PIPELINE INCIDENTS/POWER LINE INCIDENTS not Limited to Gas, Sewer, & Water PLI – 1 Basic Response: Invoice will include engine response and first responder assignment, perimeter establishment, evacuations, first responder set-up and command.

PLI – 2
Intermediate Response: Invoice will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment.

PLI - 3
Advanced Response: Invoice will include engine response, first responder assignment, and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command. May include HAZMAT team, Level A or B suit donning, breathing air and detection equipment. Supervise and/or assist pipeline repair of intermediate to major pipeline damage.

May include set-up and removal of decontamination center, detection, recovery and identification of material. Disposal and environment clean up.

GROUP FIRE INVESTIGATOR RESPONSE
Includes the following: Scene Investigation, Investigation Report, Scene Documentation based on per hour.

INV – 1 The claim begins when the Fire Investigator responds to the incident and is billed for logged time only.

SECTION VI – REIMBURSEMENT FOR FIRE DEPARTMENT RESPONSE

GROUP WATER INCIDENT RESPONSE
WIR - 1
Basic Response: Invoice will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common "billing level." This occurs almost every time RFD Victory responds to a water incident.

WIR – 1.1 *Plus $52.00 per hour, per rescue person (minimum 3 fire personnel) WIR – 2
Intermediate Response: Includes WIR 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal. Invoiced at this level if the RFD has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident.

WIR – 2.1 *Plus $52.00 per hour, per rescue person (minimum 3 fire personnel) May 3, 2022 Page 31 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ
WIR – 3 Advanced Response: Includes WIR 1 and WIR 2 services, including HAZMAT team, set up and removal of decontamination center detection equipment recovery and identification of WIR-3.1 *Plus $52 per hour, per rescue person (minimum 3 fire personnel) WIR-3.2 *Plus $105 per hour, per HAZMAT team member
WIR – 4 RFD reserves the right to invoice for individual event with customized mitigation rates including itemized, per person, at various response levels and for itemized products and equipment used.

FIR – 2 Breathing Support Unit, per hour (includes captain, engineer and firefighter) FIR – 3 Per truck response, per hour (includes captain, engineer and firefighter) NOTES:

General Aerial preplans shall comply with the following requirements:

Please review section RMC 8.16.040 Fire Prevention Code & Section 404 of CFC (California Fire Code) for complete requirements.

Where Required Occupancies:

Exception: Other than Group A occupancy used exclusively for the purpose of religious worship having an occupant load less than 2,000

1. Group B (Business) – Occupant load of 500 or more persons

2. Group E (Educational) – Schools

3. Group F (Factory) – Occupant load of 500 or more persons

4. Group H (High Hazards) – Including any facility in the Contra Costa Health Services Hazardous Material Program

5. Group I (Institutional) – Hospitals, nursing homes, Jails, etc…)

6. Group R – 1, Hotels & motels (transient) – 20 or more sleeping units

7. Group R – 2, Apartments, hotels & motels (non-transient), Live/work units

8. Group R – 4, Licensed Care Facilities (referrer to

9. High-rise buildings

10. Group M (mercantile) buildings i.e. Department stores, markets, retail or wholesales stores having an occupant load of 500 or more person

11. Covered malls exceeding 50,000 square feet

12. Open malls exceeding 50,000 square feet

13. Underground buildings

14. Buildings with atrium and having an occupancy in Group A, E or M Aerial pre-plans shall include but not be limited to the following:

1. Knox Box location

2. Fire Alarm Control Panel (FACP)

3. Emergency vehicle access

4. Post Indicator Valve (PIV)

5. OS&Y valve

6. Location of hazardous Materials

7. Sprinkler riser

8. Gas Valve

9. Electrical main valve

10. Fire Department Connection (FDC)

1. Group A (Assembly) - An aerial pre-plan is required for assembly occupancies having an occupant load of 300 or more and larger than 5,000 square feet. If occupancy is attached to commercial complex larger than 10,000 square feet than an aerial preMay 3, 2022 Page 32 of 40

Fire

PREVENTION SERVICES DIVISION
# Description
Current
Fee/Charge Full Cost Subsidy % Suggested Fee Fee Δ

11. Hydrant location

12. Elevator equipment room
Residential Occupancies with 20 or more complexes will have the following:

1. An annual inspection

2. A mid-year review inspection

3. *One (1) fire safety training session (12:00 p.m. – 4: p.m. on a scheduled Saturday) i.e.
a. Fire extinguisher training
b. Smoke alarm & carbon monoxide education
c. Cooking in the home safety
d. E.D.I.T.H. (Exit Drills In The Home) Training
*Appointments for fire safety training session need to be made 30 days in advance.

A floor plan outlining but not limited to the following is required.

1. Number of people expected to attend

2. Number of exits

3. Location of fire extinguishers

4. Location of tables & chairs

5. Location of stage

6. Location of tents
requires separate permit – PTO – 45

7. Location of cooking area(s)

8. Location of any open flames used for cooking or decorating

MITIGATION RATE NOTES
The mitigation rates above are average "billing levels," and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services Notes:

All fees shall be based on a $251.00 hourly rate and rounded up to the next whole dollar.

After Hour Inspection minimum $251.00, minimum three (3) hours – $753.00 Expedite Plan Review minimum $251.00, minimum three (3) hours – $753.00 These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including Any Fire Code Permit(s) issued or other request for use(s) not shown in this schedule will be charged at the hourly rate of $251.00. A one (1) hour minimum fee will apply and additional 15 minute increments (15 minutes - $63.00, 30 minutes -$125.00, p q g g y g hourly rate of $251.00. A four hour minimum fee will apply and additional 15 minute increments (15 minutes - $63.00, 30 minutes -$125.00, 45 minutes - $188.00) thereafter, in addition to the total initial fee.

May 3, 2022 Page 33 of 40

RECREATION
# Description Current Fee/Charge Unit Suggested Fee Fee Δ Fee % Change 1 Cancellation more than 30 days prior to event, all fees and deposit will be refunded less the administrative costs associated with the reservation and event planning. 100% 100% 0.00 0% 2 Cancellation 30 days or less prior to event, no refund of deposit $0.00 $0.00 0.00 0% 3 Richmond Convention Center
4 5 Set up and Break down Fee (Only applies to Aud-Complex, Aud-Main Floor and Bermuda plus Catalina rentals), hourly $205.00 $205.00 0.00 0%
6 Deposit--$3000 minimum (may be higher) $3,081.00 $3,000.00 (81.00) -3% 7 Deposit--Concerts $5000 minimum (may be higher) Fees to be determined $5,135.00 $5,000.00 (135.00) -3% 8 Friday – Sunday, hourly $1,061.00 $1,061.00 0.00 0%
9 Monday – Thursday, hourly $848.00 $848.00 0.00 0%
10 Rental: Memorial Auditorium Main Floor
11 Deposit--$3000 minimum (may be higher) $3,081.00 $3,000.00 (81.00) -3% 12 Friday – Sunday, hourly (Whole Main Floor) $642.00 $642.00 0.00 0% 13 Monday – Thursday, hourly (Whole Main Floor) $514.00 $514.00 0.00 0% 14 Bingo, 8-hour max., daily $2,054.00 $2,054.00 0.00 0% 15 Rental: Bermuda/Catalina
16 Deposit--$500 minimum (may be higher) $514.00 $500.00 (14.00) -3% 17 Friday – Sunday, hourly $313.00 $313.00 0.00 0%
18 Monday – Thursday, hourly $251.00 $251.00 0.00 0%
19 Rental: Terrace Rooms (C/D/E/F/G/H)
20 Deposit--$250 minimum (may be higher) $257.00 $250.00 (7.00) -3% 21 First Room Monday - Thursday Hourly $124.00 $124.00 0.00 0% 22 Additional Terrace Room Monday - Thursday, hourly $52.00 $52.00 0.00 0% 23 First Room Friday - Sunday Hourly $155.00 $155.00 0.00 0% 24 Additional Terrace Room Friday - Sunday, hourly $66.00 $66.00 0.00 0% 25 Rental: Convention Center Lobby
Rental fees includes 3
contracted attendants &
janitorial supplies.

Additional attendants fee
maybe charged as needed
Rental: Convention Center Complex: Includes the Main Floor, Lobby , Bermuda Room and Terrace Rooms (C/D/E/F/G/H). Excludes the Kitchen and Dressing Rooms which may be rented separately.

Rental fees includes 2
contracted attendants &
janitorial supplies.

Rental fees includes 1
contracted attendant &
janitorial supplies.

Rental fees includes 2
contracted attendants &
janitorial supplies.

May 3, 2022 Page 34 of 40

RECREATION
# Description Current Fee/Charge Unit Suggested Fee Fee Δ Fee % Change 26 Deposit--$500 minimum (may be higher) $514.00 $500.00 (14.00) -3% 27 Monday – Thursday, hourly $251.00 $251.00 0.00 0%
28 Friday – Sunday, hourly $313.00 $313.00 0.00 0%
29 Rental: Convention Center Kitchen and Dressing Rooms, Ticket Booth 30 Shared use Monday - Thursday, daily (with event booking) $106.00 $106.00 0.00 0% 31 Shared use Friday - Sunday, daily (with event booking) $132.00 $132.00 0.00 0% 32 Sole use Monday - Thursday, daily (with event booking) $165.00 $165.00 0.00 0% 33 Sole use Friday - Sunday, daily (with event booking) $206.00 $206.00 0.00 0% 34 Sole use Monday - Thursday, flat fee, 6 hours max. (without event booking) $514.00 $514.00 0.00 0% 35 Sole use Friday - Sunday, flat fee, 6 hours max. (without event booking) $642.00 $642.00 0.00 0% 36 Deposit for sole use, without event booking $514.00 $500.00 (14.00) -3% 37 Dressing Room-Band/Chorus Room Monday to Thursday, daily (w/event booking) $65.00 $65.00 0.00 0% 38 Dressing Room--Band/Chorus Room Friday to Sunday, daily (w/event booking) $81.00 $81.00 0.00 0% 39 Individual Dressing Room, upstairs, Monday to Thursday, daily (w/event booking) $34.00 $34.00 0.00 0% 40 Individual Dressing Room, upstairs, Friday to Sunday, daily (w/event booking) $42.00 $42.00 0.00 0% 41 Ticket Booth, Monday to Thursday, daily $52.00 $52.00 0.00 0% 42 Ticket Booth, Friday to Sunday, daily $66.00 $66.00 0.00 0% 43 Community Center Rooms
44 45 Deposit--$500 minimum (may be higher) $514.00 $500.00 (14.00) -3% 46 Social Hall - hourly (RRC) $158.00 $158.00 0.00 0%
47 Deposit--$500 minimum (may be higher) $514.00 $500.00 (14.00) -3% 48 Social Hall - hourly (NEVIN) $139.00 $139.00 0.00 0% 49 Deposit--$500 minimum (may be higher) $514.00 $500.00 (14.00) -3% 50 Social Hall - hourly (PARCHESTER, SHIELDS REID) $119.00 $119.00 0.00 0% 51 52 Deposit--$250 minimum (may be higher) $257.00 $250.00 (7.00) -3% 53 Multi Purpose Room - hourly (BTA, NEVIN, SRCC & PT. RICHMOND) $104.00 $104.00 0.00 0% 54 55 Deposit--$250 minimum (may be higher) $257.00 $250.00 (7.00) -3% Social Hall for 75 to 190 attendees. Rental fees includes 1 contracted attendant & janitorial supplies, available chairs and tables.

Minimum of two (2) hours rental.

Multi Purpose Room- Maximum 50 attendees. Rental fees includes 1 contracted attendant & janitorial supplies, available chairs and tables. Minimum of two (2) hours rental.

Conference Room for 20 to 30 attendees. Rental fees includes 1 contracted attendant & janitorial supplies, available chairs and tables. Minimum of two (2) hours rental.

May 3, 2022 Page 35 of 40

RECREATION
# Description Current Fee/Charge Unit Suggested Fee Fee Δ Fee % Change 56 Conference Room - hourly (NCC,BTA,PCC,PRCC,SRCC) $83.00 $83.00 0.00 0% 57 Field Permits
58 Non League Deposit--$100 minimum (may be higher) $103.00 $100.00 (3.00) -3% 59 League Deposit--$300 minimum (may be higher) $308.00 $300.00 (8.00) -3% 60 Youth Sports, hourly $28.00 $28.00 0.00 0%
61 Adult Sports, hourly (Excluding Adult Baseball) $41.00 $41.00 0.00 0% 62 Adult Baseball, hourly $73.00 $73.00 0.00 0%
63 Tennis Courts
64 Deposit--$100 minimum (may be higher) $103.00 $100.00 (3.00) -3% 65 Tennis Courts, hourly $16.00 $16.00 0.00 0%
66 MLK Artificial Turf Field
67 Non League Deposit--$100 minimum (may be higher) $103.00 $100.00 (3.00) -3% 68 League Deposit--$300 minimum (may be higher) $308.00 $300.00 (8.00) -3% 69 Youth Sports, hourly $41.00 $41.00 0.00 0%
70 Adult Sports, hourly $51.00 $51.00 0.00 0%
71 Track - Youth, hourly $31.00 $31.00 0.00 0%
72 Track - Adult, hourly $41.00 $41.00 0.00 0%
73 Gymnasiums
74 Deposit--$250 minimum (may be higher) $257.00 $500.00 243.00 95% 75 Gymnasium, hourly (BTA, RRC & Sports Events) $152.00 $150.00 (2.00) -1% 76 Deposit--$500 minimum (may be higher) $514.00 $500.00 (14.00) -3% 77 Gymnasium, as Social Hall, hourly (BTA, RRC & Social Events) $259.00 $259.00 0.00 0% 78 Park Reservations
79 Deposit--$100 minimum (may be higher) $103.00 $100.00 (3.00) -3% 80 Groups of 50 or less participants, for general use, hourly (Includes 2 Trash Cans) $31.00 $31.00 0.00 0% 81 Deposit--$150 minimum (may be higher) $154.00 $150.00 (4.00) -3% 82 Groups of 51 to 100 participants, for general or fundraiser/commercial use, hourly (Includes 4 Trash Cans) $63.00 $63.00 0.00 0%
Rental fees includes 1
contracted attendants &
janitorial supplies.

Standard Fees
Reservation of Nicholl,
Country Club Vista,
Marina Bay, Barbara & Jay
Vincent, and Shimada is
limited to the picnic areas,
except by special
arrangement. Permission
Rental fees includes 1
trash can and
Rental fees includes 1
trash can and
May 3, 2022 Page 36 of 40

RECREATION
# Description Current Fee/Charge Unit Suggested Fee Fee Δ Fee % Change 83 Deposit--$150 minimum (may be higher) $154.00 $150.00 (4.00) -3% 84 Groups of 101 to 199 participants, for general or fundraiser/commercial use, hourly (Includes 8 Trash Cans) $83.00 $83.00 0.00 0%
85 Deposit--$150 minimum (may be higher) $154.00 $150.00 (4.00) -3% 86 Groups of 200+ participants, for festivals and/or major celebrations, hourly (Includes 12 Trash Cans) $124.00 $124.00 0.00 0% 87 Civic Center Plaza
88 Deposit--$1000 minimum (may be higher) $1,027.00 $1,000.00 (27.00) -3% 89 Rental fee, hourly $205.00 $205.00 0.00 0%
90 Picnic Areas
91 Deposit--$100 for 50 and under, minimum (may be higher) $103.00 $100.00 (3.00) -3% 92 Deposit--$150 for 51 and over, minimum (may be higher) $154.00 $150.00 (4.00) -3% 93 Nicholl, Country Club Vista, Barbara & Jay Vincent - Picnic Area, hourly ( three (3) hours minimum rental), Includes 2 Trash Cans $39.00 $39.00 0.00 0%
94 Marina Bay Park, Shimada Park - Picnic Table, per day. Park standard fees will apply $27.00 $27.00 0.00 0% 95 Aquatic Fees - Commercial use by special arrangement 96 Deposit--$250 minimum (may be higher) $257.00 $250.00 (7.00) -3% 97 Pool Rental , Monday to Thursday, hourly $154.00 $154.00 0.00 0% 98 Pool Rental , Friday to Sunday, hourly $193.00 $193.00 0.00 0% 99 Pool Lane Rental, Monday to Thursday, hourly $47.00 $47.00 0.00 0% 100 Pool Lane Rental, Friday to Sunday, hourly $60.00 $60.00 0.00 0% 101 RSC Outdoor Picnic Area Only (No Pool), Monday to Thursday, rental only during Recreation Swim Session, maximum of 50 guests, seating for 36 at picnic tables. $92.00 $92.00 0.00 0% 102 RSC Outdoor Picnic Area Only (No Pool), Friday to Sunday, rental only during Recreation Swim Session, maximum of 50 guests, seating for 36 at picnic tables. $116.00 $116.00 0.00 0% 103 RSC Outside Pool plus Picnic Area, Monday to Thursday, hourly -two (2) hours minimum rental $154.00 $154.00 0.00 0% 104 RSC Outside Pool plus Picnic Area, Friday to Sunday, hourly -two (2) hours minimum rental $193.00 $193.00 0.00 0% 105 Rental Extra Fees, All fees are each/ per day unless stated otherwise 0.00 0% 106 Alcohol Sales Permit $132.00 $154.00 22.00 17%
107 Alcohol Service Only $67.00 $67.00 0.00 0%
108 Chairs $1.00 $1.00 0.00 0%
The hourly rental fee
includes pool lifeguards
for up to 25 guests but
additional lifeguards
maybe required due to
risk involved as
determined by the pool
May 3, 2022 Page 37 of 40

RECREATION
# Description Current Fee/Charge Unit Suggested Fee Fee Δ Fee % Change 109 Convention Center Major Events Cleaning Fee, Per Rental $514.00 $550.00 36.00 7% 110 Contracted Attendant Fee ( Per Hour) $31.00 $31.00 0.00 0% 111 Convention Center Holiday Decoration Per Rental $205.00 $205.00 0.00 0% 112 Field Drag & line, Per Request $103.00 $103.00 0.00 0% 113 Field Light (Per Hour) $21.00 $21.00 0.00 0%
114 Field Maintenance Fee - Long Range, Per Rental (10-12 months rentals) $205.00 $205.00 0.00 0% 115 Field Maintenance Fee, Per Use (Monthly Rentals) $21.00 $21.00 0.00 0% 116 Field Soccer Goal Equipment Setup, Per Request $62.00 $20.00 (42.00) -68% 117 Jumper Permit $41.00 $41.00 0.00 0%
118 Kitchen use-Community Center $51.00 $51.00 0.00 0%
119 Kitchen use-Senior Center $106.00 $106.00 0.00 0%
120 Lifeguard, Per Hour $31.00 $31.00 0.00 0%
121 Microphone - Cordless $59.00 $59.00 0.00 0%
122 Piano - Baby Grand $65.00 $65.00 0.00 0%
123 Piano - Grand $126.00 $126.00 0.00 0%
124 Podium with sound $99.00 $99.00 0.00 0%
125 Podium without sound $36.00 $36.00 0.00 0%
126 Projector $51.00 $51.00 0.00 0%
127 Projector Screen $31.00 $31.00 0.00 0%
128 Riser $21.00 $21.00 0.00 0%
129 Scoreboard Equipment $15.00 $15.00 0.00 0%
130 Sound Permit $27.00 $27.00 0.00 0%
131 Tables- Rectangle/ Round $4.00 $4.00 0.00 0%
132 Trash Can $10.00 $10.00 0.00 0%
133 Wet Bar-Fixed $103.00 $103.00 0.00 0%
134 Wet Bar-Portable $51.00 $51.00 0.00 0%
135 Administrative Fees
136 Application Fee - Rentals $31.00 $50.00 19.00 61%
137 Application Short Notice Fee (Application fee must be received 30 days prior to event) $26.00 $50.00 24.00 92% 138 Gross Concessions-Alcohol (Per Assessed Number of Attendee) $1.00 $1.00 0.00 0% 139 Gross Concessions-all sales excluding alcohol (Per Assessed Number of Attendee) $1.00 $1.00 0.00 0% 140 Gross Ticket Sale (Per Assessed Number of Attendee) $1.00 $1.00 0.00 0% 141 Marquee weekly rental $51.00 $51.00 0.00 0%
142 Rental Amendment Fee (any changes on approved contract) $26.00 $26.00 0.00 0% 143 Rental Event Date Change Fee $31.00 $50.00 19.00 61% 144 Film Permits
Fees are waived for
Student Project but
requires an applicable
school letter confirming
project. If filming at the
May 3, 2022 Page 38 of 40

RECREATION
# Description Current Fee/Charge Unit Suggested Fee Fee Δ Fee % Change 145 Still Photography, daily $51.00 $80.00 29.00 57%
146 Music Videos, Industrial, Web Content, daily $103.00 $250.00 147.00 143% 147 Commercial, Corporate, Short Films, Featur, Television, daily $154.00 $1,467.00 1,313.00 853% 148 BOOTHS AND FESTIVALS, EACH/PER DAY
149 Non-profit information/crafts $56.00 $56.00 0.00 0% 150 Non-profit food vendor (includes permit) $243.00 $243.00 0.00 0% 151 Commercial food vendor (includes permit) $359.00 $359.00 0.00 0% 152 Commercial merchandise $113.00 $113.00 0.00 0%
153 SPECIAL EVENT PERMIT FEES, All fees are per rental unless stated otherwise 154 Application Fee $31.00 $50.00 19.00 61%
155 Application Short Notice Fee (Application fee must be received 30 days prior to event) $26.00 $50.00 24.00 92% 156 Alcohol Sales Permit $132.00 $132.00 0.00 0%
157 Alcohol Service Only $67.00 $67.00 0.00 0%
158 Barricades - A Frame $2.00 NA 0.00 0%
159 Barricades - Cone $1.00 NA 0.00 0%
160 Barricades - Crowd Control $10.00 NA 0.00 0%
161 Barricades - Directional Signs $1.00 NA 0.00 0%
162 Barricades - No Parking Signs $1.00 NA 0.00 0%
163 Barricades - Delivery Fees $51.00 $51.00 0.00 0%
164 Jumper Permit $41.00 $50.00 9.00 22%
165 Parade Floats Permit** $75.00 $75.00 0.00
166 Sound Permit $27.00 $27.00 0.00 0%
167 Trash Can, Per Day $10.00 NA 0.00 0%
Add new fees or fee replacements below
168 Road Closure Fee Traffic Impact/Block 0 100.00 100.00 169 Block Party Per Day (8am- 9pm) 0 50.00 50.00
170 Rally/March Fee 0 50.00 50.00
171 Stanchions 0 2.00 2.00
Expressive Demonstrations of First Amendment Rights
172 Application/Processing Fee 0 50.00 50.00
173 Late Appl. Fee/Short Notice (Recv'd under 30 days) 0 50.00 50.00 174 Attendees <250 0 100.00 100.00
175 Attendees 250+ 0 250.00 250.00
178 Film Permits : City Property Locations 0 TBD by site TBD 179 Rental Setup/Late Notice & Change fee 0 $150.00 150.00 Fees removed, replaced, or consolidated
May 3, 2022 Page 39 of 40

RECREATION
# Description Current Fee/Charge Unit Suggested Fee Fee Δ Fee % Change 14 Bingo, 8-hour max., daily 2054.00
165 Parade Floats Permit is a Fire Dept Fee 75.00
May 3, 2022 Page 40 of 40

1 RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND ESTABLISHING A MASTER FEE SCHEDULE FOR THE SERVICES RENDERED BY CITY DEPARTMENTS. THIS

RESOLUTION ESTABLISHES A FEE SCHEDULE WHICH WILL IMPLEMENT COST RECOVERY AND WILL SERVE AS THE BASIS FOR FUTURE FEE ADJUSTMENTS. ________________________________________________________________________ WHEREAS, Section 2.34.040 of the Municipal Code of the City of Richmond provides for the establishment of a Master Fee Schedule for the fees to be charged by the various City departments for City services; and
WHEREAS, the City Council of the City of Richmond desires to enact a Master Fee Schedule which updates the fees assessed by the City departments to reflect the actual cost associated with providing the service, as supported by the analysis prepared by Willdan Financial (incorporated herein by reference); and
WHEREAS, the City Council of the City of Richmond desires to enact a Master Fee Schedule which can be utilized as the basis for the future fee adjustments based on the Employment Cost Index.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that, in accordance with Section 2.34.040 of the Municipal Code of the City of Richmond, there is hereby established a Master Fee Schedule for the City of Richmond.

BE IT FURTHER RESOLVED that the Master Fee Schedule for the City of Richmond which is established by this resolution is attached hereto as Exhibit A and is incorporated herein by this reference.

BE IT FURTHER RESOLVED that all fees set forth in the Master Fee Schedule shall become effective thirty days after the adoption of this resolution, with the exception of A.B. 1600 Developer impact fees which shall become effective sixty days after the adoption of this resolution.

BE IT FURTHER RESOLVED that if any fee set forth in the Master Fee Schedule is for any reason found to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining fees contained in the Master Fee Schedule.

BE IT FURTHER RESOLVED that the City Council hereby declares that it would have adopted each of the fees individually set forth in the Master Fee Schedule irrespective of the unconstitutionality or invalidity of any particular or specified fee. --------------------------

2 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 on May 17, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
____________________________________
City Clerk of the City of Richmond
(SEAL)
Approved:
______________________________
Mayor
Approved as to form:
______________________________
City Attorney

May 17, 2022
Finance Department
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Delmy Cuellar, Acting Director of Finance
Subject: Contract with Van Iwaarden Associates for Actuarial Services
FINANCIAL IMPACT: The contract amount will be funded by the Finance Budget in the total amount of $64,500 with $14,500
allocated in fiscal year 2021-2022 and $50,000 in fiscal year 2022-2023 (Account String: 01175715-400201)

PREVIOUS COUNCIL
ACTION:
06/15/2021 – Approved Original Contract

STATEMENT OF THE
ISSUE:

City staff is seeking approval to amend its contract with Van Iwaarden Associates for actuarial services relating to retiree healthcare plan and pension management.

Services include preparing actuarial valuation reports for the Police and Firemen’s Pension Plan, the General
Pension Plan, the Garfield Pension Plan, and the Other
Post-Employment Benefits (OPEB) plans.

RECOMMENDED ACTION: APPROVE the second amendment to the contract with Van Iwaarden Associates for actuarial services
necessary for retiree healthcare plan and pension fund
management, increasing the contract amount by
$64,500, for a total amount not to exceed $98,500, and
extending the contract term through June 30, 2023 –
Finance Department (Delmy Cuellar 510-620-6740).

AGENDA
REPORT

May 17, 2022
DISCUSSION:

The City of Richmond is required to complete an actuarial valuation report on a biennial basis for the Police and Firemen's Pension Plan, the General Pension Plan, the Garfield Pension Plan, and the two OPEB Plans (City and RPOA).

In the summer of 2020, staff issued a Request for Proposals (RFP) to solicit actuarial firms that best served the public sector pension clients in the State of California.

Proposals were received from Van Iwaarden Associates, Lauterbach & Amen, LLP, Jefferson Solutions, Inc., and Nyhart. These responses were reviewed by a panel made up of City staff from the Finance Department. After reviewing the four responses and comparing them to the requirements identified in the RFP, the panel selected Nyhart and Van Iwaarden Associates as the most responsive. These firms were then invited to participate in the interview process. The same review panel interviewed representatives from the two firms, with questions focusing on the proposed budget, experience working with governmental agencies, and overall history of the firms.

Van Iwaarden Associates was selected based on their overall experience, as well as their specific experience regarding the City’s specific needs.

Upon considering all aspects of the criteria mentioned above, a contract with Van Iwaarden Associates in the amount of $26,000, for the period from July 1, 2021, to June 30, 2022, with two (2) one-year extensions was approved June 15, 2021. The First contract amendment was subsequently made to increase the contract payment limit amount by $8,000.

City staff would like to exercise the option to extend the contract term by one year with Van Iwaarden Associates based on satisfactory performance. The contract term will be extended to June 30, 2023. Van Iwaarden Associates will be providing the City with the required valuation reports for the fiscal year ending June 30, 2022, that comply with the Governmental Accounting Standards Board (GASB) No. 68 and No. 75. Also, Van Iwaarden Associates will be providing the City with supplemental analysis and funding reports related to Pensions and Other Post-Employment Benefits.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Contract Amendment No. 1
Attachment 3 – Contract Amendment No. 2

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.

Finance Delmy Cuellar [email protected] (510) 620-6790 11235 5641 Actuarial Valuation services for closed Pension Plans and Post Retirement Medical program. ✔
1 Northern Consulting Actuaries, Inc. DBA Van Iwaarden Assoc. 100 South 5th Street, Suite 1900 Minneapolis, MN 55402-1010 Mark Schulte (612) 596-5971 [email protected] 40050565 August 10, 2022 ✔ June 15, 2021 July 1, 2021 June 30, 2022 26,000.00
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

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.

Northern Consulting Actuaries, Inc. DBA Van
Iwaarden Assoc.

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F President
President

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
Northern Consulting Actuaries, Inc. DBA Van Iwaarden Assoc. 1 5641 8,000.00 34,000.00
- Prepare FY2021 Pension Tax Override Funding Limitation Exhibit. - Prepare FY2022 Pension Tax Override Funding Limitation Exhibit. - Ad-Hoc consulting services.

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

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

Professional Services
Type 2 – Page 1 of 3
Revised: June 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.

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

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

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

Professional Services
Type 2 – Page 2 of 3
Revised: June 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED 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.

Claims-Made Policies
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

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

Professional Services
Type 2 – Page 3 of 3
Revised: June 2011
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: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/19/2021
License # 0757776
12489
Northern Consulting Actuaries Inc dba Van Iwaarden
Associates
100 South 5th St Suite 1900
Minneapolis, MN 55402
A Professional Liab 7GA7PL0000808-01 10/28/2021 1,000,000 PER CLAIM 3,000,000 City of Richmond, its Officers, Officials, Employees and Volunteers
450 Civic Center Plaza
Richmond, CA 94804
NORTCON-47 MJORDAN1
HUB International Insurance Services (SOW)
6565 Americas Parkway
Suite 720
Albuquerque, NM 87110
Melissa Jordan
[email protected]
Bridgeway Insurance Company
10/28/2022
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

CITY OF RICHMOND
Standard Contract Approval and Execution Routing Slip
Step 1: Staff Preparation
Contractor Name:__________________________ Contract# _______BL#_______Exp. Date:_______ Description of Services ___________________________________________Vendor #___________ Department:_______________________ Project Manager:_________________ Phone:___________ Initial Contract Amount:$_________________________ Term of Contract: ____________________ Total Contract: $ ________________________________
Initial Contract: Amendment: 1 2 3 4 Amendment $__________ Check One Attach

1. Check Emergency Justification (Please Attach)
One Sole Source Approval Signed (Please Attach)
Evidence of Competitive Bidding (Please Attach)

2. Prepare Scope of Work

3. Add Insurance Provisions

4. Obtain Tentative Contractor Approval (Scope of Work, General Conditions, Insurance Provisions)

5. Prepare Contract

6. Secure Legal Opinion

7. Purchasing Division Approval in Munis
City Clerk ensures that contract received City Council approval that took place at the ______________________Council meeting. ____________________City Clerk Signature Delivered Date Return Date
City Attorney ________________ ________________
Mayor ________________ ________________
City Clerk ________________ ________________
City Clerk will return two original documents to Project Manager for the contractor and department and place a copy on the Intranet
Step 2: Council Approval Process (Contracts above $10,000) Step 4: Submit Contractor Signed Documents to City Clerk

Step 3: After City Council Approval, Project Manager Executes Contract by

8. Check
Applicable
boxes
Council Approval
(over $10,000) (Council Meeting Date) _______________
Finance Committee Approval
(over $100,000) (Committee Meeting Date) _______________ This contract is grant funded by ________________________ Obtaining contractor signature on 3 original contracts and attaching Insurance Certificate and additional Insurance Endorsement
Using Agenda Plus System to Place Items on the City Council Agenda for Action Northern Consulting Actuaries DBA Van Iwaarden Asso. 5641 40050565 08/10/2022 Actuarial valuation services for closed Pension Plans and Post Retirement Medical Program. 11235 Finance Delmy Cuellar 510-620-6790 26,000.00 7/1/2021 to 6/30/2022 34,000.00 ✔ 8,000.00 ✔ ✔
✔
✔
✔
✔
✔
✔
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

REQUEST FOR LEGAL OPINION
Print Document - Add Attachments – Deliver to City Attorney’s Office Date:

Department: Initiated by: Phone:

Subject:

Resolution: Ordinance: Contract: RFP/Q: Opinion: Review:

Please indicate the nature of your request and the purpose of the contract or document to be reviewed:
(Items must have completed the review process BEFORE placement on the Agenda) Deadline for opinion? Meeting Agenda (choose one): City Agency Authority Date:

List Attachments:

RESPONSE BY CITY ATTORNEY’S OFFICE

APPROVED SUBJECT TO CHANGES SHOWN REPLY ATTACHED OTHER

1st Review Date: 2nd Review Date:
3rd Review Date:

APPROVED AS TO FORM Attorney’s Signature: Date:
rev. 3-07
James Atencio by CS 02/22/2022 Finance Jerry Gurule (510)620-6591 Contract Amendment #1 for Van Iwaarden Associates
✔
Staff needs to complete a Contract Amendment for Van Iwaarden Associates for additional projects outside of the original scope of work.
✔ 03/10/2022
- Original Contract
- Contract Amendment #1
✔ 03/04/2022
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/19/2021
License # 0757776
12489
Northern Consulting Actuaries Inc dba Van Iwaarden
Associates
100 South 5th St Suite 1900
Minneapolis, MN 55402
A Professional Liab 7GA7PL0000808-01 10/28/2021 1,000,000 PER CLAIM 3,000,000 City of Richmond, its Officers, Officials, Employees and Volunteers
450 Civic Center Plaza
Richmond, CA 94804
NORTCON-47 MJORDAN1
HUB International Insurance Services (SOW)
6565 Americas Parkway
Suite 720
Albuquerque, NM 87110
Melissa Jordan
[email protected]
Bridgeway Insurance Company
10/28/2022
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F








  


  !""!
#$
%
&'$$
 (!
!
$)!$*

+$
,-.!*/0123)2)45520 +%!6"7 +*!*!8/9.!*:5&:4:6 ;< *% &=!>*?--$-.$!'
-*
!<

&:44@ ABCDEFGDHCDBIJKD KLLMNOPDPLLQDKQHLMLDPLQDLORPKRPLPKD ABCRNLLLD ST
UV0123)2)45520 WXXT
Y

/Z
-*
6&:4:: ST
V6:
  W[
 

VZ
-*
6&:4:1 \]^_`abcde_`^fcag_h^icjk_ljg_^jgk_lm_nopqn_lr_kmljglfg_mcr^_lm_m]^_`f^rck^k_badlmcajs_ AtuvDwxDytAzBwIED NQLDAt{tADA|Iu|yDC}~~D ytAzBwIEDA~DMNOLNRK€HLD ‚ƒ„ƒ †‡„ˆ‰†Š‹„Œ„†‚Žƒ†Š† ‘‹‰’“”ƒ“•†–—†˜™š›™œ™† žŸ ¡¢F  D}¡¢F D£¢¤F¥¦¥¡§¡¢¨D ©ª
WS©«ª
¬ ­


T ®¯'" !=!>*°$
!*8 

±²
³
& $

$$.!*!
!
!8-$$
-.´! ! *!-&*-$!
8"*
!""!"*! -!!8
%$
!*8µ'" $
!*
!8&
!
$$%¶!
-
8 ! ?*%%!!·¸!
$8!*
*!

!
$
!
  !$
*¶
**!¹-*!8.
$
º
»­¼W½ª»¾¿W½ ,9(ÀÁ3(,<9,=¸À',Ã<ÀÂ('3=)#Ä,'Å()3,==9<'À3= W»ÆªÆ¬ <**  ª¼S©¿Æ­»Æ¼W­ÇWÈÉ À.

"
-*$
&$!!

-*=!>*%!
µ S©«ª
¬S¿W¼ª¾¼ ÊËÌÍÎÌÍÎÏÐÑÎÒÓÌÔÔÕÎ_Ö×_lj_lraØjm_ck_gØ^Ù_m]^j_lk^`lflm^_kmlm^r^jm_Úcbb_h^_k^jm_`fcaf_ma_m]^_gØ^_glm^s_\]^_`f^rcØrÛkÜ_k]aÚj_h^baÚ__ck_m]^_no_rajm]k__ `f^rcØrÛkÜ_×af_m]^_d]lfldm^fckmcdk_a×_m]^_`abcde_lk_g^kdfch^g_cj_m]ck_Ý^dblflmcajks_ S VÞ0ß6µ44 ¼ 

X

T³àVÞ6µ5á ¼ 

Xà³

¿X
T³àVÞ:µ6ß Æ
S
VÞ0ß5µ7: ½
T



V -=*
$!*+*!
 #-
!3â!*!
!(
% (!
!
$)-
 +*!¶!)!¶! ã!*
#-
!
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

 









!
"
#
$

%


&
'(!


)$%
*$
$
+

,$

-$

./0
/

(!
/
%

1

234567896:;<7;3<5=924>3?@A39
B-0

$)

$
C
"
$

$)
0 !

%
$)
D

$

./0
/


0 0)E/
/
"0

/

/

0
/
$)


$
"
$
./
$
/
(C

F

AGHIJKGL9 LMNOPQ9 AGHIJKGL9GR9SPTHQKOPS9UQPNKTPT9 AKNKJ9GR96LTMQILHPV9 4GWPQIXP9Y:9 ZMK[SKLX9 AKNKJ9GR96LTMQILHPV9 4GWPQIXP9Z:ZMTKLPTT9 ;PQTGLI[9;QGUPQJ\9 2PITGLI[9KLHQPITP9:9 ZMTKLPTT9;PQTGLI[9;QGUPQJ\9 

]
* $)
*$
*$
^]

(C


_1%&1

]`
,
//
!
0 ,
]]
&]]^

&
]
a

b
$

c C"
*$
&

(C


_&&%1

]`
,
//$/d

,
]]]&

234567896e68fAY5678947g3<Yh3968?3ij32k9 4GW9Y:6LR[IJKGL94GWPQIXP96LSPlm9 n- 4GW9Z:4GLTMNPQ9;QKHP96LSPlm9
^F
234567896e?3?@456ZA329 ZY2649?3?@456ZA39 _]
2;346YA9?3?@456ZA32m9 3NU[G\PP9?KToGLPTJ\m9 _
]
3pMKUNPLJ9ZQPIqSGrLm9 _]
sGLP\9ILS92PHMQKJKPTm9 _
]
#$)
""
$
 0


!!


$
!

F
234567896e3i5382678297f947g3<Yh39:A6s6597f9682@<Y8439:3Y4>9?324<6Z3?9;<3s62329 t)

C

0

/"

0!/"
/


$0
0)E/
 E

!!

0!

$

$


)
"0

"
!
00
0)E/
/
$)0



$
/0%

/ 00
/"

$"


u*
0 )" vF
.

C


"0
/$
)
C

0!/"
/


$
0)E/
 E%
$
)
0 u./
""v
/"

$"%


$
$)
$
!

!C
0 /


/
w!
/
$
/

$)
$

C

F
4GWPQIXP9 AKNKJ9GR96LTMQILHP9 -

/$0
x

C
 
*
*
)" 
-0/
xE
"
_]%
c

d!

*E



/
*
*
)" 
(
!0
./
""




$
/E/"
c
"
/
0 
t)$%
c




x

(C


cD

$

0 xC

]`


C"
00
y
!/$
c
d"E/
./
""
+

!
$/$
*C


()


_]%
+

w$
/

0)
*
0$0
x
)


w!/0
+



- $
$
/
_&%
z
00 w!/00
./
""

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

 










!
"
#
$%
$$&
'(


)#%
*#
#
+

,#

-#

./0
/

(
/
%
$1

234567859 :;<;=93>9?@AB67@C59 ,/

"!0

/!
(/#

#
,/

D&%
,/

/!
*

#
0
*
*
)! 
E

-
F
!
G0
/00
0/

 #

H

0
/

#)
0 

I
!0
(I


GG0
/00
0/

 #
J
D&%
E

-
F
!

(/0#
#!
G
!
/
0 H

0
/

#)
0 

I
!0
(I


-G
!
/
0J
D$K%
"!
/
/


L
E
F
/#
(I


./
!!
"#!
 #

*
*
)! 
0/




#0
H

0
/

#
#)0

00
I
!!
(I


GG0
/00
0/

 #
J
DK%
0/

 #

"


00
D&K%
 #
/#
( 
/
M

/!
NI

D&%
0I
#
/


 #


!

0  #



"#)0
H

0
/

#
#)0

00
I
!!
(I


GG0
/00
0/

 #
J
*
*
)! 
*

/0
*
*
)! 
M/
#)
O!
G0
/00
(
!
M0
DK%
P

 

0

/!
N
!0
*
*
)! 
Q
#



%
"#)
L
F
!0%
E!

, #/
,
#





./
!!
RS2T?UV9?WSXTSVR?UVR9UY92UZS[\]S9W:?^?T9UY9?VR_[\V2S9WR2`Sa_:S9 b)

I

0

/!

0 /!
/


#0
0)E/
 E

/

#
#)
!0

!

00

0 0)E/c
:3C7=;3@9 @B<d569 234567859 :;<;=93>9?@AB67@C59 $
-

/#0
N

I
 
"/

00
L

#
DK%
"


00
L

#
D&K%
G

e


*E



/
,/

/!
*

#
0
"/

00
L

#
D&%
"


00
L

#
DK%
"#!
 #

 #



"#)0
H

0
/

#
#)0

00
I
!!
(I


GG0
/00
0/

 #
J
D$%K
*

/0
D$%K

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

 










!
"
#
$%
$$&
'(


)#%
*#
#
+

,#

-#

./0
/

(
/
%
$1

234567389 8:;<=>9 ?3@=>5A=9 27;7693B9C8D:>584=9 E

 

0

/!
F
!0
"/

00
G

#
HI%
"


00
G

#
H&I%

-

/#0
F

J
 
"/

00
G

#
HI%
"


00
G

#
H&I%
K

L


*M



/
,/

/!
*

#
0
"/

00
G

#
H&%
"


00
G

#
HI%
"#!
 #

 #



"#)0
N

0
/

#
#)0

00
J
!!
(J


KK0
/00
0/

 #
O
H$%I
*

/0
H$%I
E

 

0

/!
F
!0
"/

00
G

#
HI%
"


00
G

#
H&I%
PQ?RCST9CUQVRQTPCSTP9SW9?SXQYZ[Q9U2C\CR9SW9CTP]YZT?Q9U^QY9^S2C?_9 `)

J

0

/!

0 /!
/


#0
0)M/
 M


#)
0#
M
M



! 00


#)
/


!0

!

00
0)M/

/
#)0



#
/0
a
?3@=>5A=9 27;7693B9C8D:>584=9  /!/#
 #

G00


./

HI%
 


0)/0#

H&%
G00


./


/!
b#

b /0
&$
,/#)0
-
#

G00
*0#

/!
c#

#

./# #
/
G00


./

H&%
PQ?RCST9CC9U2S?ZRCST9P?dQe]2Q9 234567389 8:;<=>9 2345673893B9f=D4>7<=f9g>=;7D=D9 $ I
*#)
*#
*#
hI
,
//

0 ,
II$&IIh

&$I
i

j
#

K J!
*#
&
,
//#/L

,
III&$

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

 









!
"
#
$
%&
%%'
()!


*$&
+$
$
,

-$

.$

/01
0 
)!
0 &
%2

3456789:77:;<7=>7<76?: 5@ABCDEB: <FGFH:@I:7JKLCDJMB: )N


OP1
011
O



$


#

0

Q%&&
)N


--"

R!011
Q
&
.0

#0
10




$

11
S0$"
$
T
Q&
U
"
.$
O



$

/0
""
0 )N


O 

*
!

"



O



$

)N


"
1
$*

0$

01
0 
V
!N
"
"
0 $*

!!

 

00

!
"W
 
1

$
+
$
0
//
X

O



$

0 $*
)N


,

0"

0 $$

*"
0"10$1W
=EECBEDHB:<FGFHK: <FGFH:@I:7JKLCDJMB: "
$1Y)! $"
#!
$
01
.



$
Q&&
Z0

.



$
T
!

01
1$1

$*1



$
01&
$*
P[+/++#\S+
)#]S.Z
,#S-
1*V0
 V&

0"

0 $*
1

0"
0"10$1
$*
$

!!
&
0 "
0 $*1
1*V0
 V

1 V

1 $*1
11"
11^0$
$
$*
11
0 

$*
1 !

W
_8`a3:=9b:49b8`34a4963: ccd;efgc:a9: _FCB:3DIBHh:3LCMiDCEB: 5aj;klmm: >LKFJBKK@nJBCK:5@ABCDEB:_@CG: 5aj;keedol: =GBJpDH@Ch:4Jp@CKBGBJH:qaFJJBK@HDr: 5aj;kcds: =ppFHF@JDt:7JKLCBp:;8nJBCKu:<BKKBBK:@C:5@JHCDMH@CK:q3MiBpLtBpr: 5aj;kcslol: j@tFMh:4Jp@CKBGBJH: 5aj;kfmdol: vHFtFHh:7JHBCCLwHF@J:;<@KK:@I:7JM@GB: 5aj;kfmkol: bBwBJpBJH:jC@wBCHh:;<@KK:@I:7JM@GB: 5aj;kfmcoe: <@KK:@I:7JM@GB:DJp:4xHCD:4xwBJKB: 5aj;kfmg: a@JBh:DJp:3BMLCFHFBK: 5aj;kflm: 4Gwt@hBB:bFKi@JBKHh: 5aj;kfksol: yFCBp:=LH@:<FDzFtFHh: 5aj;kf{col: =ppFHF@JDt:7JKLCBp:;8nJBCKu:<BKKBBK:@C:5@JHCDMH@CK:q>tDJ|BHr: 5aj;kf{f: }DFABC:@I:6CDJKIBC:@I:`FEiHK:@I:`BM@ABCh:=EDFJKH:8HiBCK:6@:vK: 5aj;kf{{: =ppFHF@JDt:7JKLCBp:;aDJDEBCK:@C:<BKK@CK:@I:jCBGFKBK: 5aj;k{lgol: vJDLHi@CF~Bp:>LKFJBKK:5DCp:vKB: 5aj;k{gg: >DM|;Lw:@I:3BnBC:@C:bCDFJ: _b;smmf: 7JtDJp:aDCFJB:=HHDMiFJE:bBMtDCDHF@JK: _4;dscm: =MHLDt:5DKi:DtLB:4Jp@CKBGBJH: _4;sgggod: j@tFMhi@tpBC:bFKMt@KLCB:9@HFMB:@I:6BCC@CFKG:7JKLCDJMB:5@ABCDEB: 35y4bv<4:8_:=bb76789=<:7964`436q3r: 7JHBCBKH:HhwB€: 8nJBCKu:<BKKBBKu:@C:5@JHCDMH@CK:q3MiBpLt: 4Jp@CKBGBJH:JLGzBC€:5aj;kcds: <@DJ:JLGzBC€: 9=: )/‚T #,
S/)U-#


)
N

)0$

ƒ

S

*0"
).
2' 

_v<<:9=a4b:793v`4b: 9DGBp:7JKLCBp€::#S‚US
)#+[O‚/Z
.)‚[.S/+
P.
].
/\..S
.++#)/.‚+

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

 










!
"
#
$%
$$&
'(


)#%
*#
#
+

,#

-#

./0
/

(
/
%
$1

2)
0 

0 00!


#)
*#
#
+

+


/!
(
0
#

(
/
3 45678984578:;<4=>89?< @


/#
# !
#

#

#
/

!
0#
#
/

#)

/
/
0 
#)


/

0 !#
/!



A
!



#0
/

!
/


B
#)
#)
(
/
C0
-#

0

./
 
#
/%

0 /!!3
./
D
#/00
D)%
#)
*#
#
+

+


/!
(
0
#

(
/

)
0 0!
#)
0 

#

0 /!


#0
0
!/#

/!
*
#


#

A 
/
#/%
.
/
03 0
!/#
*
#


:=789E<7=<4=>89?F=>GE6H<<< +

 )/0
I
!0

#
/


I



/!
0%

0

#




3 

)
/
0
J0#!

#)
K
#

!K%
B)

)



/
#)
0 /#

%



#
I
/
#)
L/B


#

#)
0 

/ 00
#)B
0
/!

#!


0

#
/!0/#%

/!%


/!!
!


#
/03
-/

I


0

##

)!
#
#)
0 /#





0

#
I
/
#)
L/B


#

#)
0 

3 

)
/
0
J0#!

#
#)
K
#

!K
B


0/#
#



0 /

/!!
!


#
/0


0 /
/!0/#
#





3 A

/



/

!!
#
/




0
)

)
/
0
B




!

#

#
!
#3

.%
!
/

#)

0#


%

MI

J
!

/

I

 
 #

#0%

!

/

 I/#0
#
/0!
 #
%

)
I

/

J0#
/0

#


/0
/


I

%

/#

#


*#
#
+


/#3

 
0
N
#)
0 B
#)




3 ?OPQ<ROSTQUVT<UWOPXYZ[< .#
0 
#


#

)0
#)

I



/!


#0
#)
#
#


/!03
D

/!
#)
#



)
0

I




#
J

#

#)
0#

#!


/#

0#



0#
#3
L

/#

0#
0#

#0



I

 


!
/

/#

#0

/!



/#

0#



00%
%



/#

/
I
!

/
0#

#

\

#B
%
./
3 0
/

/
#
/


I
!

#



0#
#3
*#
#
+

!0
/#



/#
#)
#

/

0#

#
B


#)

#

#

0#
#

!


0#
#3
]

)


#0



I

 

#
)

)

03
^B


#0



0

I

 %

0 /

0 #)

/#


I


#0

/!B
#
/

J
/#03
D
/





#

!

I
B



I

0

/!


#0
B
#)



/#

/!
#
/#

0


/

)
/
0


!!
#
/0
#


0#
#3

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F















  !"# $%&'(')#*+,

-

./01
21 
3
456"!( 789

1
23: 
3 ;
/

2;:<




 1 /;/9; 
,/
 ,,

, 

;


1
21 =,

1
2
/

93 3> 2;


 
 ?@

 3






/1

3



1
21>
 A; :23=
B # 'C#&"C$&'#(D#8#* E!"F#(E


G
/1
23


/ ,,

H/


9

I
2J;/: KLMNONPQQNL I R,R I 1 KS

: TQ9TPTR UV12

9-

./;
;
;
/: 
;

V/1
29TPPW XYZ4[\\4]^_4`a4Zbcd4 deefghd4ieei4dj`ehf4iei4e`kelkieid4 m]kleen4 XYop4qm4rYXsZqb]4 gje4XYtYX4Xubour4av[w[4 rYXsZqb]4X[4fghegkdl`e4 xyz{z|}~{€}‚{ƒ{}y„ z†}‡} ˆ‚„„€‰Š‹z„ŠŒ}Ž}‘’“”””} •–—˜™^——4v˜™^—4š™›^œœ˜\˜™ž4 Ÿ!*$%E(" '&¡LMNONPQQNL
¢¢'% $£'D# 'K¤
;2R9TPTT Ÿ!*$%EF'&$!D¡RT/


¥F$&# $!(D# '¡¤
;2R9TPTM ¦§¨©ª«¬­®¯©ª¨°­«±©²¨³­´µ©¶´±©¨´±µ©¶·©¸¹º»¸©¶¼©µ·¶´±¶°±©·­¼¨©¶·©·§¨©ª°¨¼­µ¨µ©¬«®¶·­«´½© ((#*F!*$%EF&'"$"¡
;  ¾
:> 1 /;//;



; 


I
2I /;/
3






= C¿

B¿

 #"'D(8&'D¡JSÀ¾ÁOÀJVSJ-Â@¾JÃ
V¾Â
ÀO-H
Ä
JÅ

ÀOJ
--SV
¾O- Æ;1
2


,

 


9

J@
J
ÀJOVSJ¾SJ-
3
: 39

2

,/

 /




1129

;


 
3
: 33 

 ; ;: A;




;

,

1
2= CÇ

BÈǟÇB
Ç
B

B C
+ÉÊËÌ (*#(D
#&$('!(D$ $!(8 C
+ÉÊÍËÎ5 (*#(D
#&$('!"F '&Ÿ&!F'& EC!&" B'' '*!)¢!&8%7'D*'F#Ï')$ 7*$"$ 8 S

/

 Ð
;
/2112N , 
2;1
2= 


B
¿
Ÿ

(D!&8'"'(  (" '& !£'&#Ï' $"$ !¢$(8&#(%' 'D% $ *'#"!( ((#*F&'"$" C
+ÉÊÍËÎ5


V/1;
I1 
2./ ÑTÒ9PPP ÑÒPP

;  @,

/ 
OÐ
OÐ1
  ÑTÒ9PPP

; 
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

 




 
 


 




!"#

$ %&'()*+(, -))./.01-+,.1%*2(),3041(2%5,+(%%((%5,02,&01/2-&/02%,6%789:;<9:=, >?

$>!">@
ABC@A!
!?!
#AABC DEFGHIJKHI LMDNOPQRH
LMDNOPQRH IPOSTUHVQNUVNUVISH WXHLJYZ[\F]^XH_^E^GH`E[aHMb^bEcHdb^JaJe\cGHfghb[EgiGHLJaYEgZXHUVIjH fgicbkGhHiJYZ[\F]^GkHaE^G[\EcHJKHfghb[EgiGH_G[l\iGhHmKK\iGXHfginXHo\^]H\^hHYG[a\hh\JgnH pq<r7s,1;tu9vw,,xyz?z?{||zx 1}t9:,.~;v9:w,, 

>

A"!!
?! !
!!
?!
! €{{>€x{{ $!@
A$|{‚z€‚ƒ„ 1}t9,-~:,-::v9,0
,-::r†rq~}<,.~;v9:,p9vq~,0v,0v‡}~rˆ}†rq~w, B
#
>$
?
##
‰
##!A‰$@A
B‰!?
A
 |{
 @Š


!x|‹{|z€ƒy{ Œ,%(&/.01,..,34'0,.%,-1,.1%*2(),
%(&/.01,..,3,, +.-Ž.+./,


‰
 
‰   Š



 

‰‘



 

‘

 ’‘ “
”‰’ 

”‰ ’ 
 “
”
‰
 
‰‘ },0~‡qr~‡,0•9v}†rq~, 6Œ=,B

 
–  6—=,

 





 ‘

– 





 

 




– 
u,pvq:;7†˜&qt•<9†9:,0•9v}†rq~, ’B
 ™”


 




 


’ 

z

 

Š ”C —,!
 





 

 



 ’

”‘ 



  

 


   C š,@ 
 
C



 


 

‘ 
 
C!
  ‘




‘
‘

 

 

  ‘
C !

  C
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

 










 
 


 !"


##$%& '()*+,))-.+,/)0-1,/23,4-/5

67 8*),+9-/),5,+082+3,)8,:-;*0<=:;,2),/,29*02/,4(;;<= >?@ABCDCE >?@ABCDCE FGFGCGEHIAJJAJHFCE KLE>MNOPQRSTLEUTVTWEXVPYE?ZTZV[E\ZTMYM]Q[WE^_`ZPV_aWE>MYNV_OLEJHHDE ^_a[ZbW`EaMNOPQRSTWbEYVTWPQV[EMcE^_`ZPV_aWEUWPdQaW`EeccQaWLE^_afLEgQTSEQT`ENWPYQ``QM_fE @VRWEFEMcEFE
hijklm
nopqrstuv,9v9wxxvt
yoqz{|nrqzs +-/8,/+0-+)(;*+320(2/*,)9'212+*.22/9,+2))-0*2,) }ww)~8)),}tww 5*++,2:-;*)5+~~xwv}€ yoq
{z
zzrq||‚hqr|i{rrƒy{k„y
ki{s 0*<-4/*085-+9*)-44*0,/)†-44*0*2;)†,5:;-<,,)†2+91-;(+,,/) x~w0" 0 :#‡ / 02txˆwxv}€uw 
##$%
:%!‰Š‹p‹

 


6
 
Œ
h7
6 

s .$"Ž%

 "Ž$Ž"%

!%‡
$
) 
#

!Ž
$ 
‘
Ž%%


& y‹<
%%!
’ p‹“<
$”
 

$


!%‡
 #

“!

v !#
!
‡”= $"!!##Ž

!%‡
$
) 
#= 2##
!# Ž!"!!#Ž=
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

Actuarial Services RFP
RFP Rating Matrix 9/17/20 Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 TOTAL Nyhart 100 90 100 97 97 484 proposal looks good/ located in San Diego Lautebach & Amen, LLP (CPAs) 85 84 93 97 92 451 experience with municipalities (exclusively); located in illinois, no local references Van Iwaaden Associates 100 90 100 98 99 487 currently use them; team seems very satisfied; would prefer to continue with them / most experience in CA Jefferson Solutions 90 87 88 68 89 422 they cut, copied, pasted our proposal (per wynonna); located in NY; closest local reference is Fresno

1. W. Reed 2. J. Gurule 3. D. Cuellar 4.

W. Perez 5. M. Guillory
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

is, no local references
r to continue with them / most experience in CA
d in NY; closest local reference is Fresno
DocuSign Envelope ID: 52AD79B2-6DD6-41B9-8C48-EC267FD7636F

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.

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.

Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. 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 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.”

3. 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

Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

Professional Services
Type 2 – Page 1 of 3
Revised: June 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.

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

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

Professional Services
Type 2 – Page 2 of 3
Revised: June 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED 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.

Claims-Made Policies

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

Professional Services
Type 2 – Page 3 of 3
Revised: June 2011
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.

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/19/2021
License # 0757776
12489
Northern Consulting Actuaries Inc dba Van Iwaarden
Associates
100 South 5th St Suite 1900
Minneapolis, MN 55402
A Professional Liab 7GA7PL0000808-01 10/28/2021 1,000,000 PER CLAIM 3,000,000 City of Richmond, its Officers, Officials, Employees and Volunteers
450 Civic Center Plaza
Richmond, CA 94804
NORTCON-47 MJORDAN1
HUB International Insurance Services (SOW)
6565 Americas Parkway
Suite 720
Albuquerque, NM 87110
Melissa Jordan
[email protected]
Bridgeway Insurance Company
10/28/2022

May 17, 2022
Finance Department
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Anil Comelo, Interim Deputy City Manager
Delmy Cuellar, Interim Finance Director
Subject: Sole Source Contract with Bartel Associates, LLC to Prepare an Actuarial Report Necessary to Refinance the
2005 Series B Pension Obligation Bonds ("2005 POBs")
FINANCIAL IMPACT: The proposed $30,000 cost will be budgeted accordingly for Fiscal Year 2022-2023 and will be reimbursed from
the refinance of the Pension Obligations Bonds.

PREVIOUS COUNCIL
ACTION:

April 26, 2022 – City Council directed City staff to
refinance the 2005 POBs.

STATEMENT OF THE
ISSUE:

An actuarial analysis regarding the City's pension tax
override is necessary for making disclosures to potential bond investors.

RECOMMENDED ACTION: APPROVE a Sole Source contract with Bartel Associates, LLC., in a not to exceed amount of $30,000, to prepare specialized actuarial analysis necessary to
issue bonds and refinance the 2005 Pension Obligation
Bonds, for a one-year term through May 16, 2023 –
Finance Department (Anil Comelo/Delmy Cuellar 510-
620-6790).

AGENDA
REPORT

May 17, 2022
DISCUSSION:

At the direction of City Council, City staff is proceeding with the exploration of various options including the refinancing of the Pension Obligation Bonds (“2005 POBs”). The 2005 POBs are secured by a combination of the City's pension tax override and General Fund revenues. The actuarial analysis is needed to maximize the amount of pension tax override revenues that can be used to pay debt service on the proposed refinancing.

In 2003, a State appellate court ruled that the City of Huntington Beach could only use its own pension tax override revenues to pay for CalPERS costs related to employee benefits in place prior to July 1, 1978, the date that Proposition 13 went into effect.

Consequently, the annual costs of new employee benefits added after July 1, 1978, cannot be paid for using pension tax override revenues. The City of Huntington Beach chose not to appeal that decision to the State Supreme Court, and the decision has been precedential since then.

In 2005, the City of Richmond retained Bartel Associates, LLC to calculate what percentage of its annual CalPERS costs for the unfunded actuarial liability were for employee benefits in place on or before July 1, 1978. This analysis was necessary so that potential investors in the 2005 POBs would know the maximum share of debt service on those bonds that could be paid from the pension tax override revenues.

Bartel Associates calculated at that time that the percentage of debt service that could come from the pension tax override revenues was approximately 86 percent.

The 2005 study needs to be updated in order to provide the same level of information regarding the proposed refinancing of the 2005 POBs to potential bond investors.

The Bartel Associates scope of services (Attachment I) includes the option for a 10-year projection of the percentage of annual CalPERS costs that can be funded from the City's pension tax override. This is important because if the City's total eligible CalPERS costs drop below the "Huntington Beach percentage", the City would likely need to lower the actual tax levy, reducing overall City revenues. This projection will better enable the City's finance team to structure the proposed 2005 POB refinancing in a way that optimizes availability of future pension tax override revenues.

While there are other actuarial firms experienced in CalPERS matters, Bartel Associates, LLC remains the only firm with direct experience in calculating the percentage of debt service for a pension obligation bond that can be paid from pension tax override revenues under the 2003 Huntington Beach decision. They have done the same analysis for 14 other CalPERS members with pension tax overrides since 2018.

Equally important, bond investors trust the Bartel Associates analysis. Therefore, City staff is recommending City Council approval of the one-year sole source contract with Bartel Associates, LLC.

May 17, 2022
DOCUMENTS ATTACHED:

Attachment 1 – Contract with Bartel Associates, LLC, including letter proposal dated May 2, 2022.

Attachment 2 – Sole Source Justification

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / 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:

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

For the Contract between the City of
Richmond and

EXHIBIT A

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

For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT 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.

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond
Richmond, CA 94804-0046

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

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

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

General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

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

General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

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

General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

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

General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

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

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

For the Contract between the City of
Richmond and

EXHIBIT E

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

For the Contract between the City of
Richmond and

EXHIBIT F

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

411 Borel Avenue, Suite 620  San Mateo, California 94402 main: 650/377-1600  web: www.bartel-associates.com
May 2, 2022
Anil Comelo
Interim Deputy City Manager
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Dear Mr. Comelo:

Bartel Associates would be happy to provide actuarial consulting services regarding the City of Richmond. The City participates in CalPERS, providing
 Miscellaneous employees hired before January 1, 2013 and classic employees hired on or after January 1, 2013 the 2.7%@55 benefit formula, with the PEPRA 2.0%@62 formula for PEPRA members.
 Police Safety employees hired before January 1, 2013 and classic employees hired on or after January 1, 2013 the 3%@50 benefit formula, with the PEPRA 2.7%@57 benefit for PEPRA members.  Fire Safety employees hired before January 1, 2013 and classic employees hired on or after January 1, 2013 the 3%@55 benefit formula, with the PEPRA 2.7%@57 benefit formula for PEPRA members.

We understand the City established a Pension Override Tax (POT) before Proposition 13 which, effective July 1, 1978, limits the benefit level that can be paid from the POT.

Bartel Associates provided the POT calculations for the 2005 Pension Obligation Bond. We believe the POT percentage will be unchanged for the current refinancing of that bond. However, events since that time will have changed the POT percentage for current CalPERS payments and so a new evaluation is needed. The POT can be expected to change every year in the future. In addition, CalPERS or legislative changes could potentially have a significant impact on the POT percentage.

Bartel Associates
Bartel Associates is an actuarial consulting firm based in San Mateo, California. Since 2003, our firm has served California public agencies, assisting with pension, CalPERS, and retiree healthcare benefits. We have performed Pension Override Tax calculations for 14 municipalities since 2018.

Cost Analysis for CalPERS Pension Benefit Improvements Before and After July 1, 1978 The City is interested in quantifying how much of the City’s current CalPERS contribution rates are due to the benefits in effect before and after July 1, 1978. It is important to understand no single method accomplishes this and there’s no single answer. We will use a method that is generally acceptable. Bartel Associates will review CalPERS actuarial information, then clearly explain the methodology in a report.

We will estimate the June 30, 2020 Unfunded Actuarial Accrued Liability (UAAL), plus the FY2021/22 and 2022/23 employer Normal Cost (NC) and total projected contribution for Miscellaneous and Safety plans and allocate them between benefit levels effective before and after July 1, 1978.

Contribution Rate Projection (Optional)
You may be aware of the many CalPERS changes over recent years which are being phased in to the required contribution rates. For the City of Richmond, the effect of these changes could be a pension cost increase in excess of amounts available from the POT. To help the City budget for these costs, we could project CalPERS contribution rates for the next 10 years in detail, and also for the next 30 years. Doing this work in conjunction with the project above would provide information we believe is useful for the City.

Attachment I

Anil Comelo
May 2, 2022

411 Borel Avenue, Suite 620  San Mateo, California 94402 main: 650/377-1600  web: www.bartel-associates.com
City’s Closed Pension Plans
The City also has the following 3 closed pension plans:
 City of Richmond General Pension Fund: A defined benefit pension plan that covers former City employees not covered by CalPERS; all of them have since retired. We understand the current costof-living provisions and $500 per month minimum benefit were amended after July 1, 1978 and, thus, may not be paid from the POT. We further understand there were 19 participants receiving benefits as of the July 1, 2013 valuation and the average age then was 89. Because the small numbers and advanced age of these participants, we believe the cost of the POT evaluation for this plan likely outweighs its benefit. Therefore, we do not recommend including this plan in the study.  City of Richmond Police and Firemen’s Pension Plan: A defined benefit pension plan that covers Police and Fire personnel employed prior to October 1964. We understand the Plan’s provisions were included in the City Charter prior to July 1, 1978 and have not since been changed. Therefore we believe the POT can be used to pay the total cost for this plan.  Garfield Pension Plan: a defined benefit pension plan that was set up for a retired police chief, whose life expectancy in 2013 was 7 years. We understand the City has not used the POT to pay for this plan. We believe no evaluation is needed.

Fee Quotes
Project Fees
 Cost analysis for CalPERS pension benefit improvements after July 1, 1978 and UAAL/NC calculations attributable to Pre-1978 benefit level (Separately for Miscellaneous and Safety), based on June 30, 2020 CalPERS reports, including Zoom meeting with staff
$20,000
 CalPERS plans contribution rate projections (optional) 6,000  POT status confirmation letter documenting our conclusions noted above for each of the 3 City closed pension plans (optional) 1,000 each plan
 In person or Zoom Council presentation (optional) 1,500 Subsequent annual updates:

Project Fees
 Updated Pension Override Tax report based on June 30, 2021 CalPERS reports, including in person Council presentation $15,000  Updated Pension Override Tax report based on June 30, 2022 CalPERS reports, including in person Council presentation 16,000  Updated Pension Override Tax report based on June 30, 2023 CalPERS reports, including in person Council presentation 17,000  We will bill at the following hourly rates (which includes miscellaneous expenses). Hourly rates increase each year with inflation. Most of the work on this project will be done by more senior level staff.

Position 2022 Hourly Rate
Partner & Vice President (Redding) $310
Assistant Vice President (Lin) 280
Associate Actuary 230
Senior Actuarial Analyst 210
Actuarial Analyst 170
Attachment I

Anil Comelo
May 2, 2022

411 Borel Avenue, Suite 620  San Mateo, California 94402 main: 650/377-1600  web: www.bartel-associates.com
 Our fee quote for the CalPERS plans includes preparation of a draft report and a final report with actuarial certification for the cost analysis of CalPERS pension improvements after July 1, 1978 and the UAAL and Normal Cost attributions for pre and post July 1, 1978 benefit levels separately for Miscellaneous and Safety plans.
 Our fee quote for the 3 closed plans includes a letter to confirm and document the current POT status.  Our fee quote includes one meeting with City staff, together with its legal and advisory team and its bond consulting team.
 The fee quote does not include:
• Meeting with CalPERS actuaries. We don’t anticipate this will be necessary, but if we do have questions and must talk with CalPERS, the above fee might increase by 2 hours’ time at our hourly rates.
• More than 1 meeting with the City. Additional meetings and conference calls (such as with staff, bond placement team, or the City Council) will increase the above fee quote by the actual meeting and preparation time, at our hourly rates. The City might establish an additional budget for additional meetings it might ask us to attend.

Data
We will provide a chart showing our understanding of benefits in effect at July 1, 1978, benefits currently in effect, and interim changes from information provided by the City or its representative. We will need confirmation of these benefit changes before we complete the project.

Information Needed
 CalPERS Plans:
• Please send screen shots from MyCalPERS under “Retirement Contract” showing the Benefit Summary, Benefit Levels, and Provision Details for each benefit level of Miscellaneous and Safety for all years. Please see the attached example and be sure all rows of history are included. • We need a complete history of CalPERS valuation report back to 1978. We have some reports already. Please provide the missing reports listed below. (The earlier valuations look substantially different from the current valuations, and some may not be available. Your CalPERS actuary may be able to assist.)
• Please provide all past CalPERS Contract Amendment Cost Analyses (CACA) since 1978. • If requested CalPERS pension information is not available, we will estimate its impact.  City’s closed pension plans:
• Please confirm whether the City is currently paying costs for these plans from the POT. • Most recent actuarial valuation reports
• Previous legal opinion for the POT treatment, if any
 We may need additional information as we proceed.

Valuation Dates Have Already Please Provide
June 30, 2018 through June 30, 2020 X
June 30, 2011 through June 30, 2017 X
June 30, 1996 to June 30, 2010 X
June 30, 1993 through June 30, 1995 X
June 30, 1992 and earlier back to 1978 X
Attachment I

Anil Comelo
May 2, 2022

411 Borel Avenue, Suite 620  San Mateo, California 94402 main: 650/377-1600  web: www.bartel-associates.com
We are prepared to begin this project immediately and can set a meeting date as soon as we receive the above information. We understand timing is important on this project, and will be able to complete it 4 weeks after we receive all requested data. Please contact me at (650) 377-1604 if you have any questions.

Sincerely,
Bianca Lin, FSA
Assistant Vice President and Actuary
c Mary Beth Redding, Bartel Associates, LLC
Brian Whitworth, Hilltop Securities
Mark Northcross, NHA Advisors

\\bartcafs01\bartel_associates\clients\city of richmond\proposals\2022\ba richmondci 22-05-02 calpers pension tax override study fee letter.docx Attachment I

Anil Comelo
May 2, 2022

411 Borel Avenue, Suite 620  San Mateo, California 94402 main: 650/377-1600  web: www.bartel-associates.com
Attachment I

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

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

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

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

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

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

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

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

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

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

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

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

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

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

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

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

May 17, 2022
Human Resources
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Anil Comelo, Interim Deputy City Manager
Subject: Amendments to the City’s Position Control List FINANCIAL IMPACT: The annual fiscal impact for salary and benefits is $21,225.00 for the Deputy City Clerk. Existing funds
cover the salary, wages, and associated compensation in the City Clerk budget. The position is expected to be
filled May 2022. (City Clerk Salary Line Item – 400002)

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City Council’s approval is required to amend the
City's authorized staffing (i.e., position control list) and appropriate funds for wages, salaries, and associated
compensation.

RECOMMENDED ACTION: ADOPT a resolution to amend the current position control to add Deputy City Clerk; and APPROVE the reallocation
of City Clerk Technician to Deputy City Clerk and
appropriation of funds for associated wages, salaries,
and associated compensation for this position – Human
Resources Department (Anil Comelo/Sharrone Taylor
510-620-6602).

AGENDA
REPORT

May 17, 2022
DISCUSSION:

City Council approval is required to amend position control and to appropriate funds for associated wages, salaries, and compensation. The Human Resources department is requesting the amendment of the position control list and reallocation of a position on behalf of the City Clerk department. The City Manager supports this action.

City Clerk Department – Deputy City Clerk
The City Clerk requested the Human Resources department reclassify the current City Clerk Technician because the incumbent is working out of class. On April 27, 2022, Human Resources staff conducted a desk audit on the incumbent, and it was determined the incumbent has been performing significantly increased duties and responsibilities that are typically associated with the Deputy City Clerk job description for at least one year. Those current duties include:
 Collaborates with City personnel regarding programming work for software, machine requirements, and system-related matters.
 In collaboration with the city clerk, creates draft and final Council agendas  Organizes agenda materials for filing.
 Maintains the City Clerk's record-filing system.
 Attends City Council meetings and announces speakers in English and Spanish during virtual meetings.
 Maintains records related to financial claims against the City and makes the distribution of documents to appropriate parties.
 Serves as a Passport processing agent.
 Assists the City Clerk in the conduct of municipal elections.  Maintains records for the follow-up on agreements and leases.  Provides a variety of general office and administrative support for the City Clerk.  Assists the general public over the phone and at the counter.  Relieves the City Clerk of a variety of complex administrative and technical details.
 Lead in the research and implementation of new public records request software.  Lead for records request administration.
 Continuously coordinates with current system consultants and contract personnel to improve our Escribe agenda management system.
 Trains users of our Escribe system.

Reclassifying the current City Clerk Technician will ensure the incumbent is receiving equitable pay and will ensure that the critical job duties the incumbent is currently performing will continue.

May 17, 2022
FISCAL IMPACT:

There will be no negative fiscal impact in the current fiscal year because funding is currently available in the City Clerk’s budget. Below is a table that delineates the salary and benefits cost for this reallocation:

REALLOCATION COST ANALYSIS
Current City Clerk Technician – Step 5 $4,823.00
Proposed Deputy City Clerk – Step 1 $6,238.00
MONTHLY SALARY AND 25% BENEFITS FISCAL
IMPACT $1,768.75
ANNUAL SALARY AND 25% BENEFITS FISCAL
IMPACT $21,225.00
FISCAL IMPACT FOR TWO MONTHS (MAY-JUNE) $3,537.50
SUMMARY:

The position change and the amendment to position control, which is to become effective May 17, 2022, is as follows:

Classification Reallocations
Current New
City Clerk Technician Deputy City Clerk
NEXT STEPS:

City staff recommends approving the amendment of the City’s authorized staffing (i.e., position control) to add Deputy City Clerk and appropriation of associated compensation and benefits.

The incumbent currently in the City Clerk Technician role will be reclassified and placed at a step that will grant an increase of at least 5% per the Personnel Rules, Rule V, Recruitment, Selection, and Appointment, Section 4.8 Promotion Procedure for Reclassified Positions.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution amending current Position Control list

RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.

NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective May 17, 2022, the City’s position control is hereby revised as follows:

Department Prior Classification New Classification Unit City Clerk City Clerk Technician Deputy City Clerk SEIU Local 1021 – General Employees -----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney

May 17, 2022
Human Resources
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Anil Comelo, Interim Deputy City Manager
Subject: Approve Legal Services Agreements with Three Firms to Perform Confidential Personnel Investigations
FINANCIAL IMPACT: The cost of these services is considered a part of the program administration costs and accounted for in the FY 2021-2022 Risk Management budget. The services are
provided on an hourly rate so the actual amount could be less. (Risk Management Legal Service Cost– NonGeneral Fund 50182316-400206).

PREVIOUS COUNCIL
ACTION:

January 11, 2022 – First Amendment to Ellis
Investigations, L.C. legal services agreement

STATEMENT OF THE
ISSUE:

The Human Resources Department is requesting City
Council approval to amend the term and payment limit of the legal services agreement with Kramer Workplace
Investigations and Ellis Investigations, and to approve a legal services agreement with Boucher Labor and
Employment Law for employment attorneys to conduct
confidential personnel investigations on an as needed
basis for an amount not to exceed of $50,000 per
agreement, over a three-year term.

AGENDA
REPORT

May 17, 2022
RECOMMENDED ACTION: APPROVE a first amendment to the legal services agreement with Kramer Workplace Investigations and a
second amendment to the legal services agreement with
Ellis Investigations and an initial legal services
agreement with Boucher Labor and Employment Law.

Terms of these agreements are until June 30, 2024, for
an amount not to exceed $50,000 per agreement, to
conduct confidential personnel investigations for the
Human Resources Department – Human Resources
Department (Anil Comelo/Sharrone Taylor 510-620-
6600). This item was continued from the May 3,
2022, meeting.

DISCUSSION:

The City must address complaints of discrimination, harassment, and retaliation by conducting an immediate, thorough, and objective personnel investigation. The City also investigates other workplace issues when appropriate. Investigations can be conducted internally or externally depending on the circumstances and the alleged parties.

When an external personnel investigation is needed, the City engages a firm to conduct such an investigation. Kramer Workplace Investigations, Boucher Labor and Employment Law, and Ellis Investigations all have highly skilled employment law attorneys who conduct personnel investigations. These firms specialize in workplace investigations involving allegations of discrimination, harassment, and retaliation, as well as misconduct and disciplinary matters. They have previously conducted investigatory services for the City and performed in a satisfactory manner. Further, continuing the working relationship with Kramer Workplace Investigations, Boucher Labor and Employment Law, and Ellis Investigations will ensure current, critical investigations will continue and provide stability and uniformity in the investigations process.

Kramer Workplace Investigations was engaged to conduct a critical investigation, and therefore a $10,000 legal service agreement was executed on March 3, 2022. In addition, the City entered into an initial legal services agreement with Ellis Investigations on October 22, 2021, for $10,000 and an amendment on January 22, 2022, to amend the payment limit by $90,0000, for a total contract limit of $100,000, to enable the firm to continue providing investigatory services for the City.

The Human Resources Department is now requesting approval to amend Kramer Workplace Investigations legal services agreement to extend the term to June 30, 2025, and increase the contract by $40,000 for a not-to-exceed limit of $50,000, amend Ellis Investigations legal services agreement for a second amendment to extend the term to June 30, 2025, and increase the contract by $50,000, for a not-to-exceed limit of $150,000, and execute a new legal services agreement with Boucher Labor and

May 17, 2022
Employment Law for a three-year term beginning April 5, 2022 through June 30, 2025, and a not-to-exceed payment limit of $50,000.

These firms responded to the Request for Proposals (RFP) sent out by the City Attorney's Office in 2018 and 2021 and are on the approved vendor list. In addition, the City Attorney has issued a legal opinion on the firms' engagement and supports this action.

CONCLUSION:

The Human Resources Department recommends approval of the legal services agreements with Kramer Workplace Investigations, Boucher Labor and Employment Law, and Ellis Investigations for the purpose of conducting confidential personnel investigations.

DOCUMENTS ATTACHED:

Attachment 1 – Legal Services Agreement – Kramer Workplace Investigations Attachment 2 – First Amendment Legal Services Agreement – Kramer Workplace Investigations
Attachment 3 – Legal Services Agreement – Boucher Labor and Employment Law Attachment 4 – Legal Services Agreement – Ellis Investigations Attachment 5 – First Amendment Legal Services Agreement – Ellis Investigations Attachment 6 – Second Amendment to Legal Services Agreement – Ellis Investigations

1 LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

KRAMER WORKPLACE INVESTIGATIONS

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 9TH day of DECEMBER, 2021 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and KRAMER WORKPLACE INVESTIGATIONS comprised of attorneys who conduct personnel investigations (“Investigators” or “Special Counsel”) with its principal place of business located at P.O. BOX 266, DANVILLE, CA 94526.. Investigators may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and, B. Kramer Workplace Investigations represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

City hereby retains and authorizes Kramer Workplace Investigations to provide investigatory legal services as may be requested, from time to time in writing by the City Attorney on an as-needed basis.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Kramer Workplace Investigations are to commence upon DECEMBER 9, 2021 and shall terminate on DECEMBER 31, 2022, unless the parties extend the DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

2 Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than KAREN KRAMER. It is agreed by and between the Parties that should it be desirable for any attorney other than the attorneys listed above to work under this Agreement, such attorney may be added only with the express written consent of the City Attorney.

5. PUBLIC FUNDING.

Investigators and City mutually recognize that Investigator’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Investigators scrupulously adhere to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost-effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Kramer Workplace Investigations’ performance of legal services on behalf of City under the terms of this Agreement, the firm shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

Kramer Workplace Investigations shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. BILLING.

Kramer Workplace Investigations shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Kramer Workplace Investigations shall not use legal professionals for secretarial work and under no circumstances shall Investigators DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

3 have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by an assistant or secretary.

9. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Kramer Workplace Investigations may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of attorneys under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Kramer Workplace Investigations agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

10. CONFLICTS OF INTEREST.

No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

11. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Kramer Workplace Investigations bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

12. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement.

Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Kramer Workplace Investigations shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Kramer Workplace Investigations shall maintain and preserve all such DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

4 records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, Kramer Workplace Investigations shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

13. NON-DISCRIMINATION.

A. Karen Kramer Workplace Investigations agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor. Said Section

2.28.030 is, by this reference, a part of this Agreement.

B. If Kramer Workplace Investigations is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement.

Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

14. INDEMNIFICATION.

Special Counsel agrees to indemnify the City against all damages caused by Special Counsel’s intentional or negligent acts, errors or omissions (including, without limitation, professional negligence) in the performance of professional services. City agrees to indemnify the Special Counsel against all damages caused by the City’s intentional or negligent acts. Neither the Special Counsel nor the City shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence.

Notwithstanding the foregoing, Special Counsel shall have no obligation to indemnify the City for any actions, claims, complaints, damages or demands, liability, costs, losses and expenses, actual or threatened, brought by an employee, agent or witness arising from the issues under investigation.

15. INSURANCE REQUIREMENTS.

Kramer Workplace Investigations shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

5 C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit D, attached to this Agreement and incorporated by this reference.

16. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Kramer Workplace Investigations in connection with matters upon which the City has retained Kramer Workplace Investigations shall not be shown or distributed to any other public or private person or entity except as authorized in writing by the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Kramer Workplace Investigations or other such information, documents, records, data or other materials to which the Kramer Workplace Investigations has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Kramer Workplace Investigations shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

17. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

18. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

19. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

6 20. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

21. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

22. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Kramer Workplace Investigations agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). The firm must submit the Sanctuary City Compliance Statement included herein as Exhibit C along with the bid or proposal prior to execution of the contract.

23. COUNTERPARTS.

This Legal Services Agreement may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

7 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

KRAMER WORKPLACE

INVESTIGATIONS
By:

Title: _______________________________
Date: _______________________________

CITY OF RICHMOND
____________________________
City Manager
Name:______________________
Date: _______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC President
DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70 Shasa Curl
3/3/2022

Exhibit A
8 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall provide gender-based harassment advice. See attached engagement letter.

City of Richmond Contact Attorney: Bruce Soublet, Sr. Assistant City Attorney Hourly Rates:

INVESTIGATION $345/hour
TETIMONY $445/hour
PARALEGAL(S) $150/hour

COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Ten Thousand Dollars ($10,000).

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit B
9 BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation. Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit B
10 II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified.
c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing. f. Only those attorneys approved by the City may bill on the case. g. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
h. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
i. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past.

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit B
11 j. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
k. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
l. Training time is not billable. Law clerks may be used only with prior approval. m. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
n. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
o. City reserves the right to require additional substantiation of any item of claimed expense.

III.REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • Facsimile charges at the rate of $0.25 per page;
• Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
• Actual cost of long distance telephone calls;
• Transcription and reporter's fees; and
• Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services.

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit B
12 e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges.
h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities.

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit C
13 SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of Kramer Workplace Investigations (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _______ day of _____________, 202__, at ____________________, California.

Printed Name: ___ Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC Kramer Workplace Investigations
Karen Kramer
Danville
2/18/2022
President
2/18/2022
DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit D
14 City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit D
15 City of Richmond - Insurance Requirements - Type 2:

Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
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: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

Exhibit D
16 City of Richmond - Insurance Requirements - Type 2:

Professional Services
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 claimsmade 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 Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until 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: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

DocuSign Envelope ID: 0085BD89-A611-4647-8908-569D7C081FAC DocuSign Envelope ID: 02409A85-C3B0-48EC-8B42-99E164FBCD70

First Amendment to Agreement for Legal Services
A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

KRAMER WORKPLACE INVESTIGATIONS
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and KRAMER WORKPLACE INVESTIGATIONS (“Special Counsel”) (the "Second Amendment") is entered into as of APRIL 5, 2022, by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) to conduct confidential, personnel investigations; and WHEREAS, the City now desires for Special Counsel to continue to conduct such investigations for the City and to increase the compensation limit by Fifty Thousand Dollars ($50,000); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.

2. Effect of Second Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument. [Signatures on following page]

First Amendment to Agreement for Legal Services
A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written below.

CITY OF RICHMOND KRAMER WORKPLACE

INVESTIGATIONS
________________________ By __________________________
Mayor
Title _________________________
________________________
Date _____________________________
Date
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney

First Amendment to Agreement for Legal Services
A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall conduct confidential personnel investigations.

City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney Schedule of Fees & Charges:

Hourly Rates
INVESTIGATION $345/hour
TESTIMONY $445/hour
PARALEGAL(S) $150/hour
Compensation:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of SixtyThousand Dollars ($60,000) for attorneys’ fees and reimbursements.

1 LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

BOUCHER LAW, PC

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 5th day of APRIL, 2022 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and BOUCHER LAW, PC comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 2081 Center Street, Berkeley, CA 94704. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and, B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement.

2 2. DESCRIPTION OF SERVICES TO BE PROVIDED.
[See “Scope of Work” in Exhibit A] .

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on APRIL 4, 2025, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than CHRISTOPHER BOUCHER. It is agreed by and between the Parties that should it be desirable for any attorney other than CHRISTOPHER BOUCHER to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.

Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.

Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

3 Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time.

Please also attach any referenced filings to your status report.