Richmond City Council
May 17, 2022

MEETING(S) - (Meetings are virtual)

RICHMOND HOUSING AUTHORITY

RICHMOND CITY COUNCIL

Tuesday, May 17, 2022, 4:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Thomas K. Butt, Mayor
Demnlus Johnson III, Councilmember at Large
NathanielBates, Councilmember at Large
Claudia Jimenez, Councilmember District 6
Eduardo Martinez, Vice Mayor at Large
Melvin Willis, Councilmember District 1
Gayle McLaughlin, Councilmember District 5
Jaycine Scott, Housing Authority Tenant Commissioner
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.

How to watch the meeting from home:

1. KCRT – Comcast Channel 28 or AT&T Uverse Channel 99

2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted.

Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number]. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.

Via Zoom by video conference: for Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **

To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate.

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-andforth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
.

C.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• One case
C.2. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957.6) • Title: City Attorney
C.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
C.4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • Three cases:

In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).

C.5. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Jaclyn Gross and Anil Comelo
Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units

2. 3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________

F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.

G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY CONSENT CALENDAR
K.1. Continued Use of Teleconferencing 13
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

K.2. Housing Authority Meeting Minutes 17
APPROVE the minutes of the special April 19, 2022, Richmond Housing Authority meeting - City Clerk's Office (Pamela Christian 510-620-6513).

L. ADJOURNMENT
_______________________________________________________

M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

N. ROLL CALL
O. STATEMENT OF CONFLICT OF INTEREST
P. AGENDA REVIEW
Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) S. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum) • CONTINUED to the June 21, 2022, City Council Meeting.

T. OPEN FORUM FOR PUBLIC COMMENT
U. CITY COUNCIL CONSENT CALENDAR
U.1. City Attorney's Office
U.1.a. Approval of Six Legal Services Agreement Amendments and One New Legal Services Agreement
19 APPROVE six amendments to legal service agreements and one legal services agreement with the law firms of (1) Allen, Glaessner, Hazelwood & Werth LLP; (2) Best, Best & Krieger; (3) Colantuono, Highsmith & Whatley, PC; (4) Edrington, Shirmer & Murphy (5) Manning & Kass, Ellrod, Ramirez Trester LLP, (6) McNamara Ney, and (7) Orbach Huff Suarez & Henderson LLP for a total amount of $760,000, and REQUEST a budget appropriation from the General Fund in the amount of $125,000 to the City Attorney’s Office – City Attorney’s Office (Heather McLaughlin 510-620-6509).

U.1.b. Amendment to the Interim City Attorney Agreement with Aleshire & Wynder
353
APPROVE amendment to the Interim City Attorney Agreement with Aleshire & Wynder and APPROPRIATE $376,000 from the General Fund – City Attorney’s Office (Heather McLaughlin 510-620-6509).

U.2. City Clerk's Office
U.2.a. NetFile, Inc. Third Contract Amendment for Electronic Filing Services 383 APPROVE a third contract amendment with NetFile, Inc. to provide professional services for electronic filing and administration of Fair Political Practice Commission campaign statements (Form 460, etc.) and Statements of Economic Interest (Form 700), extending the term by five years to June 30, 2027, and increasing the contract amount by $65,000 effective July 1, 2022, for a total contract amount not to exceed $138,750 – City Clerk’s Office (Pamela Christian 510-620- 6513).

U.2.b. Continued Use of Teleconferencing 437
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

U.2.c. City Council Meeting Minutes 441
APPROVE the minutes of the regular April 19, 2022, Richmond City Council meeting - City Clerk's Office (Pamela Christian 510-620- 6513).

U.3. City Council
U.3.a. Commemorative Kiosk of Willie Mays 452
APPROVE the renaming of Baseball Field 1 to the Willie Mays Baseball Field 1; and APPROVE the installation of a freestanding kiosk honoring Willie Mays at Nicholl Park – Councilmember Nathaniel Bates (510-620-6743).

U.3.b. Jewish American Heritage Month Recognition 464
PROCLAMATION recognizing the month of May as Jewish American Heritage Month - Vice Mayor Eduardo Martinez (510-620-6593) and Mayor Tom Butt (510-620-6503).

U.4. City Manager's Office
U.4.a. Resolution of Intention to Renew the Downtown Richmond Property and Business Improvement District
467
ADOPT a resolution of intention confirming the City Council's intention to renew the Downtown Richmond Property and Business Improvement District – City Manager's Office (Shasa Curl/Thomas Omolo 510-620-6512).

U.5. Finance Department
U.5.a. Tax Rate for Tax Override Pension Fund 562
INTRODUCE an Ordinance (first reading) setting the tax rate for the Tax Override Pension Fund for Fiscal Year 2022-2023 at 0.14 percent – Finance Department (Delmy Cuellar/ Antonio Banuelos 510-620-6741).

U.5.b. Approval of New Fees for the Revised Master Fee Schedule 566 ADOPT an ordinance (second reading) establishing certain fees for the proposed Master Fee Schedule and after the second reading of the ordinance, ADOPT a resolution setting the dollar amount for the new fees and adjusting the dollar amount for current fees – Finance Department (Delmy Cuellar/Antonio Banuelos 510-620- 6741).

U.5.c. Contract with Van Iwaarden Associates for Actuarial Services 619 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).

U.5.d. Sole Source Contract with Bartel Associates, LLC to Prepare an Actuarial Report Necessary to Refinance the 2005 Series B Pension Obligation Bonds ("2005 POBs")
887
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).

U.6. Human Resources
U.6.a. Amendments to the City’s Position Control List 921 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).

U.6.b. Approve Legal Services Agreements with Three Firms to Perform Confidential Personnel Investigations
926
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.

U.7. Information Technology
U.7.a. Pole License Agreement for Small Cell Sites on City Infrastructure 997 ADOPT a resolution approving a Pole License Agreement with New Cingular Wireless PCS, LLC, that establishes the procedures, terms, and conditions under which New Cingular Wireless is permitted to deploy “small cell” facilities on City-owned streetlights, traffic signals, and other vertical infrastructure, for a term of ten years – Information Technology Department (Sue Hartman 510-620-6874). This item was continued from the May 3, 2022, meeting.

U.8. Mayor's Office
U.8.a. Public Works Week – May 15-21, 2022 1177
PROCLAMATION declaring May 15-21, 2022, as Public Works Week in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620- 6503).

U.9. Police Department
U.9.a. Proposed Three-Year, $60,000 Contract with STAND! for Families Free of Violence to Provide Lethality Assessment Protocol (LAP) Screening Services
1180
APPROVE a three-year, $60,000 contract with STAND! For Families Free of Violence, to provide Lethality Assessment Protocol (LAP) Screening services, for the period January 1, 2021, through December 31, 2023 – Police Department (Louie Tirona 510-621- 1802).

U.10. Public Works
U.10.a. Shimada Park Restrooms Roof Reconstruction 1237 APPROVE a contract with DMR Builders for the Shimada Park Restrooms roof reconstruction at Shimada Park Richmond Marina, in an amount not to exceed $225,000 – Public Works Department (Joe Leach 510-620-5478).

V. NEW BUSINESS
V.1. Update on the Contra Costa County Animal and Sheltering Services 1260 RECEIVE a report from the Animal Rights Coalition on the animal and sheltering services by the Contra Costa County Animal Services Department – Councilmember Nathaniel Bates (510-620-6743). This item was continued from the April 26, 2022, meeting.

V.2. Process to clean up the City 1264
RECEIVE a report and provide direction to staff for a process and procedure to clean up and maintain the cleanliness of the city - Councilmember Nathaniel Bates (510-620-6743). This item was continued from the April 26, 2022, meeting.

V.3. Private Landowner Encroachments 1266
RECEIVE a report from the City Attorney regarding the legality of staff awarding and transferring city property without approval from the City Council - Councilmember Nathaniel Bates (510-620-6743).

V.4. The Segal Group Inc., Classification and Compensation Study 1268 DIRECT the city manager to release the Class and Compensation Study to the City Council – Mayor’s Office (Mayor Tom Butt 510-620-6503).

V.5. Reintroduce an Ordinance (First Reading) to Revise and Amend Richmond Municipal Code Chapter 12.30
1349
REINTRODUCE an Ordinance (first reading) amending RMC Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) by incorporating Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”); adding provisions that address private landowner encroachments into the public Right-of-Way (ROW); easements; and street vacations; retitling Chapter 12.30 “Encroachments and Easements,” and rescinding Chapter 12.29 in its entirety - City Attorney’s Office/Public Works Department (Dave Aleshire 510-620-6509/Joe Leach 510-620-3008).

V.6. Point Molate DDA Closing Issues with Winehaven Legacy, LLC. 1517 REVIEW the latest submittals from SunCal and provide direction – City Attorney’s Office (Dave Aleshire 510-620-6509).

W. PUBLIC HEARINGS
W.1. Quarry Residential Project Redesign 1542
HOLD a public hearing; and ADOPT a Resolution certifying the Addendum to the Quarry Residential Project Environmental Impact Report (EIR) and adopting a Mitigation Monitoring and Reporting Program (MMRP) and approving a Major Amendment to a previously approved Planned Area Plan; a Density Bonus for the purpose of requesting waivers of certain development standards; a Vesting Tentative Map; and Design Review for the Quarry Residential Project Redesign, subject to conditions of approval – Community Development Department (Lina Velasco/Roberta Feliciano 510-620-6662).

X. BUDGET SESSION
X.1. Budget Presentation 1691
RECEIVE budget presentations from the City Manager and the Community Development and Community Services Departments – City Manager’s Office/Finance Department (Shasa Curl 620-6512/ Delmy Cuellar 510-620- 6790/ Mubeen Qader 510-412-2077).

Y. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Z. ADJOURNMENT
________________________

May 17, 2022
City Clerk's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Pamela Christian, City Clerk
Subject: Continued Use of Teleconferencing
FINANCIAL IMPACT: There will be no fiscal impact associated with this action.

PREVIOUS COUNCIL
ACTION:

December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022

STATEMENT OF THE
ISSUE:

In order for the Board of Commissioners of the Richmond Housing Authority to continue conducting virtual meetings and comply with the provisions of the Brown Act, it is
necessary for the Board of Commissioners of the
Richmond Housing Authority to make findings verifying
the need for the continuation of virtual meetings.

RECOMMENDED ACTION: ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of
Commissioners of the Richmond Housing Authority
pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

AGENDA
REPORT

May 17, 2022
DISCUSSION:

Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021. On September 16, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.

Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.

These include:
 There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
 During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees.  In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.

As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution requires that all meetings of the Board of Commissioners of the Richmond Housing Authority will be held using teleconferencing technology. The Board of Commissioners of the Richmond Housing Authority will continue to update the findings every 30 days, in compliance with AB 361.

DOCUMENTS ATTACHED:

Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361

Reso. No.

RESOLUTION NO.

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS

REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS

OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, Assembly Bill (AB) 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.

WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021, that “strongly recommend” online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any in-person meetings, including six feet of spacing between all in attendance; and WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Board of Commissioners of the Richmond Housing Authority finds as follows:

1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVID-19 pandemic. At this meeting the Board of Commissioners of the Richmond Housing Authority has considered the circumstances of the state of emergency; and

2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and

3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:

Reso. No.

BE IT FURTHER RESOLVED THAT That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and
BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.
**************************
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on May 17, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

[SEAL]
Attest:

Secretary
Approved as to form:

Interim City Attorney

RHA19Apr2022 – ud/prc

RICHMOND, CALIFORNIA, April 19, 2022
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
The special meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:36 p.m. by Chair Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Commissioners Nathaniel Bates, Claudia Jimenez, Gayle McLaughlin, Melvin Willis, Demnlus Johnson III, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent: None.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item K.2. was removed from the Consent Calendar for discussion.

K. HOUSING AUTHORITY CONSENT CALENDAR
A motion by Vice Chair Martinez, seconded by Commissioner Johnson III, approved the Consent Calendar by the unanimous of the Housing Authority Board of Commissioners.

K.1 Housing Authority Meeting Minutes
APPROVE the minutes of the special February 15 and March 15, 2022, Richmond Housing Authority meetings – City Clerk’s Office (Pamela Christian 510-620-6513).

K.2 Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

RHA19Apr2022 – ud/prc

Leisa Johnson gave comments via teleconference.

Adopted Resolution No. 2159.

Motion by Commissioner Nathaniel Bates
Seconded by Commissioner Claudia Jimenez
Ayes (8): Commissioner Nathaniel Bates, Commissioner Claudia Jimenez, Commissioner Demnlus Johnson III, Commissioner Gayle McLaughlin, Commissioner Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K.

Butt, and Tenant Commissioner Jaycine Scott
Passed (8 to 0)
L. ADJOURNMENT
The meeting adjourned at 6:48 p.m.

May 17, 2022
City Attorney's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Dave Aleshire, Interim City Attorney
Subject: Approval of six Legal Services Agreement amendments and one new legal services agreement with the law firms of (1) Allen, Glaessner, Hazelwood & Werth LLP; (2) Best Best & Krieger; (3) Colantuono, Highsmith & Whatley,
PC; (4) Edrington, Shirmer & Murphy
FINANCIAL IMPACT: Total expenditure for the legal services amendments is not to exceed $760,000. A total of $635,000 will be paid from Risk Management General Liability budget with
account string 50182316-400554, and the remaining
balance will be paid from the City Attorney’s Office
budget with account string of 01151014-400206. The City Attorney’s Office’s is seeking a budget appropriation from the General Fund in the amount of $125,000.

PREVIOUS COUNCIL
ACTION:

Legal Services Agreements and amendments have been
approved as noted in the initial agreements and
amendments. Additionally, six amendments and one new
legal services agreement were available for City Council consideration on December 21, 2021 and January 11,
2022, but were not acted upon.

STATEMENT OF THE
ISSUE:

To ensure the City has appropriate legal representation relating to the general litigation and to municipal advice, the City Attorney’s Office requests approval of the legal services agreements and amendments in a total amount
not to exceed of $760,000.

AGENDA
REPORT

May 17, 2022
RECOMMENDED ACTION: APPROVE six amendments to legal service agreements and one legal services agreement with the law firms of
(1) Allen, Glaessner, Hazelwood & Werth LLP; (2) Best,
Best & Krieger; (3) Colantuono, Highsmith & Whatley,
PC; (4) Edrington, Shirmer & Murphy (5) Manning &
Kass, Ellrod, Ramirez Trester LLP, (6) McNamara Ney,
and (7) Orbach Huff Suarez & Henderson LLP for a total
amount of $760,000, and REQUEST a budget
appropriation from the General Fund in the amount of
$125,000 to the City Attorney’s Office – City Attorney’s Office (Heather McLaughlin 510-620-6509).

DISCUSSION:

A proposed list of law firms requiring contract amendments were brought to the City Council on December 21, 2021, for review and approval. The City Council requested additional information and the item was continued. As such, staff is providing an update and request for budget appropriations and contract amendments. The City Attorney’s Office (CAO) is actively working with the Interim City Attorney, City Manager, Interim Finance Director, and Risk Manager to decrease legal expenditures City-wide. At this juncture, an analysis of Legal Service Agreement (LSA) expenditures is in progress.

Moving forward, all legal services agreements will be managed by the CAO and will brought to the City Council for approval in a timely manner.

All law firms listed in both charts below are on the City Attorney’s Office’s approved Request for Qualifications (RFQ) 2018 and 2021 lists. In addition, these firms have the experience and expertise necessary to provide continuing representation for the City of Richmond in pending dangerous condition, police/tort defense and other municipal law litigation in federal and state trial and appellate courts. This request is made to ensure the City continues to have legal counsel to defend the City and Richmond Housing Authority in ongoing litigation and assist with the development of affordable housing.

City staff members are working in a coordinated, interdepartmental manner to mitigate risks and potential litigation as well as claims against the City. The broader goal of this effort is to decrease expenditures related to legal services, while continuing to provide the City Council with an extremely high level of service to implement their policy direction.

The chart below outlines the law firm, the requested amendment amount, the total contract amount, and an inventory of pending litigation and advice matters that each firm is handling for the City and for RHA. All the amendments listed below also have a term extension through June 30, 2023.

May 17, 2022

LAW FIRM AMOUNT

REQUESTED
TOTAL

CONTRACT
AMOUNT

PENDING

MATTERS

DEPARTMENT

ACCOUNT
STRING
Allen,
Glaessner,
Hazelwood
& Werth LLP
$210,000
*requested
from 12/21
$710,000 Dangerous
Condition
litigation:

Cambruzzi,
Beamer,
Abbas, Oliver,
McCoy,
Phillips, Garcia,
Ponce, Avalos,
Morais, Wu,
Stewart
Risk
Management/
General Liability
with account
string 50182316-
400554
Best, Best &
Krieger
$50,000
*requested
from 12/21
$175,000 Land Use
Litigation:

Sprawldef
Request for
budget
appropriation to
the City
Attorney’s Office
with an account
string of
01151014-
400206
Colantuono,
Highsmith &
Whatley LLP
$75,000
*requested
from 12/21
$400,000 General Litigation
Denham and
general advice
Request for
budget
appropriation to
the City
Attorney’s Office
with an account
string of
01151014-
400206
Edrington,
Schirmer &
Murphy
$100,000
New Legal
Services
Agreement
*requested
12/21
$100,000 General Litigation
representing the
City and RHA
Risk
Management/
General Liability
50182316-
400554
Manning &
Kass, Ellrod,
Ramirez,
Trester LLP
$75,000
*requested
12/21
$120,000 Personal Injury
Litigation:

Gomez
Risk
Management/
General Liability
50182316-
400554

May 17, 2022

LAW FIRM AMOUNT

REQUESTED
TOTAL

CONTRACT
AMOUNT

PENDING

MATTERS

DEPARTMENT

ACCOUNT
STRING
McNamara
Ney
$125,000
*requested
12/21
$420,000 Police Litigation:

Ferreira-Dias,
Hernandez,
Sutherland, and
Montanocordoba
Risk
Management/
General Liability
50182316-
400554
Orbach Huff
Suarez &
Henderson
LLP
$125,000
*requested
12/21
$340,000 General Litigation
Shelton, Reason,
Porter, Gutzalenko
and Wilson
Risk
Management/
General Liability
50182316-
400554
The Interim City Attorney requests that City Council review the time extension for the following contracts. This approval takes place at the staff level and is provided for your information only. All the legal services below have received City Council approval. The City Attorney’s Office is not requesting any additional amendment amount but simply highlighting the contract amendments that are extended for time only through June 30, 2023.

DOCUMENTS ATTACHED:

LAW FIRM TIME EXTENSION PENDING MATTERS
Burke,
Williams &
Sorensen
Seeking time
extension to June 30,
2023.

Provide legal services related to RHA Asset
Repositioning activities as required by the
PHARS Agreement and Action Plan between
RHA, the City of Richmond and HUD.

Colantuono
Highsmith
Whatley
Seeking time
extension to June 30,
2023
PG&E Litigation
Liebert
Cassidy &
Whitmore
Seeking time
extension to June 30,
2023
Employment Litigation
Arriaga, Medina, Padilla et al., Zeidan
Newdorf
Legal
Seeking time
extension to June 30,
2023
General Litigation
East Bay Regional Park District, Solvay, Fraizer
and Agress
Shartsis
Friese
Seeking time
extension to June 30,
2023
Point Molate DDA

May 17, 2022
Attachment 1- Allen Glaessner Hazelwood & Werth LLP
Attachment 2- Best Best & Krieger
Attachment 3- Burke Williams & Sorensen (time extension only) Attachment 4- Colantuono, Highsmith & Whatley
Attachment 5- Colantuono Highsmith & Whatley (time extension only) Attachment 6- Edrington, Schirmer & Murphy
Attachment 7- Liebert Cassidy & Whitmore (time extension only) Attachment 8- Manning & Kass
Attachment 9- McNamara Ney
Attachment 10- Newdorf Legal (time extension only)
Attachment 11- Orbach Huff Henderson
Attachment 12- Shartsis Friese (time extension only)

Second Amendment to Agreement for Legal Services
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

BURKE, WILLIAMS & SORENSEN, LLP
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BURKE, WILLIAMS & SORENSEN, LLP (“Special Counsel”) (the "Second Amendment") is entered into as of MARCH 18, 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”) for representation of the City and City-related entities; and
WHEREAS, the Original Agreement was amended on August 21, 2021 to increase compensation by $290,000; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term of the agreement to June 30, 2023; and WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Second 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 1. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on June 30, 2023, 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.

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

Second Amendment to Agreement for Legal Services
A-2

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written below.

CITY OF RICHMOND BURKE, WILLIAMS & SORENSEN,
LLP
________________________ By __________________________
Mayor
Title _________________________
Date:____________________ Date:_________________________ Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
Interim City Attorney

First Amendment to Agreement for Legal Services A-3

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

Special Counsel shall represent and defend the City of Richmond in existing and future municipal law matters..

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

Hourly Rates

HOLLY WHATLEY $375/HOUR
MICHAEL COLANTUONO $375/HOUR
JON DI CRISTINA $355/HOUR
MATT SLENZ $320/HOUR
NIKHIL DAHMLE $320/HOUR
ALEKS GIRAGOSIAN $285/HOUR
CONOR HARKINS $230/HOUR
EVELYN SCOTT (PARALEGAL) $170/HOUR
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 Four Hundred Thousand Dollars ($400,000) for attorneys' fees.

Third Amendment to Agreement for Legal Services
A-1

THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND
COLANTUONO HIGHSMITH & WHATLEY, P.C.

This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and COLANTUONO HIGHSMITH & WHATLEY, P.C. (“Special Counsel”) (the "Third Amendment") is entered into as of December 1, 2021, 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”) for representation of the City and City-related entities in connection with the arbitration regarding Pacific Gas & Electric’s electrical and natural gas utility franchise agreements with the City; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Fifty Nine Thousand Dollars ($59,000); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Third 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 Third Amendment.

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

3. Counterparts. This Third 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]
DocuSign Envelope ID: 2006B432-3CEB-41A3-838D-64423C99C90E

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

CITY OF RICHMOND
________________________
Mayor

COLANTUONO HIGHSMITH &
WHATLEY, P.C.

By __________________________
Title _President________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
City Attorney
DocuSign Envelope ID: 2006B432-3CEB-41A3-838D-64423C99C90E

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

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

Special Counsel shall represent the City of Richmond in arbitration (including pre and post-arbitration matters) regarding Pacific Gas & Electric’s electrical and natural gas utility franchise agreements with the City.
(City’s Contact Attorney: Bruce Soublet, Sr. Assistant City Attorney) Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $350/hour
SENIOR COUNSEL $315/hour
ASSOCIATE(S) $280/hour
PARALEGAL(S) $160/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 Two Hundred Eighty Four Thousand Dollars ($284,000) for attorneys’ fees and reimbursements.

DocuSign Envelope ID: 2006B432-3CEB-41A3-838D-64423C99C90E

Fourth Amendment to Agreement for Legal Services
A-1

FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND
COLANTUONO HIGHSMITH & WHATLEY, P.C.

This Fourth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and COLANTUONO HIGHSMITH & WHATLEY, P.C. (“Special Counsel”) (the "Fourth Amendment") is entered into as of MARCH 18, 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”) for representation of the City and City-related entities; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term of the agreement to June 30, 2023; and WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Fourth 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. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on June 30, 2023, 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.

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

3. Counterparts. This Fourth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

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

CITY OF RICHMOND COLANTUONO HIGHSMITH &
SORENSEN, P.C.
________________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
Interim City Attorney

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

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

Special Counsel shall represent the City of Richmond in arbitration (including pre and post-arbitration matters) regarding Pacific Gas & Electric’s gas utility franchise agreement with the City.
(City of Richmond Contact Attorney: James Atencio, Sr. Assistant City Attorney) Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $350/hour
SENIOR COUNSEL $315/hour
ASSOCIATE(S) $280/hour
PARALEGAL(S) $160/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 $284,000 for attorneys’ fees and reimbursements.

1 LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

EDRINGTON, SCHIRMER & MURPHY, LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 21st 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 EDRINGTON, SCHIRMER & MURPHY, LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 2300 CONTRA COSTA BOULEVARD, SUITE 450, PLEASANT HILL, CA 94523-3936. 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

2 time to time under the terms and conditions of this Agreement.

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 JUNE 30, 2023, 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 KEITH R. SCHIRMER, TIMOTHY P. MURPHY, JAMES M. MARZAN, CODY L. SAAL, JAMES H. LY, MEGAN M. SYMONDS, AND JORDAN C. MEYER. It is agreed by and between the Parties that should it be desirable for any attorney other than KEITH R. SCHIRMER, TIMOTHY P. MURPHY, JAMES M. MARZAN, CODY L. SAAL, JAMES H. LY, MEGAN M. SYMONDS, AND JORDAN C. MEYER 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.

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

7. BILLING INVOICES.

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

4 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.

12. 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 Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel 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.

13. CONFLICTS OF INTEREST.

A. 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.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel 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.

15. 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

5 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. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such 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, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel 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 Special Counsel 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.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort

6 or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.

Special Counsel 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;
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 G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel 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.

20. 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.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

7 22. 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.

23. 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.

24. 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.

25. 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.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

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

8 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.

EDRINGTON, SCHIRMER & MURPHY,
LLP
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk

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

Special Counsel shall represent the City and the Richmond Housing Authority in municipal law litigation matter(s) and appeal(s) at the direction of the City Attorney.

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

Hourly Rates
KEITH R. SCHIRMER $225/hour
TIMOTHY P. MURPHY $225/hour
JAMES M. MARZAN $225/hour
CODY L. SAAL $210/hour
JAMES H. LY $210/hour
MEGAN M. SYMONDS $210/hour
JORDAN C. MEYER $210/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 One Hundred Thousand Dollars ($100,000) for attorneys’ fees and reimbursements.

Exhibit B
10 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).

Exhibit B
11 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. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. 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.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.

Exhibit B
12 j. 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. k. 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.
l. 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.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. 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.

Exhibit B
13 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. 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.

Exhibit C
14 PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
• Anticipated total costs;
• The primary issues;
• The probability of success; and
• A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
• Pre-commencement (legal and factual research for the complaint or answer); • Pleadings;
• Preliminary motions;
• Initial discovery;
• Factual investigation of merits (interviewing clients, employees and third parties);
• Review and abstract City's documents;
• Expert (non-medical) investigation and reports;
• Medical experts and examinations;
• Legal research on merits;
• More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
• Settlement negotiations;
• Trial preparation; and
• Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.

Exhibit C
15 h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement.

Exhibit D
16 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary.
3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received.

Exhibit D
17 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

Exhibit E
18 LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

Exhibit F
19 SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of (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 , 20 , at _________ , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

Exhibit G
20 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.

Exhibit G
21 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.

Exhibit G
22 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

First Amendment to Agreement for Legal Services
A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

MANNING & KASS, ELLROD, RAMIREZ & TRESTER, LLP
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and MANNING & KASS, ELLROD, RAMIREZ & TRSTER, LLP (“Special Counsel”) (the "Second Amendment") is entered into as of MARCH 18, 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”) for representation of the City and City-related entities; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term of the agreement to June 30, 2023; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City, and to increase the compensation limit by Seventy Five Thousand Dollars ($75,000); 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 1. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on June 30, 2023, 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.

2. Amendment 2. 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.

First Amendment to Agreement for Legal Services
A-2

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

4. 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.

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 MANNING & KASS, ELLROD,

RAMIREZ & TRESTER, LLP
________________________ By __________________________
Mayor
Title _________________________
Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
Interim 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 represent and defend the City of Richmond in pending and future police tort litigation and other matters.
(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney) Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $225/hour
ASSOCIATE(S) $200/hour
PARALEGAL $135/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 One Hundred Twenty Thousand Dollars ($120,000) for attorneys’ fees and reimbursements.

Second Amendment to Agreement for Legal Services
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

ORBACH HUFF & HENDERSON, LLP
This Second Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and ORBACH HUFF & HENDERSON, LLP (“Special Counsel”) (the "Second Amendment") is entered into as of MARCH 18, 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”) for representation of the City and City-related entities; and
WHEREAS, the Original Agreement was amended on November 9, 2021 to increase compensation by $120,000; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City, to increase the compensation limit by One Hundred and Twenty Five Thousand Dollars ($125,000), and to extend the term of the agreement to June 30, 2023; and
WHEREAS, the City and Special Counsel desire to amend the First Agreement pursuant to this Second 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. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on June 30, 2023 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.

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

Second Amendment to Agreement for Legal Services
A-2

3. Counterparts. This Second Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written below.

CITY OF RICHMOND ORBACH HUFF & HENDERSON, LLP
________________________ By __________________________
Mayor
Title _________________________
Date: ___________________ Date: _________________________ Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
Interim City Attorney

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

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

Special Counsel shall represent and defend the City of Richmond in pending and future police tort litigation
(City of Richmond Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney) Schedule of Fees & Charges:

Hourly Rates
PARTNER(S) $295/hour
ASSOCIATE(S) $255/hour
PARALEGAL $135/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 Three Hundred Forty-Five Thousand Dollars ($345,000) for attorneys’ fees and reimbursements.

May 17, 2022
City Attorney's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Heather McLaughlin, Interim Senior Assistant City Attorney
Subject: Amendment to the Interim City Attorney Agreement with Aleshire & Wynder
FINANCIAL IMPACT: Approval of this item will increase the fiscal impact of this agreement by an additional $40,000/month for a monthly
total of $100,000.

Appropriate $160,000 for FY2021-2022 account string:
01151014-400206

PREVIOUS COUNCIL
ACTION:

The original agreement was approved by the City Council on December 21, 2021

STATEMENT OF THE
ISSUE:

This item proposes to amend the agreement with
Aleshire & Wynder to increase the monthly flat rate to
$100,000 per month from $60,000 per month, and to
extend the term of the agreement to September 30,
2022.

RECOMMENDED ACTION: APPROVE amendment to the Interim City Attorney Agreement with Aleshire & Wynder and
APPROPRIATE $376,000 from the General Fund – City
Attorney’s Office (Heather McLaughlin 510-620-6509)
AGENDA
REPORT

May 17, 2022
DISCUSSION:

The existing agreement with the law firm of Aleshire & Wynder for interim City Attorney services was initially contemplated to end on June 30, 2022. Given that the City Council has not, as of the writing of this staff report, reviewed the candidates for City Attorney, it appears that additional time for Aleshire & Wynder should be taken into account. It is proposed that the services be extended through September 30, 2022.

The existing agreement also caps the fees at a maximum of $60,000 per month. This equates to 240 hours using the main billing rate of $250 per hour. This works out to be about 8 hours per day using a 30-day month. The $60,000 cap also includes travel expenses and time. Under the agreement there is a flat rate of $500 plus two hours of attorney time for travel up to Richmond. This reduces the number of attorney work hours. At the time the existing agreement was approved, it was noted that it was unclear whether the $60,000 was sufficient to provide the necessary services. The agreement provided for a review in two months to evaluate this.

MONTH AMOUNT HOURS OVERAGE
December $7,096.50 26.10 0
January $43,588.00 152.60 0
February $61,640.06 208.60 $ 1,640.06
March $95,675.00 232.90 $35,675.00
April $87,999.01
***Estimate****
309.50 0
As a result of this review, it appears that additional funds are needed to provide adequate legal services. The salary and benefit offset from the city attorney position for a 6-month term is approximately $168,000 or $ $28,000/month. An additional appropriation from the general fund, account string 01151014-400206, is needed to pay for the difference between the salary offset and the contract amount. With the proposal to increase the contract amount to $100,000/month commencing with the March bill, the additional appropriation required is $376,000 including $160,000 for FY 2021-2022 and $216,000 for FY 2022-2023.

The primary attorneys will continue to be David J Aleshire, Lona Laymon, Pam Lee, Anthony Taylor, Alison Flowers, Joan Newman, Priscilla George, and Danny Aleshire.

Other attorneys may be assigned from time to time so long as David Aleshire works at least 30 hours per month for the City.

DOCUMENTS ATTACHED:

Attachment 1 – Original Legal Services Agreement
Attachment 2 – First Amendment to the Legal Services Agreement

09999.0009/754466.6 1

LEGAL SERVICES AGREEMENT BY AND BETWEEN

THE CITY OF RICHMOND AND

ALESHIRE & WYNDER, LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 21st 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 Aleshire & Wynder, LLP (“A&W”), comprised of attorneys licensed to practice law in the State of California , with its principal place of business located at, 18881 Von Karman Avenue, Suite 1700, Irvine, CA 92612 and with satellite offices in Alameda, Los Angeles, Fresno, Riverside and San Diego. A&W 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. A&W 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.

C. Interim City Attorney has served as City Attorney of over ten cities over a 40-year career, and founded the firm of A&W in 2003, which has grown to over 50 attorneys in the field of public law whose expertise covers all practice areas necessary to the representation of municipalities.

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

A. On December 21, 2021, the City Council appointed A&W Senior Partner David J.

Aleshire to serve as the City’s Interim City Attorney effective December 23, 2021.

B. City hereby confirms and retains and authorizes A&W to provide transitional attorney services on December 22, 2021 and interim city attorney services beginning on December 23, 2021. Interim City Attorney shall act as City Attorney under the Charter and ordinances of City until such time as the Interim City Attorney appointment may be superseded. Due to vacancies in the office of City Attorney, Interim City Attorney is authorized to employ any number of A&W attorneys on various matters subject to this Agreement, in conformance with this Agreement and subject to the Payment Limitation of this Agreement (see Exhibit A, page A-2).

C. By this Agreement, City is retaining A&W and not individual members of A&W, provided that the City Council in its sole discretion must appoint the individual who serves as Interim City Attorney. A&W’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

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09999.0009/754466.6 2
D. A&W may, under the terms of this agreement, also provide A&W services such as representation of the City in litigation involving the City; provided, however, that such additional services shall be provided only upon the request of the City Council or City Manager, without involvement by the designated Interim City Attorney.

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

3. TERM OF AGREEMENT.

The services of A&W are to commence upon December 22, 2021 and shall terminate on June 30, 2022 or such time as a permanent City Attorney is hired, whichever shall last occur, provided the Agreement may be earlier terminated in accordance with Section 12 hereof. 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 the primary attorneys to be assigned from A&W shall be David J Aleshire, Lona Laymon, Pam Lee, Anthony Taylor, Alison Flowers, Joan Newman, Priscilla George, and Danny Aleshire. It is agreed by and between the Parties that should it be desirable for any other attorney to work under this Agreement, such attorney may only be added with the express oral consent of the Chief Assistant City Attorney or designee.

5. PUBLIC FUNDING.

A&W and City mutually recognize that A&W’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 A&W and City to ensure that A&W scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. A&W 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 A&W’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of A&W’s bill by the Chief Assistant City Attorney or designee, A&W 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 Manager.

Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Manager, except any increases to compensation must be approved by the City Council.

7. BILLING INVOICES.

A&W 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 DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 3
the specific services performed as set forth in this Agreement. A&W 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.

A&W shall provide a project plan and budget for any special project or case assigned to A&W 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, A&W 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 Chief Assistant City Attorney or designee 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.

A&W 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. A&W agrees it will not bill for time, which is not specifically devoted to the task(s). A&W shall not use legal professionals for secretarial work and under no circumstances shall A&W 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.

A&W 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 Manager and Chief Assistant City Attorney or Sr. Assistant 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.

12. TERMINATION.

Either Party may terminate this Agreement without cause by providing written notice to the other. Because of the consequences of A&W terminating this Agreement, A&W shall provide 30 days written notice of termination unless the Rules of Professional Conduct of the State Bar of California dictate otherwise. Any termination by the City shall become effective immediately upon receipt of written notice of termination. A&W may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of A&W under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due A&W for services rendered DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 4
and costs and expenses incurred prior to termination shall remain due and payable. A&W 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.

13. CONFLICTS OF INTEREST.

A. 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. Nothing in this section shall be construed to prohibit the designated Interim City Attorney from performing the Interim City Attorney services or Special Counsel services contemplated by this Agreement unless doing so would violate applicable conflicts of interest laws or the California Rules of Professional Conduct.

B. A&W agrees to secure the informed written consent of the City Manager before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Manager, in her or his sole discretion, objects for any reason. This provision is intended to supersede all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and A&W 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 Council.

15. 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 A&W'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 A&W is properly entitled or for other purposes relating to the Agreement. A&W shall assist the City in responding to any requests from the City’s auditors, and A&W shall not bill the City for any time spent responding to any such audit requests.

B. A&W shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. A&W shall maintain and preserve all such 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, the A&W shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. A&W 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, DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 5
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 A&W 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.

17. INDEPENDENT CONTRACTOR.

A&W shall provide the services to CITY as an independent contractor with control over his offices, hours, support staff and other matters except as provided herein.

A&W, its attorneys and staff are not employees of the City and have no rights to PERS or other benefits that City employees may be entitled to. City acknowledges that A&W is being appointed as City Attorney pursuant to the authority of Government Code Section 36505, and has the authority of that office.

18. INDEMNIFICATION.

A. A&W agrees to indemnify City, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of A&W, its agents, employees, subcontractors, or invitees, provided for herein or arising from the acts or omissions of A&W hereunder, or arising from A&W’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arises from the negligence or willful misconduct of City, its officers, agents or employees.

B. City agrees to indemnify A&W, its officers, employees and agents against and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claims by any person, firm or entity arising out of or in connection with the work, operations or activities of A&W within the course and scope of its employment hereunder, but nothing herein shall require City to indemnify A&W for liability arising from A&W’s own negligence, tortious acts, willful misconduct or legal malpractice.
1) City will promptly provide a defense and pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with such work, operations or activities of City hereunder except as specified above;
2) In the event A&W, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against City for such damages or other claims solely arising out of or in connection with the work operation or activities DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 6
of City hereunder, City agrees to pay to A&W, its officers, agents or employees any and all costs and expenses incurred by attorney, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees to the extent required by Government Code section 825.

19. INSURANCE REQUIREMENTS.

A&W 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;
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 G, attached to this Agreement and incorporated by this reference.

20. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by A&W in connection with matters upon which the City has retained A&W shall not be shown or distributed to any other public or private person or entity except as authorized by the City Manager and in no event prior to having been first disclosed to the City Manager. All information, documents, records, reports, data or other materials furnished by City to A&W or other such information, documents, records, data or other materials to which the A&W has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. A&W 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 Manager. A&W shall not provide any written or oral statements to the media without the prior written authorization of the City Manager.

21. 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.

22. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

A&W will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

23. NOTICES.

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

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09999.0009/754466.6 7
Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

24. 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.

25. 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.

26. LICENSE REQUIREMENTS.

A&W 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.

27. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
[Signatures on the Following Page]

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09999.0009/754466.6 8
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.

Aleshire & Wynder, LLP
By: ________________________________
David J. Aleshire
Equity Partner
City of Richmond
____________________________________
Mayor/City Manager
Name: ____________________________
APPROVED AS TO FORM:

City Attorney
ATTEST:

City Clerk
DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 A-1
Exhibit A

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

With the support of the administrative staff and attorneys of the City Attorney’s Office, A&W shall provide interim city attorney services including attendance at City Council meetings and other City boards and commissions including the Reimagining Public Safety Community Task Force and the Community Police Review Commission and other City bodies as needed and assigned by the City Manager; providing legal advice on City matters to City staff and officials; prepare and review ordinances, resolutions, contracts, and other legal documents pertaining to City affairs; preparation of opinions regarding City matters as requested by appropriate City officials; and general municipal legal advice to all departments of the City.

Interim City Attorney is expected to manage and review the over-all performance of in-house office and take measures to improve system performance. Interim City Attorney shall report to City Council. Interim City Attorney shall also manage performance of outside legal counsel and retain outside legal counsel when necessary to supplement performance of the City Attorney’s office.

A&W and the City acknowledge and agree that availability and continuity of representation is an important component of this Agreement, and that the designated Interim City Attorney shall strive to provide services similar to those of in-house counsel by making the City his or her top priority and will generally be physically present two to three days a week at City offices, or another location when City-related business requires the designated Interim City Attorney’s physical presence at that location. The designated Interim City Attorney will attend Council meetings, commission and committee meetings as requested, and staff meetings as requested, and be available for Council and staff consultation unless on vacation or otherwise unavailable for good cause. The City will be provided reasonable notice of the designated Interim City Attorney’s vacations.

The City has selected the designated Interim City Attorney based upon the individual’s skill and years of experience. Therefore, the designated Interim City Attorney shall personally provide at least 30 hours per week of service with the exception for reasonable vacations; other individuals may provide city attorney services in keeping with the budget.

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09999.0009/754466.6 A-2
Schedule of Fees & Charges:

Services Hourly Rate
Interim City Attorney Services $250 Associate
$265 Partner
Special Services/Litigation $265 Associate
$325 Partner
Risk Management/Code Enforcement (or JPA rate) $250 Associate $265 Partner
Reimbursable
(When Developer or 3rd Party is Paying)
$280 Associate
$350 Partner
Paralegals and Law Clerks $150
Document Clerks $75

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Sixty Thousand Dollars ($60,000) per month for attorneys’ fees and reimbursements (herein the “Payment Limitation”). The monthly not to exceed amount shall be evaluated every two months.

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09999.0009/754466.6 B-1
Exhibit B

BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. A&W will be required to comply with this protocol. If you have questions concerning it, please contact the Chief Assistant 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 Manager. In the interest of fairness, all outside attorneys are 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 A&W conveys the information necessary 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).

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09999.0009/754466.6 B-2
II. BILLING GUIDELINES
a. All tasks set forth in A&W’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 A&W use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified.
c. A&W 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. A&W acknowledges the fiscal constraints on City funding and therefore A&W 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 Council, unless it is an emergency. In that case, the City Manager may authorize additional funds only to the extent needed to bring the matter to a regular City Council meeting. f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney.
h. A&W shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney. i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
j. City has retained A&W for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when A&W has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work A&W has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, A&W shall provide any manuals or policies describing A&W’s billing practices.

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09999.0009/754466.6 B-3
l. The City does not allow “double billing” of any sort. If A&W is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter. This does not apply to necessary supervision of attorneys. m. Training time is not billable. Law clerks may be used only with prior approval. n. Although City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved, City understands that files may be reassigned from prior law firms and time may be spent getting familiar with a file. In general, files will not be reassigned if the matter is in an advanced state and it would not be efficient to do so, unless there is specific City Manager approval. o. If a matter arises that requires A&W to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse A&W for the following expenses, and for no other expenses:
• Actual printing costs;
• Copying costs at $.25 / page (for legal documents and file materials, but not library materials);
• Actual cost of postage (including express mail delivery charges); • 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;
• 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 Manager. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. In recognition that this contract requires the Interim City Attorney’s presence weekly at City Hall, the parties have agreed to travel reimbursement policy which generally does not reimburse all of the Interim City Attorney’s travel time. Accordingly the reimbursement for expenses shall be a fixed fee of $500 plus two hours of travel time per trip. Attorney may bill for travel expenses one way for traveling from Southern California to Richmond.

Attorney may bill for travel time and reasonable expenses only when attending court appearances or meetings at destinations other than the City of Richmond. Otherwise, attorneys may bill for travel time and reasonable expenses only when attending court appearances or meetings at destinations other than the City of Richmond. These travel expenses are included in the not to exceed monthly cap of $60,000.

DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 B-4
b. Any expense other than those listed in section “a.” must be approved by the City Manager in writing and in advance in an approved budget. c. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. d. Court filings should be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
e. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs f. 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 A&W’s overhead. For example, time spent faxing, mailing, arranging for messengers and calendaring are not acceptable charges.
g. 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. h. 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. However, billing increments are .1. i. 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: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 C-1
Exhibit C

PROJECT PLAN AND BUDGET
(For litigation or Special Projects)
When necessary, project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
• Anticipated total costs;
• The primary issues;
• The probability of success; and
• A settlement/trial recommendation
project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
• Pre-commencement (legal and factual research for the complaint or answer);
• Pleadings;
• Preliminary motions;
• Initial discovery;
• Factual investigation of merits (interviewing clients, employees and third parties);
• Review and abstract City's documents;
• Expert (non-medical) investigation and reports;
• Medical experts and examinations;
• Legal research on merits;
• More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
• Settlement negotiations;
• Trial preparation; and
• Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision.

DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 C-2
g. A&W shall provide revisions to the project plan or budget at the request of the City Manager.
h. A&W understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement.

DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 D-1
Exhibit D
California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure. 2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 D-2
in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case.
7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hardworking attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 E-1
Exhibit E

LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. A&W shall consult the City Manager regarding the component parts of litigation handled by A&W so that the City Manager, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits. b. The City Manager must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Manager for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Manager and Chief Assistant City Attorney or designee advised of any major developments in the lawsuit. Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Manager will rely upon A&W for guidance on litigation strategy.

Nonetheless, prior approval from the City Manager is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that A&W will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Manager immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Manager follow case development and understand Firm’s strategy.
h. Some types of litigation-related expenses require prior approval by the City Manager or Chief Assistant City Attorney or designee, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed. i. A&W shall not be responsible for any matter without a specific written assignment by the City Manager and where there is reassignment from other counsel of a pending matter, the filing of a change of counsel is required before A&W would be responsible for the matter.

DocuSign Envelope ID: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 F-1
Exhibit F

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of _______________________________(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 , 20 , at , California.

Printed Name: __________________________________ Title: _________________________

Signed:___________________________________ Date: ________________________ Business Entity: __________________________________
Vendor SCCO Compliance Statement (Augt2020)\
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EXHIBIT G
09999.0009/754466.6 G-1
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. 09999.0009/754466.6
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and 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.

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EXHIBIT G
09999.0009/754466.6 G-2
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: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

`
09999.0009/754466.6 G-3
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: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

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09999.0009/754466.6 G-4
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 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 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: 4FFE9F2C-BD20-4E3D-9C96-F643DF8763EE

09999.0009/754466.6 A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

ALESHIRE & WYNDER LLP
This Third Amendment to the Agreement for Legal Services between the CITY OF RICHMOND (“City”) and ALESHIRE & WYNDER, LLP (“Special Counsel”) (the “First Amendment”) is entered into as of MAY 17, 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”) for Interim City Attorney services; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit to $100,000 per month starting in March of 2022; 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. Amendment 2. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:

3. TERM OF AGREEMENT.

The services of A&W are to commence upon December 22, 2021 and shall terminate on September 30, 2022 or such time as a permanent City Attorney is hired, whichever shall first occur, provided the Agreement may be earlier terminated in accordance with Section 12 hereof. 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.

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

4. 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.

IN WITNESS WHEREOF, the City and Special Counsel have caused this Third Amendment to be effective as of the last date written below.

09999.0009/754466.6 A-2

CITY OF RICHMOND ALESHIRE & WYNDER LLP
By ________________________ By __________________________ Mayor Dave Aleshire, Partner
Date:____________________ Date:_________________________ Attest:

By: _____________________
City Clerk
Approved as to form:

By: _____________________
Interim Sr. Assistant City Attorney

09999.0009/754466.6 A-3
Attachment 1

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

With the support of the administrative staff and attorneys of the City Attorney’s Office, A&W shall provide interim city attorney services including attendance at City Council meetings and other City boards and commissions including the Reimagining Public Safety Community Task Force and the Community Police Review Commission and other City bodies as needed and assigned by the City Manager; providing legal advice on City matters to City staff and officials; prepare and review ordinances, resolutions, contracts, and other legal documents pertaining to City affairs; preparation of opinions regarding City matters as requested by appropriate City officials; and general municipal legal advice to all departments of the City.

Interim City Attorney is expected to manage and review the over-all performance of inhouse office and take measures to improve system performance. Interim City Attorney shall report to City Council. Interim City Attorney shall also manage performance of outside legal counsel and retain outside legal counsel when necessary to supplement performance of the City Attorney’s office.

A&W and the City acknowledge and agree that availability and continuity of representation is an important component of this Agreement, and that the designated Interim City Attorney shall strive to provide services similar to those of in-house counsel by making the City his or her top priority and will generally be physically present two to three days a week at City offices, or another location when City-related business requires the designated Interim City Attorney’s physical presence at that location. The designated Interim City Attorney will attend Council meetings, commission and committee meetings as requested, and staff meetings as requested, and be available for Council and staff consultation unless on vacation or otherwise unavailable for good cause. The City will be provided reasonable notice of the designated Interim City Attorney’s vacations.

The City has selected the designated Interim City Attorney based upon the individual’s skill and years of experience. Therefore, the designated Interim City Attorney shall personally provide at least 30 hours per week of service with the exception for reasonable vacations; other individuals may provide city attorney services in keeping with the budget.

1798408v3 Third Amendment to Agreement for Legal Services A-4
Schedule of Fees & Charges:

Services Hourly Rate
Interim City Attorney Services $250 Associate
$265 Partner
Special Services/Litigation $265 Associate
$325 Partner
Risk Management/Code Enforcement (or JPA rate) $250 Associate $265 Partner
Reimbursable
(When Developer or 3
rd Party is Paying)
$280 Associate
$350 Partner
Paralegals and Law Clerks $150
Document Clerks $75

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Sixty Thousand Dollars ($60,000) per month for attorneys’ fees and reimbursements (herein the “Payment Limitation”). Commencing with the bill for March 2022 services, the not to exceed amount shall increase to One Hundred Thousand Dollars ($100,000) per month for attorneys’ fees and reimbursements.

May 17, 2022
City Clerk's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Pamela Christian, City Clerk
SUBJECT: NetFile, Inc. Third Contract Amendment for Electronic Filing Services
FINANCIAL IMPACT: The estimated funds required for the subject contract amendment have been allocated and/or projected in the
City Clerk’s departmental operating budget under
account string number 01141013-400209 for an amount
of $13,000 per year for fiscal years 2022-2023 through
2026-2027.

PREVIOUS COUNCIL
ACTION:

September 15, 2015 and September 19, 2017.

STATEMENT OF THE
ISSUE:

Pursuant to the provisions of the Political Reform Act and Fair Political Practice Commission (FPPC) regulations,
the city clerk is responsible for administering the annual reporting of the Statements of Economic Interest (Form
700) and campaign statements (Form 460, etc.). The
FPPC accepts electronic filing (e-filing) of the Form 700, as well as other campaign statements, i.e, Form 460.

Currently, the City of Richmond’s Form 700 filings and
campaign statements are filed electronically utilizing
services provided by NetFile, Inc. E-filing expedites the processing of all FPPC required forms, reduces paper,
and improves overall administrative efficiency.

AGENDA
REPORT

May 17, 2022
RECOMMENDED ACTION: APPROVE a third contract amendment with NetFile, Inc. to provide professional services for electronic filing and administration of Fair Political Practice Commission
campaign statements (Form 460, etc.) and Statements of
Economic Interest (Form 700), extending the term by five years to June 30, 2027, and increasing the contract
amount by $65,000 effective July 1, 2022, for a total
contract amount not to exceed $138,750 – City Clerk’s
Office (Pamela Christian 510-620-6513).

DISCUSSION:

Form 700 filers are required to file annually and upon assuming and leaving office with the city clerk. Campaign statement filers are required to file quarterly, semi-annually, and annually. The NetFile e-filing system has enabled required filers to paperlessly file their Form 700 and campaign statements electronically and provides a repository of filers and a record of filings. The City Clerk’s Office has the ability to easily track filers, manage filing submittals, run status reporting, and automatically publish statements to a public portal for transparency.

On September 15, 2015, the City Council approved a three-year contract with NetFile, Inc. for Form 700 e-filing and administration services, commencing on October 1, 2015, in the amount of $21,000. The City Council’s approval at that time did not include efiling services for campaign statements.

On September 19, 2017, the City Council approved the first contract amendment with NetFile, Inc. increasing the scope of services to include e-filing and administrative services for campaign statements (Form 460, etc.), extending the term by two years to September 30, 2020, and increasing the contract amount by $35,000 not to exceed $56,000, with the option of two, one-year extensions.

On August 5, 2020, the city manager executed the second amendment (exercising the two, one-year extensions option) extending the term by two years to June 30, 2022, and increasing the contract amount by $17,750 not to exceed $73,750.

NetFile, Inc. is currently used by over 270 other local government agencies in California including Berkeley, Hayward, Livermore, Oakland, Palo Alto, Sacramento, San Francisco, San Jose, and San Leandro.

To continually improve administrative and filing efficiency, City staff is requesting the City Council approve the third contract amendment with NetFile, Inc. for e-filing and administration services for Form 700 and campaign statements. NetFile, Inc. has agreed to discount pricing and a guaranteed rate for up to five years.

May 17, 2022
DOCUMENTS ATTACHED:

Attachment 1 - Proposed Third Contract Amendment
Attachment 2 - Original Contract with First and Second Amendments

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

April 8, 2022
Pamela Christian
City of Richmond City Clerk
450 Civic Center Plaza
Richmond, CA 94804
Dear Pamela:

Here is some background information as well as a proposal for our e-filing and administration systems for both the Campaign Disclosure filings as well as the Form 700 filings.

How NetFile Works
NetFile is a hosted system that provides you with an extremely affordable solution that will enable you to paperlessly electronically file both Campaign Statements and Form 700 filings.

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Who Uses NetFile
NetFile is being used by over 270 local government agencies in CA today. For Cities, NetFile dominates this market space. Over 73% of Cities in CA using a Form 700 e-filing system and over 90% of Cities in CA using a Campaign e-filing system use NetFile. In Northern CA alone, NetFile has 135 agencies including State agencies, Counties, and Boards and Commissions who use our systems as well.

Cost information
NetFile does not charge any costs upfront. No setup fees to worry about. Our ongoing quarterly fee includes everything (unlimited training, support, maintenance). All form changes and system updates are included as well. Don’t be fooled with false economics showing software you own is less expensive. If you buy software and want to compare with our service, you need to add all the hidden costs you have for IT labor, hardware to run the software, bandwidth to host the product online, and all the extra IT time to apply security updates and patches.

The costs for the systems for your city would be as follows:

SEI System: $1,500/quarter*** ongoing for up to 350 filers. This system includes your admin portal (allowing you to automate letters and generate status reports), filer portal (where the filer creates and electronically files their documents), industry exclusive mobile device filer platform, industry exclusive advanced public viewing portal (this automatically shows the redacted filing online without you having to scan or upload documents), and a private viewing portal (we can lock down any number of computers you wish in your office that you can point the public to search unredacted documents). All the interested party has to do is pick the filing they want and if they want a hard copy, click on the print button that would print to one of your printers behind your counter. All staff has to do is charge the per copy document fee! NetFile even pays for your FPPC $1,000 paperless application fee. This fee will cover the City for up to 5 years or NetFile 2707 Aurora Road
Mariposa, CA 95338
Tel (209)742-4100
Fax (209)391-2200

EXHIBIT A

until the FPPC deems there is any major software change. No matter what, NetFile will pay the fee.

Campaign System: $2,500/quarter*** ongoing. This system includes all the same features as the SEI system above.
***Because of our sponsorship of the CCAC, we can offer special pricing. If you take both systems, we can discount the Campaign System down to $1,750/quarter for up to 5 years.

The total for both systems after the discount above is $3,250/quarter ongoing. We can guarantee this rate for up to 5 years.

All of our contracts offer 30 day out clauses for any reason so if you don't want to use it you don't have to. This gives you peace of mind. The good news is we have never had anyone take us up on that.

NetFile’s Included Main Features
- Hosted platform means you don’t need to load any software on your servers or apply any updates or security patches
- Includes your setup, unlimited support, maintenance, and unlimited training - Automated correspondence and generate filing status reports on the fly - Filer portal (where the filer creates and electronically files their documents) - Industry exclusive Form 700 mobile device filer platform - Your 87200 filers can paperless file directly to the FPPC through the NetFile system - Your 87200 filers can create expanded statements to cover their local boards and commissions which is something they cannot do in the old FPPC e-filing system. - NetFile pays for your FPPC $1,000 paperless application fee - Exclusive Campaign Filer App training program that includes free web-based training by NetFile
- Free public viewing portal to display your FPPC 800 series forms you are required to post online
NetFile’s Exclusive Public Viewing Portal Features
NetFile easily gives you the ability to automatically show electronically filed documents. On January 1, 2021 AB 2151 went into effect that requires local government agencies (like Cities and Counties) to post on the internet within 72 hours a copy of any campaign filing made (both paper and electronic). Any electronic filing through NetFile is instantly posted online as soon as it is filed. The same thing goes for Form 700 filings that are electronically filed.

Ethics Training and Sexual Harassment Training Tracking & 800 Series Form Public Site The NetFile Form 700 system also includes the ability to track all your Ethics Training and Sexual Harassment Training filers and their filings. The system also comes with a free public viewing portal to display your FPPC 800 series forms.

Cross Jurisdictional Electronic Filings
NetFile is the ONLY solution that can offer you cross jurisdictional filings to all of our Form 700 agencies. The reason we can do this and others can’t is because ALL of our clients use our hosted solution. Just tell us which filers of your’s file to our other agencies and we can link them at the database level to make their paperless filing easy across all their agencies.

How Long Does it Take to Setup?
No time for you as you are currently setup in both systems.

The NetFile Difference
The County of Santa Clara was our first Campaign agency back in 2003. NetFile made history with our Campaign system having the first ever paperless campaign statement filed on January 22, 2013. The California Political Treasurers Association has endorsed NetFile as the preferred system for local government clients. Attached is a press release about this.

For Form 700 Statements of Economic Interests, NetFile leads the way. Starting the end of 2006 for the County of San Bernardino as well as the City of Anaheim, NetFile beat the competition to the market by 2 years. NetFile has industry exclusive features for the Form 700 system as well like dedicated mobile apps available through GooglePlay for android devices or the Apple App store for iPhones or iPads.

One of the most important advantages with NetFile is all your revenue spent with NetFile stays in the USA. Additionally, the philosophy at NetFile is that we are a Service Company not a Software Company. We feel our most important strength is the support we provide our clients.

This starts at the top and percolates through every level of our organization.

NetFile Social Responsibility Program
City Clerks compromise our largest customer market segment. Several years ago we developed a program geared towards giving back to the community of Clerks. Last year we spent over $50k just on the CCAC! This included providing free Workshops for Cities all over CA. We had 135 clerks attend our 2 workshops in Ontario and 93 attend our 2 workshops in Mountain View in July 2019. In 2020, due to Covid, we provided 6 free web-based workshops free to clerks to help them achieve their CMC or MMC accreditation. In 2021 we provided another 3 free workshops and plan more for this year. Over 1,400 clerks have attended these sessions to advance their education and earn points towards their MMC or CMC accreditation.

If you need any additional information, just let me know.

Best regards,
Tom Diebert
Vice President, NetFile

California Political Treasurer’s Association
1127-11th Street, Suite 210
Sacramento, CA 95814
January 1, 2020
Tom Diebert
Vice President & COO
NetFile, Inc.
2707‐A Aurora Road
Mariposa, CA 95338
Dear Tom:

One of the goals of the California Political Treasurer’s Association (CPTA) is to promote the concept of paperless electronic filing for Campaign Disclosure statements in California at all levels.

As such, we would like to acknowledge NetFile, Inc. and their contributions over the years to the local Agency filing community, specifically County and City Agencies in California.

Our members have worked with several of these Agencies and applaud NetFile’s effortsin making their Agency system work within the confines of Assembly Bill 2452 which allows local governments to electronically file Campaign Statements in California in a true paperless fashion. We know the first ever paperless filing in CA took place on January 22, 2013 through a CPTA treasurer filing to a NetFile Agency system. Since then we have seen NetFile being adopted by several local government Agencies in CA today.

As such, we recommend that all local government Agencies in CA go to a paperless filing system for their Campaign Disclosure filings. From the prospective of the CPTA, we recommend those Agencies use NetFile as their preferred solution.

NetFile’s background in Campaign Disclosure gives them the unique advantage of having expertise nowhere else available for the local government filing community. The fact that NetFile accounts for over 70% of all filings made to the Secretary of State of CA gives them a distinctive advantage in Campaign Disclosure expertise not found anywhere else. All of the treasurers agree that any filings made to local governments that use the NetFile system, makes the process easy and results in the ultimate level of transparency.

We applaud NetFile’s efforts in promoting paperless electronic filing in CA and endorse them as the solution of choice for California local government Agencies.

Sincerely,
Laura Ann Stephen
Vice President, Legislative Affairs

May 17, 2022
City Clerk's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Pamela Christian, City Clerk
Subject: Continued Use of Teleconferencing
FINANCIAL IMPACT: There is no additional financial impact.

PREVIOUS COUNCIL
ACTION:

December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022

STATEMENT OF THE
ISSUE:

In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.

RECOMMENDED ACTION: ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

AGENDA
REPORT

May 17, 2022
DISCUSSION:

Background
Beginning in March of 2020, the Governor issued a series of executive orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.

On September 15, 2021, the governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.

Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.

These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.

As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, and both state and local health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The city will continue to update the findings every 30 days, in compliance with AB 361.

DOCUMENTS ATTACHED:

Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361

Reso. No.

RESOLUTION NO.

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

MAKING FINDINGS REQUIRING THE CONTINUED USE OF

TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361 WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.

WHEREAS, the Health Officer for Contra Costa County published “Recommendations for Safely Holding Public Meetings” on September 20, 2021 that “strongly recommend” online meetings, and that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used for any inperson meetings, including six feet of spacing between all in attendance; and WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Richmond finds as follows:

1. As described above, the State of California, the County of Contra Costa and the City of Richmond remain in a state of emergency due to the COVID-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and

2. As described above State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and

3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:

BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and

Reso. No.

BE IT FURTHER RESOLVED, That all City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and; BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held May 17, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

Interim City Attorney

cc19Ap2022 – ud/prc

RICHMOND, CALIFORNIA,
April 19, 2022, 4:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION Closed Session was called to order at 4:00 p.m.by Mayor Thomas K. Butt via teleconference.

B. ROLL CALL

Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Eduardo Martinez, Gayle McLaughlin, and Mayor Thomas K. Butt. Absent:

Councilmember Melvin Willis arrived after the roll was called.

C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
 Title: City Manager
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  City of Richmond v. Thomas K. Butt
 SPRAWLDEF et al. v. City of Richmond
 The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
 North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
 Randy Oliver v. City of Richmond, et al.

C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  Three cases:

In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).

C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)

cc19Ap2022 – ud/prc

 Agency Representatives: Jaclyn Gross and Anil Comelo
Employee organizations:

1. SEIU Local 1021 Full Time and Part Time Unit

2. IFPTE Local 21 Mid-Level Management and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.5 LIABILITY CLAIMS (Government Code Section 54956.9)
 Winehaven Legacy LLC v. City of Richmond
C.6 CONFERENCE WITH LEGAL COUNSEL - ANTICPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One case - Veolia Mediation
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.

E. ADJOURN TO CLOSED SESSION
________________________________________________________ Open Session adjourned at 4:03 p.m. Closed Session adjourned at 6:32 p.m.

F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The special meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:36 p.m. by Chair Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Commissioners Nathaniel Bates, Claudia Jimenez, Gayle McLaughlin, Melvin Willis, Demnlus Johnson III, Vice Chair Eduardo Martinez, Chair Thomas K. Butt, and Tenant Commissioner Jaycine Scott. Absent: None.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item K.2. was removed from the Consent Calendar for discussion.

K. HOUSING AUTHORITY CONSENT CALENDAR
A motion by Vice Chair Martinez, seconded by Commissioner Johnson III, approved the Consent Calendar by the unanimous of the Housing Authority Board of Commissioners.

K.1 Housing Authority Meeting Minutes

cc19Ap2022 – ud/prc

APPROVE the minutes of the special February 15 and March 15, 2022, Richmond Housing Authority meetings – City Clerk’s Office (Pamela Christian 510-620-6513).

K.2 Continued use of teleconference technology for meetings of the Board of Commissioners of the Richmond Housing Authority
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

Leisa Johnson gave comments via teleconference.

Adopted Resolution No. 2159.

Motion by Commissioner Nathaniel Bates
Seconded by Commissioner Claudia Jimenez
Ayes (8): Commissioner Nathaniel Bates, Commissioner Claudia Jimenez, Commissioner Demnlus Johnson III, Commissioner Gayle McLaughlin, Commissioner Melvin Willis, Vice Chair Eduardo Martinez, Chair Thomas K.

Butt, and Tenant Commissioner Jaycine Scott
Passed (8 to 0)
L. ADJOURNMENT
The meeting adjourned at 6:48 p.m.

M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 6:49 p.m. by Mayor Thomas K. Butt via teleconference.

N. ROLL CALL

Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: None.

O. STATEMENT OF CONFLICT OF INTEREST
None.

P. AGENDA REVIEW
Items U.1.a., U.2.b., U.2.c, and U.8.b. were removed from the Consent Calendar for discussion at the end of the agenda.

Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Interim City Attorney Dave Aleshire stated there were no reportable actions.

R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced several Earth Day events: Street cleanup on Friday, April 23, 2022 between Market Avenue and Chesley Avenue from 3 p.m. to 5 p.m.; The following events would take place on Saturday, April 24, 2022: Street cleanup; Safe Routes to School Paint Day at Verde Elementary School from 9 a.m. to 11 a.m.; Wildcat

cc19Ap2022 – ud/prc

Creek Cleanup at North Richmond Ballpark from 9 a.m. to 11 a.m.; Beautify Unity Park event on the Richmond Greenway on 16th and Ohio Avenue from 9 a.m. to 2 p.m.; Point Molate Beach Park Art Hiking Beach Poetry & more 11 a.m. to 3 p.m. Ms. Curl also announced that the Richmond Main Public Library would be open with expanded hours beginning Monday, April 18, 2022, Mondays through Wednesdays from 10 a.m. to 7 p.m. and Thursdays and Fridays from 10 a.m. to 5 p.m. The Bayview and Westside Branch libraries would add an additional half an hour of service and would be open on Tuesdays and Thursdays from 1 p.m. to 5 p.m. Additional information could be obtained by visiting www.richmondlibrary.org.

S. REPORT FROM THE IMPLEMENTATION SUB-COMMITTEE FOR
REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Deborah Small provided the report, which highlighted the Community Crisis Response Program and Promoting Racial Justice.

T. OPEN FORUM FOR PUBLIC COMMENT
Karla Perez stated that not enough notice was given for the last special meeting of the Task Force and requested to know who and how many people attended the meetings.

Mark Wassberg gave comments against the Task Force activities and recommendations.

Marisol Cantu stated that the last Task Force special meeting was posted in a timely manner and individuals could request text alert notifications.

Tarnel Abbott gave comments regarding racism in our society.

Leisa Johnson requested that Supervisor John Gioia and members of Contra Costa County attend a future council meeting to inform the public regarding Measure X and the Community Crisis Response Team and its responsibilities.

Shawn Dunning stated the 211 system was not available in Richmond and more collaboration should be negotiated with the County.

Councilmember Bates reported on the retirement and celebratory event held over the weekend for Betty Reid Soskin. Councilmember Bates stated that funeral services for Johnny Holmes, cousin of former City Clerk Diane Holmes, would be at 11 a.m. on Thursday, April 21, 2022, at Pilgrim Rest Missionary Baptist Church Councilmember Willis stated that he attended the Nystrom Village Clean-Up event.

Councilmember Willis also stated that Contra Costa County was looking for individuals to join its crisis response team.

U. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Demnlus Johnson III
Seconded by Vice Mayor Eduardo Martinez
Ayes (7): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K.

Butt
Passed (7 to 0)
U.1 City Attorney's Office

cc19Ap2022 – ud/prc

U.1.a Second Reading and Adoption of an Ordinance to Revise and Amend Richmond Municipal Code Chapter 12.30
ADOPT an Ordinance (second reading) amending RMC Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) by incorporating Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”); adding provisions that address private landowner encroachments into the public Right-of-Way (ROW); easements; and street vacations; retitling Chapter 12.30 “Encroachments and Easements,” and rescinding Chapter 12.29 in its entirety - City Attorney’s Office/Public Works Department (Dave Aleshire 510-620-6509/Joe Leach 510-620-3008).

Interim City Attorney Dave Aleshire presented the item. Public Works Director Joe Leach presented a PowerPoint which highlighted the following: Properties directly impacted; 130 East Scenic Drive & 8 Western Drive. Richard Katz, Anna, Sophia Ortiz and Eli B. gave comments via teleconference. More information was requested by the City Council and the item was continued to a future meeting. (11:00 p.m. - A motion was made by Councilmember Jimenez, seconded by Councilmember McLaughlin to suspend the rules and finish all remaining items. The motion failed by the following vote: Ayes:

Councilmembers Jimenez, McLaughlin, and Vice Mayor Martinez. Noes:

Councilmembers Bates, Johnson III, Willis, and Mayor Butt. Absent:

None. Abstain: None.

A motion was made by Councilmember Bates, seconded by
Councilmember Johnson III to extend the meeting until 11:30 p.m. The motion failed by the following vote: Ayes: Councilmembers Bates and Johnson III. Noes: Councilmembers Jimenez, McLaughlin, Willis, Vice Mayor Martinez, and Mayor Butt Absent: None. Abstain: None.

A motion by Councilmember McLaughlin, seconded by Councilmember Martinez to reconsider and go until 11:30 p.m. passed by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, McLaughlin, and Vice Mayor Martinez. Noes: Councilmember Willis and Mayor Butt

Absent: None. Abstain: None).
(11:30 p.m. - A motion by Councilmember Johnson III, seconded by Councilmember McLaughlin to suspend the rules and extend the meeting until the end of the public speakers, passed by the following vote: Ayes:

Councilmembers Bates, Jimenez, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Absent: None. Abstain: None).

U.2 City Clerk's Office
U.2.a City Council Meeting Minutes
APPROVE the minutes of the regular February 15, 22, special February 24, regular March 1 and 15, special March 18, and regular March 22, 2022, Richmond City Council meetings – City Clerk’s Office (Pamela Christian 510-620-6513).

U.2.b Continued use of teleconferencing for the meetings of all City legislative bodies

cc19Ap2022 – ud/prc

ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620- 6513).

Leisa Johnson gave comments via teleconference. Discussion ensued.

Adopted Resolution No. 50-22.

Motion by Councilmember Melvin Willis
Seconded by Vice Mayor Eduardo Martinez
Ayes (7): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Passed (7 to 0)
U.2.c Ordinance Adjusting the Boundaries of Council Districts ADOPT an ordinance (second reading) of the City Council of the City of Richmond adjusting the boundaries of the six City Council Districts and adopting a new official Council District Map No. 201, for the City of Richmond based on the results of the 2020 decennial census and amending RMC section 2.16.050 – City Clerk’s Office (Pamela Christian 510-620- 6513).

Continued to the April 26, 2022, City Council meeting.

U.3 City Manager's Office
U.3.a Acquisition of the Richmond Housing Authority (RHA) Administration Building
ADOPT a resolution approving the acquisition of the Richmond Housing Authority (RHA) administration building (360 S. 27th Street); and AUTHORIZE the city manager or their designee to execute final form of agreements and any supporting U.S. Department of Housing and Urban Development (HUD) documents to facilitate the transfer and sale of the RHA administration building to the City of Richmond for $1.00 – City Manager’s Office (Shasa Curl 510-620-6512).

Adopted Resolution No. 51-22.

U.4 Community Development
U.4.a Regional Early Action Planning (REAP) Grant Acceptance and Appropriation
ADOPT a resolution accepting and appropriating the City’s Regional Early Impact Planning (REAP) grant suballocation funds to be used for preparation of the 6th Cycle Housing Element Update for Fiscal Year 2021-2022 – Community Development Department (Lina Velasco/Andrea Villarroel 510-620-6620/Chris Castanchoa 510-620-6764).

Adopted Resolution No. 52-22.

U.4.b Accept and Appropriate funds for Homelessness Strategic Plan

cc19Ap2022 – ud/prc

ADOPT a resolution accepting and appropriating the $50,000 in funds received from All Home, via the Tides Center, to support development of the City’s Homelessness Strategic Plan – Community Development Department (Lina Velasco/Chris Castanchoa 510-620-6764).

Adopted Resolution No. 53-22.

U.5 Economic Development
U.5.a Amendment to Increase Size and Budget for Osprey Bird Sculpture ACCEPT and APPROPRIATE into the Fiscal Year 2021-2022 Public Art Percent for Art Fund budget $20,000 received from Ridgeline Property Group; and APPROVE a $20,000 amendment to the contract with Scientific Art Studio, for a total amount not to exceed $85,000, for the design, fabrication, and installation of the Osprey Bird sculpture – Economic Development (Winifred Day 510-620-6952).

U.6 Human Resources
U.6.a Amend Resolution for CalPERS Industrial Liability Retirement AMEND Resolution No. 241-95 to delegate authority to the Human Resources Manager(s) and the Director of Human Resources/Personnel Director to (1) file Employer Originated Applications on behalf of the City for disability retirement of all employees and (2) approve or deny industrial disability retirement based on credible medical documentation.

Such approval will not rescind the Risk Manager’s existing authority by taking either of the aforementioned actions – Human Resources Department (Laura Marquez/Erika Carty 510-620-6974).

Adopted Resolution No. 54-22.

U.7 Mayor's Office
U.7.a Education and Sharing Day, USA – April 12, 2022
PROCLAMATION declaring April 12, 2022, as Education and Sharing Day, USA in the City of Richmond – Office of the Mayor (Mayor Tom Butt 510-620-6503).

U.7.b Global Love Day – May 1, 2022
PROCLAMATION declaring May 1, 2022, as Global Love Day in the City of Richmond – Office of the Mayor (Mayor Tom Butt 510-620- 6503).

U.7.c Appointment to the Shimada Commission
APPROVE appointment(s) to update the Shimada Friendship Commission; APPOINT Arianna Rodriguez, new appointment, seat #9, filing an unexpired term with an expiration date of December 31, 2025 - Office of the Mayor (Mayor Tom Butt 510-620-6503).

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

U.7.e Appointment to the Zhoushan Commission

cc19Ap2022 – ud/prc

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

U.7.f Appointment to the HPC
APPROVE appointment(s) to the Historic Preservation Commission; APPOINT Linda Hemmila, appointment, seat #3, term expiration date July 31, 2026 – Office of the Mayor (Mayor Tom Butt 510-620-6503).

U.7.g Appointment to the HRHRC
APPROVE appointment(s) to the Human Rights and Human Relations Commission; APPOINT Ellen Seskin, new appointment, seat #8, term expiration date March 30, 2025 - Office of the Mayor (Mayor Tom Butt 510-620-6503).

U.7.h Council Appointment to Public Bank East Bay
APPROVE the appointment of Councilmember Gayle McLaughlin to the Public Bank East Bay – Office of the Mayor (Mayor Tom Butt 510-620- 6503).

U.8 Police Department
U.8.a Proposed Resolution Authorizing the Acceptance and Appropriation of Grant Funding from the Office of Justice Programs (OJP) Edward Byrne Memorial Justice Assistance Grant (JAG) 2021 for the Purchase of Police Safety Equipment.

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

Adopted Resolution No. 55-22.

U.8.b Ordinance to Approve a Military Equipment Funding Acquisition and Use Policy.

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

Continued to a future meeting.

U.9 Public Works
U.9.a Hilltop Advertising Sign Removal
APPROVE a contract with YESCO for removal of the damaged Hilltop Outdoor Advertising Sign in the Hilltop District along the I-80 Freeway, for an amount not to exceed $35,000, including the low bid plus $6,251 contingency - Public Works Department (Joe Leach 510-620-5478).

U.9.b Conversion of two (2) Parks Construction Maintenance Works Positions to Groundskeeper/Gardener Positions in the Parks Division.

cc19Ap2022 – ud/prc

ADOPT a resolution to AMEND the Fiscal Year 2021-2022 Budget and the current Position Control List for Public Works Department, Parks Administration Division, to convert two (2) of the Parks Construction Maintenance Worker positions to two (2) Groundskeeper/Gardener positions – Public Works Department (Joe Leach /Greg Hardesty 510-620- 5478).

Adopted Resolution No. 56-22.

U.9.c Street Sweeper Lease Agreement with Owen Equipment APPROVE a contract with Owen Equipment for a two (2) year lease agreement with a one (1) year option to renew at a rate of $10,200 per month, plus tax and environmental fees – Public Works Department (Joe Leach 510-620-5478/Dee Karnes 510-307-3044).

U.9.d Appropriate funding from Risk Management for NCE Contract 4200 Amendment 3
APPROVE the appropriation of funds from Risk Management to NCE’s on-call professional services contract, in an amount not-to-exceed $400,000, from 50182316-400642-01D16 – Public Works Department (Joe Leach 620-5478).

U.9.e Contract with COWI North America regarding the Terminal Four Wharf Removal Project
APPROVE a sole-source contract with COWI North America, in an amount not to exceed $279,140, to prepare the final construction and technical specifications for bid documents for the Terminal 4 Wharf Removal Project, to be funded by various grants awarded to the City for this project – Public Works Department (Joe Leach 510-620-5478).

U.9.f Approve Final Payment to Municipal Maintenance Equipment for Repairs APPROVE final payment to Municipal Maintenance Equipment for repairs to a patch truck, in an amount not to exceed $12,562.48 – Public Works Department (Joe Leach 510-620-5478).

V. BUDGET SESSION
V.1 Budget presentations
RECEIVE budget presentations from Internal Services Departments – Finance Department (Interim Director of Finance Delmy Cuellar 510-620-6740).

City Manager Shasa Curl introduced the item. Interim Director of Internal Services Anil Comelo gave an overview. The Human Resources, Finance, and Information Technology departments made budget presentations. Discussion ensued. Councilmembers requested an employee vacancy report and information regarding Measure U to include possible adjustments to reduce the amount of tax owed for some businesses. Mark Wassberg, Shawn Dunning, Steve Bischoff, John Varga, and Shiva Mishek gave comments via teleconference.

W. NEW BUSINESS
W.1 Receive an Update from PG&E Regarding Power Outages RECEIVE a presentation from PG&E regarding power outages in Richmond – Public Works/City Manager’s Office, Economic Development (Samantha

cc19Ap2022 – ud/prc

Carr/Joe Leach, 510-620-6512). This item was continued from the March 22, 2022, meeting.

Claudia Luna and Darin Cline from PG&E presented a PowerPoint, which highlighted the following: How PG& E Manages Reliability; Electric Circuits Serving Richmond; Outage History; Improving Reliability; Supporting Customers; System Planning; Customer Resources and Updates. Discussion ensued. Eli Moore gave comments. Councilmembers requested that the PG&E Customer Resource links and information be included in the City Manager's weekly report.

W.2 Reinstate the Issuance of Citations in the Street Sweeping Program DISCUSS and APPROVE reinstating the citation component of the Street Sweeping Program with a 90-day notification/warning period – Councilmember Melvin Willis (510-412-2050).

Councilmember Willis presented the item. Discussion ensued. Leisa Johnson, Mark Wassberg, Tarnel Abbott, Shawn Dunning, and Naomi Williams gave comments via teleconference.

Motion by Councilmember Nathaniel Bates
Seconded by Councilmember Melvin Willis
Motion directed staff to return to a future meeting with recommendations about hiring parking enforcement officers and anotification program for residents.

Ayes (6): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Abstentions (1): Councilmember Gayle McLaughlin
Passed (6 to 0)
W.3 Fair access to housing
DIRECT staff to draft an ordinance for first reading to amend the Richmond’s Fair Chance Access to Affordable Housing Ordinance, RMC Chapter 7.110, to eliminate unfair barriers for rental housing applicants – Office of the Mayor (Mayor Tom Butt 510-620-6503).

Mayor Butt presented the item. A motion was made to require the City Manager's Office to return with a report on implementation results of the city's current Fair Chance Ordinance and work with the Safe Return Project organization to improve and modify the current ordinance and direct city staff to work on a new ordinance that removes barriers for the unhoused community to access housing and prohibit illegal discrimination, overzealous tenant screening applications, and promotes housing and real property availability and access to everyone.

Motion by Councilmember Claudia Jimenez
Seconded by Vice Mayor Eduardo Martinez
Ayes (7): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt

cc19Ap2022 – ud/prc

Passed (7 to 0)
X. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.

Y. ADJOURNMENT
There being no further business, the meeting adjourned at 11:38 p.m., to meet again on April 26, 2022.

Clerk of the City of Richmond Mayor

May 17, 2022
City Council
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Councilmember Nathaniel Bates and Councilmember
Melvin Willis
Subject: Commemorative Kiosk of Willie Mays at Nicholl Park FINANCIAL IMPACT: The fiscal impact includes the installation of the kiosk by Parks and Landscaping. The Hurlbut Benevolent
Foundation has committed up to $20,000 for the
fabrication and installation of the Kiosk.

PREVIOUS COUNCIL
ACTION:

The City Council approved renaming Baseball
Diamond/Field 2 to the Willie Mays Baseball Field at its February 15, 2022 regular meeting.

STATEMENT OF THE
ISSUE:

In collaboration with the San Francisco Giants, the
Recreation and Parks Commission will host Willie Mays
Day and Parade on Saturday, May 21, 2022, at Nicholl
Park.

RECOMMENDED ACTION: APPROVE the renaming of Baseball Diamond/Field 1 to the Willie Mays Baseball Field 1; and APPROVE the
installation of a freestanding kiosk honoring Willie Mays at Nicholl Park – Councilmember Nathaniel Bates (510-
620-6743).

AGENDA
REPORT

May 17, 2022
DISCUSSION:

At the February 15, 2022, meeting, the City Council approved the renaming of Baseball Diamond 2 at Nicholl Park to the Willie Mays Baseball Field and holding a dedication (Willie Mays Day). During a site visit, the San Francisco Giants committed to fund the refurbishing of Fields 1 and 2. Due to the inclusion of refurbishing Field 1, the San Francisco Giants requested that the City rename both fields in honor of Willie Mays.

In conjunction with the dedication of the Willie Mays Baseball Fields, the Recreation and Parks Commission recommends the installation of a freestanding commemorative kiosk to honor Willie Mays. The kiosk will have a photo and brief description of why Mr. Mays is being honored.

The commission envisions the Willie Mays Commemorative Kiosk as the first of several kiosks that will become a Walk of Honor to recognize local heroes. The commission will develop a criteria and application process to install additional kiosks in the future. The Willie Mays kiosk is the inaugural structure.

The location of the kiosk will be at the opening of Nicholl Baseball Field 1 on the cement platform. The Parks and Landscaping Division has been consulted and will install the kiosk. The unveiling will be held on May 21, 2022, at Nicholl Park at 11:00 AM. A rendering of the kiosk is attached.

The Recreation and Parks Commission would like to thank the San Francisco Giants and the Hurlbut Benevolent Foundation for their significant contributions to the Willie Mays Day Project. Other city departments that were instrumental in coordination, include Parks and Landscaping, the Community Services Division, the Mayor’s Office, KCRT and the City Council Office. This project could not have been completed without the excellent work of city staff.

May 17, 2022
DOCUMENTS ATTACHED:

Attachment 1 – Kiosk Design
Attachment 2 – Willie Mays Kiosk Panels
Attachment 3 – Aerial view of Nicholl Park
Attachment 4 – Nomination Form to Install a Commemorative Kiosk at Nicholl Park Attachment 5 – Notice of Recreation and Parks Commission Approval

Page: of 3941 Park Drive, Suite 20-516
El Dorado Hills, California 95762
916.790.4719 [email protected]

GRAPHIC DESIGN & CONSTRUCTION DOCUMENTS FOR THE SIGN INDUSTRY Project: Walk of Honor
Address:

Richmond, CA
Designer: Miguel Reiman
February 24, 2022
Walk of Honor.cdr
Date:

File Name:

Scale: As noted
3 Revisions:

Client:

This is an original unpublished drawing created by
My Crime in Design. It is submitted for your
approval. It is not to be shown to anyone outside
of your organization, nor is it to be reproduced,
copied or exhibited in any fashion. The changing of
colors, sizes, materials or illumination method does
not alter the design. Ownership of this design is held
by My Crime in Design. Authorization to use this
design in any fashion must be obtained in writing from
My Crime in Design.

The Colors depicted here are a graphic representation.

Actual colors may vary. See color specifications.
2022
16”
24”
60”
12”
38”
12”
6”
44”
16”
2”
2”
1 Scale: 1” = 1’-0”
WALK OF HONOR KIOSK - Option 1
One unit required
1 3
2 1. Precast GFRC (concrete) pedestal/obelisk with smooth finish.

2. Aluminum cabinet with Corten steel powder coat finish.

3. Etched content panel.

4. 6” diameter City of Richmond seal (front side only). 1 Front Other sides
Top view
3

Page: of 3941 Park Drive, Suite 20-516
El Dorado Hills, California 95762
916.790.4719 [email protected]

GRAPHIC DESIGN & CONSTRUCTION DOCUMENTS FOR THE SIGN INDUSTRY Project: Walk of Honor
Address:

Richmond, CA
Designer: Miguel Reiman
February 24, 2022
Walk of Honor.cdr
Date:

File Name:

Scale: As noted
3 Revisions:

Client:

This is an original unpublished drawing created by
My Crime in Design. It is submitted for your
approval. It is not to be shown to anyone outside
of your organization, nor is it to be reproduced,
copied or exhibited in any fashion. The changing of
colors, sizes, materials or illumination method does
not alter the design. Ownership of this design is held
by My Crime in Design. Authorization to use this
design in any fashion must be obtained in writing from
My Crime in Design.

The Colors depicted here are a graphic representation.

Actual colors may vary. See color specifications.

1. ¼” thick steel base plate with white powder coat finish. 2022

2. Perforated steel panel with Corten steel powder coat finish.

3. 2” steel square tube frame with white powder coat finish.

4. Etched content panel.

5. 6” diameter City of Richmond seal (front side only). 16”
18”
60”
14”
34”
14”
4”
42”
18”
2”
2”
1 20”
2”
4 3
2 2
5 2
Scale: 1” = 1’-0”
WALK OF HONOR KIOSK - Option 2
One unit required
Front Other sides
Top view
4

Page: of 3941 Park Drive, Suite 20-516
El Dorado Hills, California 95762
916.790.4719 [email protected]

GRAPHIC DESIGN & CONSTRUCTION DOCUMENTS FOR THE SIGN INDUSTRY Project: Walk of Honor
Address:

Richmond, CA
Designer: Miguel Reiman
February 24, 2022
Walk of Honor.cdr
Date:

File Name:

Scale: As noted
3 Revisions:

Client:

This is an original unpublished drawing created by
My Crime in Design. It is submitted for your
approval. It is not to be shown to anyone outside
of your organization, nor is it to be reproduced,
copied or exhibited in any fashion. The changing of
colors, sizes, materials or illumination method does
not alter the design. Ownership of this design is held
by My Crime in Design. Authorization to use this
design in any fashion must be obtained in writing from
My Crime in Design.

The Colors depicted here are a graphic representation.

Actual colors may vary. See color specifications.
2022
1 Scale: 1” = 1’-0”
WALK OF HONOR KIOSK - Option 1
One unit required
3 24”
60”
34”
16”
6”
41”
19”
1½”
19”
16”
22”
1 5
4 3
2 1. Precast GFRC (concrete) pedestal/obelisk with smooth finish.

2. Column with engineered stone cladding.

3. Aluminum square tube cornice with Corten steel powder coat finish.

4. Aluminum cabinet with medium textured finish.

5. Etched content panel.

6. 6” diameter City of Richmond seal (front side only). 6 Front Other sides
Top view
5

WILLIE HOWARD MAYS JR.

BORN IN WESTFIELD, ALABAMA ON MAY 6, 1931

INDUCTED INTO THE BASEBALL HALL OF FAME
AUG. 5, 1979

THE WILLIE MAYS, JR. GIANTS FIELDS

ARE DEDICATED WITH AFFECTION AND APPRECIATION
ON THIS DAY OF MAY 21ST IN THE YEAR 2022
WILLIE HOWARD MAYS JR., NICKNAMED “THE SAY HEY
KID” AND ALSO “BUCK” IS A FORMER NEW YORK AND
SAN FRANCISCO GIANTS “HALL OF FAME“ MAJOR LEAGUE
BASEBALL PLAYER. MR. MAYS PARTICIPATED IN
RICHMOND’S ANNUAL MARCH OF DIMES EVENTS IN THIS
PARK DURING THE 1960S AND 1970S TO ASSIST OUR
YOUTH IN NEED.

THE CITY OF RICHMOND IS GRATEFUL TO MR. MAYS AND

THE SAN FRANCISCO GIANTS GENEROUS CONTRIBUTIONS

TOWARD OUR YOUTH PROGRAMS OVER THE PAST
SEVERAL YEARS.

THIS FIRST “RICHMOND WALK OF HONOR” KIOSK AND THE WILLIE

MAYS FIELDS WERE MADE POSSIBLE THROUGH THE GENEROUS

DONATIONS OF THE

SF GIANTS GOOD TIDINGS FOUNDATION

THE CITY OF RICHMOND AND

THE HURLBUT BENEVOLENT FOUNDATION (HBF)

Parking VIP Classic Cars Drop Off Box Truck Maine Entrance - - Kids Park Sea Wright Nicholl 2 Nicholl
1 Skate Park Volleyball Soccer STAGE Obstacle Course Porta Potty Dog Park 200 chairs Food Trucks Mac M
sd
M dd
Macdonald Ave.

Leona Ave.

1 NOMINATION FORM FOR NAMING OR RE-NAMING

PARKS, FACILITIES OR STREETS

1. Name of Nominee:
[ ] Individual [ ] Group [ ] Organization

2. Nominated By: Name:

Address:

City and Zip:

Telephone:

Organization:

3. Proposed [ ] Facility [ ] Park [ ] Street [ ] Other
Current Name:

Proposed Name:

Please indicate the category that applies to the nomination:
[ ] Service Recognition [ ] Monetary, Capital or Material [ ] Recognition of Heroes [ ] Special Feature, Area, Locale PLEASE FILL IN ONLY THE SECTION THAT APPLIES TO THE PROPOSED NOMINATION. ADDITIONAL COMMENTS CAN BE INCLUDED ON THE SECOND (2) PAGE AND/OR OTHER RELATED MATERIALS OR COMMENTS MAY BE ATTACHED TO THIS APPLICATION.

Service Recognition: (Individual, Group, or Organization)

1. Was service provided in a voluntary non-paid status or if a group or organization, was contribution provided outside the normal function of a profit making organization? [ ] YES [ ] NO

2. Did the contribution exceed five (5) years in duration? [ ] YES [ ] NO

3. Is the nominee an elected or appointed official?
[ ] YES [ ] NO

4. Did the contribution have a direct positive effect on the delivery of public services? [ ] YES [ ] NO

5. If the nominee is DECEASED and provided service while they were in a pay status or they were an elected or appointed official, please indicate year of death.

Year of Death
A. Did the service exceed ten (10) years in duration?
[ ] YES [ ] NO
Revised 01/2021
Nathaniel Bates, Councilmember Nathaniel Bates 440 Civic Center Plaza Richmond, 94804 510-620-6743 ✔ City of Richmond Nicholl Field 1
Willie Mays Baseball Field 1
✔ ✔
✔
✔
✔
✔
n/a

2 Monetary, Capital or Material Contribution:

1. What is the amount or value of the contribution?
$ _________________

2. Date of contribution: ______________________

3. Does nominee have a good record of citizenship?
[ ] YES [ ] NO
Recognition of Heroes:

1. Did the deed for which the nominee is being honored occur two (2) years prior to the date of consideration? [ ] YES [ ] NO

2. Is the deed for which the nominee is being honored common knowledge to the citizens of Richmond? [ ] YES [ ] NO

3. Does nominee have a good record of citizenship?
[ ] YES [ ] NO

4. Is the nominee recognized as a national hero by an agency of the United States Government? [ ] YES [ ] NO
Name of Agency:

Special Feature, Area or Locale:

1. Is this name appropriate to the facility?
[ ] YES [ ] NO
Please explain in comments section.

Comments:

Nominated by: Date:

Received in Recreation Division By:

Date:

Requested Action:
[ ] Prepare for Commissioner recommendation
[ ] Deny (Explanation)
Revised 01/2021
✔
✔
✔
✔
Baseball Hall of Fame ✔
The City Council voted at its 2/15/2022 meeting to rename Nicholl Baseball Field 2 to the Willie Mays Baseball Field and to hold a dedication (Willie Mays Day) in honor of his 90th birthday. The SF Giants is covering the cost of refurbishing Nicholl 1 and Nicholl 2 Fields. Per their request, it is requested that both fields be named after Willie Mays. The Willie Mays Planning Committee and CM Bates recommended that a freestanding commemorative kiosk with a description and picture of Willie Mays be installed at Nicholl Park and unveiled at the dedication in May. This request includes the installation of the kiosk and the renaming of both fields.

May 17, 2022
City Council
DATE: May 17, 2022
TO: Members of the City Council
FROM: Vice Mayor Eduardo Martinez and Mayor Tom Butt
Subject: Jewish American Heritage Month Recognition
FINANCIAL IMPACT: There is no fiscal impact related to this item.

PREVIOUS COUNCIL
ACTION:

The City of Richmond has routinely recognized Jewish
American Heritage Month.

STATEMENT OF THE
ISSUE:

May is Jewish American Heritage Month
RECOMMENDED ACTION: PROCLAMATION recognizing the month of May as Jewish American Heritage Month - Vice Mayor Eduardo
Martinez (510-620-6593) and Mayor Tom Butt (510-620-
6503).

DISCUSSION:

May is Jewish American Heritage Month – a time to commemorate the more than 350- year history of Jewish contributions to American society.

This year, the Jewish Community Relations Council (JCRC) has encouraged cities and counties across the Bay Area to recognize and celebrate Jewish American Heritage Month. The JCRC and the City of Richmond believes education about Jewish identity and the contributions of Jewish Americans is a critical antidote to the rampant antisemitism the Jewish community is experiencing today.

AGENDA
REPORT

May 17, 2022
In recent years, Jewish Americans have increasingly experienced antisemitism, including but not limited to physical attacks, vandalism, verbal and physical harassment, and hateful comments posted on social media, and The City of Richmond shares an obligation to condemn and combat antisemitism wherever it exists, to include Jewish Americans in all facets of civic life, and to stand with the Jewish American community against hatred or bigotry in our city and country.

There is a need for education and policies that are culturally competent when describing, discussing, or addressing the impacts of being Jewish in all aspects of American society, including discourse and policy.

We celebrate the rich and diverse heritage of the Jewish American community, including those who live, work and play in Richmond and, we recognize Jewish American commitment to civic engagement.

The City of Richmond will continue efforts to confront antisemitism and other forms of hate impacting the Jewish community, support local education about the diversity of our Jewish American community, and integrate Jewish American culture into future programs, activities, and ceremonies throughout the year.

For more information, visit the following websites.
https://jewishfed.org/sites/default/files/An_Integrative_Report_from_the_Bay_Area_Jewi sh_Community_Study.pdf
https://jewsofcolorfieldbuilding.org/wp-content/uploads/2019/05/CountingInconsistencies-052119.pdf https://www.cbs.gov.il/he/publications/doclib/2021/2.shnatonpopulation/st02_08.pdf https://crime-data-explorer.fr.cloud.gov/pages/explorer/crime/hate-crime https://www.adl.org/blog/antisemitic-incidents-reported-to-adl-increase-sharply-duringisrael-hamas-conflict https://www.sdjewishworld.com/2021/09/20/survey-finds-jewish-college-students-fearfor-their-safety/ DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

Proclamation Recognizing May as Jewish American Heritage Month WHEREAS, Jewish Americans have been an important part of the American story and have greatly contributed to all areas of American life and culture since our nation’s earliest days; and WHEREAS, on April 20, 2006, the Federal Government proclaimed May as Jewish American Heritage Month, stating, “As a nation of immigrants, the United States is better and stronger because Jewish people from all over the world have chosen to become American citizens,” and, since then, proclamations in support of Jewish American Heritage Month have been made by Presidents of the United States annually; and
WHEREAS, generations of Jews have fled to the United States in search of a better life for themselves and their families, and these immigrants made invaluable contributions in support of equality and civil rights through their leadership and achievements; and WHEREAS, Jewish Americans connect to their Jewish identity in a variety of ways, such as culturally, ethnically, religiously and by following Jewish ethics and values; and WHEREAS, Jewish Americans are racially, ethnically, socially, politically and economically diverse, with approximately 12-15 percent of Jews in the United States being individuals of color; and WHEREAS, in the Bay Area around 25 percent of Bay Area Jewish households include a person of color, and this increases to nearly 40 percent of households if the head of the household is younger than 35; and
WHEREAS, in recent years, Jewish Americans have increasingly experienced antisemitism, including but not limited to physical attacks, vandalism, verbal and physical harassment, and hateful comments posted on social media; and
WHEREAS, the City of Richmond shares an obligation to condemn and combat antisemitism wherever it exists, to include Jewish Americans in all facets of civic life, and to stand with the Jewish American community against hatred or bigotry in our city and country.

NOW, THEREFORE, BE IT RESOLVED that the City of Richmond on this day, May 17, 2022, hereby recognizes Jewish American Heritage Month and calls upon all residents to celebrate Jewish Americans who have woven the fabric of our country and community, and supports opportunities to learn more about Jewish American history and culture.

XwâtÜwÉ `tÜà|Çxé
Mayor Vice Mayor

May 17, 2022
City Manager's Office
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, City Manager
Thomas Omolo, Senior Management Analyst
Lizeht Zepeda, Senior Business Assistance Officer
Subject: Resolution of Intention to Renew the Downtown
Richmond Property and Business Improvement District
FINANCIAL IMPACT: There is no immediate financial impact caused by this action. If DRPBID renewal is approved by 50 percent or
more of the returned property owner ballots and the City adopts a resolution to renew the DRPBID, the City’s
annual assessment would be $39,305.10 beginning in
the fiscal year 2022-2023.

PREVIOUS COUNCIL
ACTION:

May 3, 2022

STATEMENT OF THE
ISSUE:

City staff members are seeking the adoption of a
Resolution of Intention to Renew the Downtown
Richmond Property and Business Improvement District
(DRPBID).

RECOMMENDED ACTION: ADOPT a resolution of intention confirming the City Council's intention to renew the Downtown Richmond
Property and Business Improvement District – City
Manager's Office (Shasa Curl/Thomas Omolo 620-6512).

AGENDA
REPORT

May 17, 2022
DISCUSSION:

The Richmond Main Street Initiative and the Downtown Richmond Property and Business Improvement District (DRPBID) property owners have proposed the renewal of the DRPBID to provide activities and improvements which constitute and convey special benefits to assessed property owners. The renewed DRPBID will provide additional maintenance, safety and nuisance abatement, marketing, promotions and business development, capital improvements, and related administration to assess properties within the DRPBID boundary. On May 3, 2022, the Richmond City Council authorized the City Manager to execute all documents on behalf of the City of Richmond in support of the renewal of the DRPBID.

The City of Richmond is a significant property owner in the district. City staff members are requesting City Council approval to continue the support for the DRPBID. The DRPBID will be governed in accordance with a written Management District Plan (Attachment 2), pursuant to Streets and Highways Code section 36622. The Plan sets guidelines for the DRPBID, including the assessment rate, service plan, collection provisions, and governance.

The DRPBID assessment rate (cost to the parcel owner) is based on parcel type and square footage. The initial annual assessment rate applied to commercial parcels is $0.15 per square foot per year, and to non-profit housing, parcels are $0.08 per square foot per year. Assessment rates may be subject to an increase of no more than three percent (3%) per year.

The California Constitution, in Article XIII D, provides that "parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels, in fact, receive no special benefit." No public agency, including the City of Richmond, owning parcels in the DRPBID, has made such a demonstration. City-owned parcels within the DRPBID will receive special benefits from the full range of DRPBID activities and improvements and will, therefore, be assessed at the full commercial rate, commensurate with the degree of special benefit.

The Resolution of Intention may be adopted by Council upon receipt of petitions from property owners who will pay more than 50 percent of the proposed assessment. After the adoption of the Resolution of Intention, the "Right to Vote on Taxes Act" requires that the City mail a notice and ballot to affected property owners. If 50 percent or more of the ballots received, weighted by assessment, are in support of DRPBID renewal, the City Council may adopt a resolution renewing the DRPBID after holding a public hearing on the proposed renewal. City staff recommends holding the final hearing and ballot count on July 5, 2022. This date is in compliance with the legally required minimum 45- day return period for property owner ballots. The assessment, if renewed, would be placed on property tax bills; thus, the hearing must be held no later than July 19, 2022, to comply with the county assessor's deadline.

May 17, 2022
ATTACHMENTS:

Attachment 1 - Resolution of Intention to Renew the DRPBID Attachment 2 - Management District Plan
Attachment 3 - Petition Tracker and Signed Petitions
Attachment 4 - Notice of Hearing
Attachment 5 - Ballots

1 RESOLUTION OF INTENTION NO. _______

A RESOLUTION OF THE RICHMOND CITY COUNCIL

DECLARING ITS INTENTION TO RENEW THE

DOWNTOWN RICHMOND PROPERTY & BUSINESS
IMPROVEMENT DISTRICT.

WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq., authorizes cities to renew property and business improvement districts to provide improvements and activities which specially benefit assessed properties; and
WHEREAS, incorporated herein by this reference is the Downtown Richmond Property and Business Improvement District (“DRPBID”) Management District Plan (hereafter “Plan”), which provides for improvements and activities which will specially benefit assessed properties; and
WHEREAS, owners of properties within the proposed DRPBID have submitted petitions asking that the City Council renew the DRPBID. Included with each petition was a Plan summary including a map showing the boundaries of the DRPBID. The petitions, the boundary map, and the Plan are on file with the City Clerk; and
WHEREAS, the Plan provides for the following improvements and services within the DRPBID, all of which are intended to provide and constitute special benefits to assessed properties: Maintenance, Safety and Nuisance Abatement; Marketing, Promotions and Business Development; Capital Improvements; and related administration. The Plan proposes to fund these improvements and services through the levy of a benefit assessment on real property within the DRPBID.

BASED ON THE FOREGOING RECITALS, THE CITY COUNCIL OF
THE CITY OF RICHMOND RESOLVES AS FOLLOWS:

Section 1. The recitals set forth herein are true and correct.

Section 2. The City Council finds that property owners who will pay more than 50% of the assessment proposed in the Plan have signed petitions. The City Council accepts the petitions and intends to renew the DRPBID and to levy an assessment on real property within the DRPBID boundaries in accordance with the Property and Business Improvement District Law of 1994. In the initial year of the seven (7) year term, the total proposed assessment budget is approximately $239,990.60.

2 Section 3. The assessment will be imposed on real property at the following rates:

Parcel type Assessment rate (per square foot)
Commercial $0.15
Non-profit Housing $0.08
Section 4. The City Council finds that the Plan satisfies all requirements of Streets and Highway Code section 36622.

Section 5. The exterior boundaries of the DRPBID are shown on the map attached hereto as Exhibit A.

Section 6. Bonds shall not be issued for the DRPBID.

Section 7. The time and place for the public hearing on the renewal of the DRPBID and the levy of the proposed assessment are set for 6:30 PM on July 5, 2022, at 440 Civic Center Plaza, Richmond, CA 94804. The City Council may continue the public hearing from time to time.

Section 8. The City Clerk is directed to give notice of the time and place of the public hearing in accordance with Streets and Highways Code section 36623.

The City Clerk is to do this by mailing (or causing to be mailed) written notices and assessment ballots in the time, form, and manner provided by Government Code section 53753 to all persons who own real property within the renewed DRPBID and will be subject to the proposed assessment, no later than May 18, 2022. The City Clerk is further directed to file an affidavit with the City Council when all notices and ballots have been mailed, setting forth the time and manner of his or her compliance with the requirements of law for mailing the notices and ballots.

Section 9. At the public hearing, the City Council will consider all objections or protests to the proposed assessment, and any interested person will be permitted to present written or oral testimony. At the conclusion of the public hearing, all ballots submitted and not withdrawn will be tabulated in accordance with Government Code section 53753.
---------------------------------------

3 I certify that the foregoing Resolution was passed and adopted by the Richmond City Council at a regular meeting held on , 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
______________________________
City Clerk
Approved:
_____________________________
Mayor
Approved as to Form:
_____________________________
City Attorney

4 EXHIBIT A: Renewed DRPBID Boundary Map

DRPBID Management District Plan
April 5, 2022
i
2023-2030
April 5, 2022 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

DOWNTOWN RICHMOND PROPERTY AND BUSINESS

IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN AND
ENGINEER’S REPORT

DRPBID Management District Plan
April 5, 2022
ii
Contents
I. Overview.................................................................................................................................................... 1 II. Background ............................................................................................................................................... 3 III. Accomplishments .................................................................................................................................... 4 IV. Boundaries................................................................................................................................................. 5 V. Service Plan & Budget............................................................................................................................. 6 A. Establishment 6
B. Improvements, Maintenance and Activities 6
C. Annual Assessment Budget 7
D. Service Budget 8
E. Annual Maximum Assessment Budget 8
VI. Assessment Rate.....................................................................................................................................10 A. Assessment Formula 10
B. Changes in Zoning, Ownership, Building Square Footage, or Parcel Size 10 C. Assessment Notice 10
D. Time and Manner for Collecting Assessments 10
VII. Governance.............................................................................................................................................11 A. Owners’ Association 11
B. Brown Act & Public Records Act Compliance 11
C. Annual Report 11
VIII. Engineer’s Report ..................................................................................................................................12 Appendix 1 – Maximum Annual Assessment Rates...........................................................................................26 Appendix 2 – PBID law...........................................................................................................................................27 Appendix 3 – Map.....................................................................................................................................................39 Appendix 4 – Parcel Assessment Calculations....................................................................................................40 Appendix 5 – Total Estimated Maximum Cost Of Improvements, Maintenance, And Activities...Error! Bookmark not defined.

Prepared by Civitas
www.civitasadvisors.com
(800)999-7781

DRPBID Management District Plan
April 5, 2022

I. OVERVIEW
Developed by a growing coalition of property owners, Downtown Richmond Property and Business Improvement District (DRPBID) is a benefit assessment district whose purpose is to provide improvements, maintenance and activities that constitute and convey a special benefit to assessed parcels.

As required by state law, property owners have created this Management District Plan (Plan) to renew the DRPBID. This approach has been used successfully in other citiesthroughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. As required by state law, property owners have created this Management District Plan (Plan) to renew the DRPBID.

Location: The DRPBID generally includes parcels along portions of Macdonald Avenue from 6th Street (in the west) to the BART tracks (in the east); portions of 8th Street and Harbour Way from Barrett Avenue (in the north) to Bissell Avenue (in the south); portions of Marina Way from Nevin Avenue (in the north) to Bissell Avenue (in the south); and portions of 16th Street from Macdonald Avenue (in the north) to Bissell Avenue (in the south), as shown on the map in Section IV.

Purpose: The purpose of the DRPBID is to provide improvements, maintenance, and activities, which constitute and convey a special benefit to assessed parcels. The DRPBID will provide Maintenance, Safety and Nuisance Abatement; Marketing, Promotions and Business Development; Capital Improvements; and related administration directly and only to assessed parcels within its boundaries.

Budget: The DRPBID annual assessment budget for the initial year of its seven (7) year operation is anticipated to be $239,990.60. The annual budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds shall be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $255,098.26.

Cost: The assessment rate (cost to the parcel owner) is based on parcel square footage. The initial annual rate to each parcel is shown in the table below. Over the seven (7) year term of the DRPBID, the assessment rate may be subject to annual increases that shall not exceed three percent (3%) per year. Increases shall be determined by the Owners’ Association Board of Directors and may vary each year.

Parcel type Assessment rate (per square foot)
Commercial $0.15
Non-profit Housing $0.08
Renewal: DRPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The “Right to Vote on Taxes Act” (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the DRPBID.

DRPBID Management District Plan
April 5, 2022

Duration: The renewed DRPBID will have a seven (7) year life beginning January 1, 2023 to December 31, 2029. After the seven (7) year term, the DRPBID may be renewed again for up to ten (10) years if property owners support continuing the programs.

Management: Richmond Main Street Initiative (RMSI) shall continue to serve as the Owners’ Association to provide improvements, maintenance, and activities for the DRPBID. The City of Richmond will enter into a contract with RMSI regarding the provision of improvements and services for the DRPBID. RMSI must provide an annual report on improvements, maintenance, and activities and expenditures to the City, which is also available to property owners.

DRPBID Management District Plan
April 5, 2022

II. BACKGROUND
The International Downtown Association estimates that more than 1,500 Property and Business Improvement Districts (PBIDs) currently operate throughout the United States and Canada. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.

PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.

Although funds are collected by the local government, they are then directed to a private nonprofit. The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.

PBIDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.

The DRPBID will be renewed pursuant to a state law that took effect in January of 1995. The “Property and Business Improvement District Law of 1994,” which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:

Ø Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
Ø Requires property owner input and support throughout the renewal process; Ø Requires written support on both a petition and ballot from property owners paying 50% of proposed assessments;
Ø Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City of Richmond (City); Ø Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
Ø Requires the PBID be renewed after a certain time period, making it accountable to property owners.

The “Property and Business Improvement Business District Law of 1994” is provided in Appendix 2 of this document.

DRPBID Management District Plan
April 5, 2022

III. ACCOMPLISHMENTS
From 2017 to 2020, RMSI accomplished significant efforts within the DRPBID, helping to establish long-term sustainability. Accomplishments are as follows:
• Assisted Safety 1st in managing community liaisons:
o 10,694 hospitality and maintenance service hours
o 1,554 bags of trash and debris removed
o 181 cases of graffiti abatement
o 84 visitor and homeless “touches”;
• Served as a leading partner in the design and unveiling of the Downtown Richmond Business Hub resulting in 3 new businesses.
• Provided 518 hours of business assistance:
o 19 workshops, total attendance 226;
• Initiated and maintained a comprehensive “Community Resource Directory” providing access to current pandemic-related health orders, safety guidelines, employer obligations, and relief programs;
• Instituted a new E-commerce program in partnership with Square and Renaissance Entrepreneurship Center resulting in:
o 115 hours of one-on-one technical assistance including advising on business licensing, permitting, COVID-19 relief
o Letters of recommendation and business equipment to 92 current and prospective businesses;
• Unveiled the “Heart of Richmond” series, a robust multi-media digital storytelling and social media advertising campaign:
o Showcased 12 diverse business owners, resulting in two businesses being featured in the July 2020 cover story of East Bay Express; • Partnered with Travis Credit Union to launch “Protecting Lives & Livelihoods” campaign in response to the COVID-19 pandemic featuring 4 Downtown vendors and benefitting 17 local businesses:
o 140 Masks distributed,
o 55 Face shields distributed,
o 130 Hand Sanitizers;
• Provided COVID-19 Response, Meal Giveaway Program:
o Contributed 1876 hours of volunteer services and 82,500 meals to Richmond residents;
• Hired 2 Richmond residents as Census 2020 phone bankers to encourage households to complete the census survey and ensure a complete count of our historically undercounted neighborhoods; and
• Promoted and prominently featured 20 Downtown businesses in our Shop Local Safely for Small Business Saturday.