MEETING(S) - (Meetings are virtual)
REGULAR RICHMOND HOUSING AUTHORITY
REGULAR RICHMOND CITY COUNCIL
Tuesday, June 7, 2022, 4:30 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:
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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.
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Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the June 7, 2022, CC Meeting
language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.
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June 7, 2022, CC Meeting
Pages
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.
B. ROLL CALL
C. CLOSED SESSION
.
C.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven Legacy LLC v. City of Richmond, et al.•
C.2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Jaclyn Gross and Anil Comelo•
Employee organizations:
SEIU Local 1021 Full Time Unit and Part Time Unit1.
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units
2. Richmond Police Officers Association RPOA3.
Richmond Police Management Association RPMA4.
IAFF Local 1885.
Richmond Fire Management Association RFMA 6.
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________ June 7, 2022, CC Meeting
F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM
M. HOUSING AUTHORITY CONSENT CALENDAR
M.1. Contract Amendment with Renoir Staffing 14
ADOPT a resolution authorizing a contract amendment for as-needed temporary staffing services with Renoir Staffing, in the amount of $266,000, for a total amount not to exceed $596,000, and extending the term to June 30, 2024 – Richmond Housing Authority (Nannette Beacham 510-621-1300).
N. ADJOURNMENT
_______________________________________________________ June 7, 2022, CC Meeting
O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) U. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
V. OPEN FORUM FOR PUBLIC COMMENT
W. CITY COUNCIL CONSENT CALENDAR
W.1. City Clerk's Office
W.1.a. City Council Meeting Minutes 60
APPROVE the minutes of the regular April 26, and May 3, 2022, Richmond City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).
W.2. City Council
W.2.a. Expand The Terms of Appropriated ARPA Flex Funds for Rydin Road Residents
78 AMEND direction provided by City Council on December 21, 2021, which appropriated $50,000 for flex funds for vehicle repair and servicing, to expand the terms under which these funds can be spent, to be overseen by the Community Development Department - Vice Mayor Eduardo Martinez (510-620-6593).
W.3. Community Development
W.3.a. Extension of Regulatory Agreement for The Summit 81 ADOPT a resolution approving the Amendment to the Amended and Restated Regulatory Agreement with U.S. Reif Sierra Ridge CA L.P., extending the term for an additional 30 years from September 22, 2023, to September 22, 2053 – Community Development Department (Lina Velasco 510-620-6841).
June 7, 2022, CC Meeting
W.4. Finance Department
W.4.a. Sanctuary City Contracting and Investment Policy Ordinance Update 125 RECEIVE a written update regarding the steps taken to ensure compliance with the Sanctuary City Contracting and Investment Policy Ordinance; and APPROVE waivers for Motorola as the only reasonable option, and Westlaw until their contract expires in July 2022 – Finance Department (Delmy Cuellar/Antonio Banuelos/Ofelia Alvarez 510-620-6699).
W.4.b. Investment and Cash Balance Report for the Month of April 2022 134 RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Report for the month of April 2022 – Finance Department (Delmy Cuellar 510-620-6790).
W.4.c. Tax Rate for Tax Override Pension Fund 149
ADOPT an ordinance (second 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).
W.5. Human Resources
W.5.a. Amendments to the City’s Position Control List, Reallocation of Existing Positions, and Appropriation of Associated Funds 153
AMEND the current position control to add Administrative Services Analyst, Human Resources Manager, Management Analyst I/II, and three Maintenance Worker I positions; APPROVE reallocation of Executive Secretary II to Administrative Services Analyst in the Finance Department, and Principal Personnel Analyst to Human Resources Manager in the Human Resources Department; and APPROPRIATE funds for associated wages, salaries, and associated compensation for these positions – Human Resources Department (Anil Comelo/Sharrone Taylor 510-620-6602).
W.6. Library and Community Services
W.6.a. Pacific Library Partnership Grant for Link+. 161 ADOPT a resolution to ACCEPT and APPROPRIATE into the Fiscal Year 2021-2022 budget a Pacific Library Partnership grant for Link+ in the amount of $7,402 – Library and Community Services Department (LaShonda White/Melinda Cervantes 510-620-5452) June 7, 2022, CC Meeting
W.6.b. California State Library Grant 173
ACCEPT and APPROPRIATE the grant of $250,000 from the
California State Library into the Library’s Fiscal Year 2021-2022 budget for the design and procurement of a replacement Bookmobile – Library and Community Services Department (LaShonda
White/Melinda Cervantes 510-620-5452).
W.6.c. California State Library Lunch at the Library summer 2022 grant award
178
ACCEPT and APPROPRIATE a grant of $3,200 from the California State Library for the Lunch at the Library program into the Library’s Fiscal Year 2021-2022 budget – Library and Community Services Department (LaShonda White/Melinda Cervantes 510-620-5452).
W.6.d. Federal Communications Commission Emergency Connectivity Fund Monies for Fiscal Year 2021-2022 and Fiscal Year 2022-2023 183
ADOPT a resolution approving the Library’s request for Emergency Connectivity Funds for the purchase of internet connectivity devices for use by residents; and, if funds are awarded, to ACCEPT and APPROPRIATE into the budget – Library and Community Services Department (LaShonda White/Melinda Cervantes/Christopher Larsen 510-620-5524).
W.6.e. Environmental Workforce Development Training Contract Amendment for the Richmondbuild Program
206
APPROVE a fourth contract amendment with the National
Association of Training and Environmental Consulting (NATEC) International, Inc. to provide additional hazardous materials training classes as part of the RichmondBUILD pre-apprenticeship training program. The contract term will be extended one year, through June 30, 2023. The contract amount will be increased by $14,000, for a total contract amount not to exceed $100,738 – Library and Community Services Department (LaShonda White/Tamara
Walker/Fred Lucero 510-621-1562).
W.6.f. Approve the production agreement addendum #2 with Pyro Spectaculars North Inc. For a fireworks display show on July 3rd at the Marina Bay Park
289
APPROVE the Production Agreement Addendum No. 2 with Pyro Spectaculars North Inc. in the amount of $44,000 to provide a fireworks display show for the City of Richmond on July 3, 2022, at the Marina Bay Park with a term ending date of July 3, 2022 – Library and Community Services Department (LaShonda White/Ranjana Maharaj/Kymberlyn Carson-Thrower 510-620-6789).
June 7, 2022, CC Meeting
W.7. Mayor's Office
W.7.a. Diversity Celebration Month – June 2022 300
PROCLAMATION declaring June 2022 as Diversity Celebration Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.7.b. California State Senate Bill 917 (Support) 303
ADOPT a resolution urging the California State Legislature to enact California State Senate Bill 917 – Mayor’s Office (Mayor Tom Butt 510-620-6503).
W.8. Public Works
W.8.a. First Amendment to a Contract with Hi-Tech Emergency Vehicle Service for Apparatus Repairs
309
APPROVE a first amendment to the contract with Hi-Tech
Emergency Vehicle Services for parts and repair services for police and fire apparatus, extending the term two years through June 30, 2024, and increasing the contract payment limit by $170,000, for a total amount not to exceed $340,000 – Public Works Department (Joe Leach 510-620-5478).
W.8.b. Approve the Purchase of a New Elgin Street Sweeper 352 APPROVE the purchase of a new Elgin street sweeper from Owen Equipment in an amount not to exceed $390,000 – Public Works Department (Joe Leach 510-620-5478).
W.8.c. Proposed Contract with United Site Services of California, Inc. 393 APPROVE a three-year contract in the amount of $75,000, with an additional two-year extension option of $50,000, with United Site Services of California, Inc. to provide and service portable toilets on an as needed basis, with a contract term from July 1, 2022, to June 30, 2025 – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620-6920).
W.8.d. Proposed Contract with Enviroclean Maintenance LCC 426 APPROVE a three-year contract in the amount of $180,000, with an additional two-year extension option of $120,000, with Enviroclean Maintenance LCC janitorial services at City park restroom buildings.
The contract term will be from July 1, 2022, to June 30, 2025 – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510- 620-6920).
June 7, 2022, CC Meeting
W.8.e. Contract for As-Needed Repairs for Street Sweepers 485 APPROVE a two-year contract for as-needed Elgin/Vactor brand street sweeper repairs with Owen Equipment in a total amount not to exceed $80,000 – Public Works Department (Joe Leach 510-620- 5478).
W.8.f. Transportation Development Act (TDA) Grant Contracts with Bike East Bay
515
APPROVE a Transportation Development Act (TDA) grant-funded contract with Bike East Bay to provide two-years of bicycle safety education, in an amount not to exceed $25,000; and a contract with SOS! Richmond to provide one-year of maintenance of the Richmond Greenway in an amount not to exceed $30,000. Bike East Bay contract will have a term starting June 7, 2022, and ending June 7, 2024. SOS! Richmond's contract will have a term starting July 1, 2022, and ending June 30, 2023 – Public Works (Joe Leach/Patrick Phelan 307-8111). This item was continued from the May 3, 2022, meeting.
X. BUDGET SESSION
X.1. Budget Presentation 587
RECEIVE budget presentations from the city manager and the Police and Fire Departments – City Manager’s Office/Finance Department (Shasa Curl 510- 620-6512/ Delmy Cuellar 510-620-6790/ Mubeen Qader 510-412-2077). This item was continued from the May 24, 2022, meeting.
X.2. Receive Update on the Refinancing of the Pension Obligation Bonds (POBs) 627 RECEIVE an update on the refinancing of the 2005 Pension Obligation Bonds – Finance Department (Anil Comelo/Delmy Cuellar 510-620-6600). This item was continued from the May 24, 2022, meeting.
X.3. Acknowledge receipt of Fiscal Year 2022-2023 Proposed Second Draft Budget 631 RECEIVE an update on the draft Fiscal Year (FY) 2022-2023 Annual Operating Budget and Fiscal Year 2022-2027 Five-Year Capital Improvement Plan Budget and provide guidance regarding budget development – City Manager’s Office/Finance Department (Shasa Curl/Delmy Cuellar 510-620-6740).
June 7, 2022, CC Meeting
Y. ITEMS CONTINUED FROM MAY 17, 2022, and MAY 24, 2022
Y.1. Reintroduce an Ordinance (First Reading) to Revise and Amend Richmond Municipal Code Chapter 12.30
755
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). This item was continued from the May 17, 2022, meeting.
Y.2. Private Landowner Encroachments 923
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). This item was continued from the May 17, 2022, and May 24, 2022, meetings.
Y.3. The Segal Group Inc., Classification and Compensation Study 925 DIRECT the city manager to release the Class and Compensation Study to the City Council – Mayor’s Office (Mayor Tom Butt 510-620-6503). This item was continued from the May 17, 2022, and May 24, 2022, meetings.
Y.4. Presentation of Draft Local Roadway Safety Plan 1006 RECEIVE a presentation of the draft Local Roadway Safety Plan; and PROVIDE feedback – Public Works Department (Joe Leach/Patrick Phelan 510-307-8111). This item was continued from the May 24, 2022, meeting.
Y.5. Street Sweeping 1189
DIRECT the city manager to incorporate into the 2022-23 budget funding to provide: new street sweeping signage in neighborhoods that have not previously been signed; repairs/replace existing deteriorated signage in neighborhoods that have previously been signed; sufficient staff and equipment to perform scheduled street sweeping operations in all neighborhoods; and sufficient enforcement staff to issue citations for vehicles not moved on designated street sweeping days and times. AUTHORIZE vehicle towing operations in areas where citations have not provided sufficient motivation for residents to move vehicles – Mayor’s Office (Mayor Tom Butt 510-620-6503).
This item was continued from the May 24, 2022, meeting.
June 7, 2022, CC Meeting
Z. NEW BUSINESS
Z.1. Resolution Authorizing a Sole Source Procurement Process for Selected Specialized Police Department Services
1230
ADOPT a resolution authorizing the city manager to execute reoccurring contracts for Fiscal Years 2022-2023 and 2023-2024 with Contra Costa County and the State of California at an aggregate annual amount of $1,955,724.
Services contracted with Contra Costa County include the following: California Law Enforcement Telecommunications System (CLETS) - $11,000; California Identification Division (CAL ID) - $145,000; Automated Regional Information Exchange System (ARIES) - $50,000; All County Criminal Justice Information System (ACCCJIN) - $23,500; Martinez Detention Facility intake fees - $46,000; alcohol/toxic drug and crime scene evidence analysis - $365,000; Sexual Assault Response Team (SART) examinations - $41,000; annual jail inspection and audit - $1,000; Coroner & Gunshot Residue (GSR) examination and analysis - $10,000; out of state inmate extradition - $4,000; Law Enforcement Training Center - $21,000; Animal Services - $1,004,724; Department of Information Technology - $29,500; East Bay Regional Communication System Authority (EBRCS) - $182,500; the State of California contracted services including Live Scan fingerprinting - $16,500 and University of California Regents - $5,000 – Police Department (Acting Chief of Police Louie Tirona 510-621-1802).
AA. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
AB. ADJOURNMENT
________________________
June 7, 2022, CC Meeting
June 7, 2022
Economic Development
DATE: June 7, 2022
TO: Chair Butt and Richmond Housing Authority Board of
Commissioners
FROM:
Nannette Beacham, Director of the Richmond Housing
Authority (RHA)
Thomas Omolo, Senior Management Analyst
Nicole Lucero, Administrative Aide
Subject:
Contract Amendment with Renoir Staffing
FINANCIAL IMPACT: The cost associated with the contract will be drawn from the Housing Authority’s Public Housing Operating
Subsidy and Capital Fund Grants.
Fiscal Year
(FY)
Account String Amount
2022-2023 44444191-400214 $ 79,800
44545191-400214 $ 53,200
2023-2024 44444191-400214 $ 79,800
44545191-400214 $ 53,200
TOTAL $ 266,000
PREVIOUS COUNCIL
ACTION:
October 5, 2021
STATEMENT OF THE
ISSUE:
Richmond Housing Authority (RHA) staff is requesting
the approval of a contract amendment with Renoir
Staffing for as needed temporary staffing to continue
providing basic services to Richmond Housing Authority
(RHA) residents.
AGENDA
REPORT
June 7, 2022
RECOMMENDED ACTION:
ADOPT a resolution authorizing a contract amendment
for as-needed temporary staffing services with Renoir
Staffing, in the amount of $266,000, for a total amount not to exceed $596,000, and extending the term to June
30, 2024 – Richmond Housing Authority (Nannette
Beacham 621-1300).
DISCUSSION:
Richmond Housing Authority (RHA) is currently working with the Human Resources (HR) department to hire permanent staff. In the interim, RHA continues to require the use of a temporary staffing service agency to respond to maintenance work orders and administrative tasks. The requested contract amendment will allow the RHA to continue its response to these business needs in an efficient and timely manner. Additionally, RHA still faces staffing challenges, and the use of a temporary staffing agency is still needed.
The original procurement for Renoir Staffing involved a Request for Proposal (RFP) process. The RFP sought temporary staffing services in areas of administrative support, technical support, maintenance, property management, human resources, and finance.
On July 16, 2019, the RHA Board approved Renoir Staffing as an approved temporary staffing service provider. The contract was subsequently extended to June 17, 2022.
The Renoir Staffing contract limit is now close to being exhausted, and their services have been satisfactory and are still needed. Therefore, City staff is requesting an increase in the contract payment limit by $266,000, for a new total amount not to exceed $596,000, and to extend the term of the agreement until June 30, 2024.
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Contract Amendment 3
Attachment 3 – Original Contract and Previous Contract Amendment
Reso. No. ____
RESOLUTION NO. ____
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, AUTHORIZING A
CONTRACT AMENDMENT FOR AS-NEEDED TEMPORARY STAFFING SERVICES WITH RENOIR STAFFING IN AN AMOUNT OF $133,000 FOR FISCAL YEAR 22-23, ABD $133,000 FOR FISCAL YEAR 23-24, FOR A TOTAL AMOUNT NOT TO EXCEED $596,000
WHEREAS, Richmond Housing Authority (RHA) owns and manages 244 units of rental housing; and
WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and WHEREAS, the RHA will require the use of temporary staffing services; and WHEREAS, the temporary staffing servicer can support RHA in the areas of administrative support, technical support, maintenance, property management, human resources and finance; and
WHEREAS, after a Request for Proposals (RFP) procurement process Renoir Staffing was approved by the RHA Board of Commissioners as a preferred vendor at their July 16, 2019 meeting.
WHEREAS, after Renoir Staffing became a preferred vendor in 2019, RHA entered into one-year contract with Renoir Staffing for a period beginning June 25, 2019 and terminating June 25, 2020, for a not-to-exceed amount of $150,000. (“Original Contract”); and WHEREAS, RHA subsequently extended the term of its contract with Renoir Staffing until June 27, 2022 (“First Amendment”); and
WHEREAS, RHA subsequently increased the contract’s payment terms by an additional $180,000. (for a not-to-exceed total of $330,000.) (“Second Amendment”); and WHEREAS, RHA now wishes to extend the term of its contract with Renoir Staffing for two years until June 30, 2024; and to increase the yearly payments to $133,000. in FY 22-23 and to $133,000. in FY 23-24 (for a combied amount of $233,000.); for a not-to-exceed contractual total of $596,000. (“Third Amendment”).
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 Executive Director is authorized to enter into a contract amendment for as-needed temporary staffing services with Renoir Staffing in an amount of $133,000 for fiscal year 22-23 and $133,000 for fiscal year 23-24 for a total amount not to exceed $596,000.
BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take all actions necessary to implement this resolution.
*****************
Reso. No. ____
The foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a special meeting thereof held on __________________, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on May 17, 2022.
____________________________________
CLERK OF THE HOUSING AUTHORITY
RICHMOND HOUSING AUTHORITY
CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the Housing Authority of the City of Richmond, California (Authority), and the following named Contractor:
Contractor Name: Renoir Staffing LLC
Street Address: 1301 Marina Village Parkway
City, State, Zip Code: Alameda, CA 94501
Contact Person: Michael Rives, Branch Manager
Telephone: (510) 903-2515 Email: [email protected]
Business License No: 40058471 / Expiration Date:3/26/2022
A California [X ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between Authority and Contractor which was approved by the Board of Commissioners of the Housing Authority of the City of Richmond or executed by the Authority’s Executive Director on June 25, 2019. 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.
Department: Richmond Housing Authority Project Manager: Nannette J. Beacham Project Manager E-mail: [email protected] Project Manager Phone No. 621-1300 P.R. Contract/P.O. No. 4979
Description of Services : Temporary Staffing Services for Richmond Housing Authority Amendment No. 3 modifies the:
X Term and Payment Limit Payment Limit Term Service Plan
Contract Amendment between the Housing
Authority of the City of Richmond and
Amendment No. 3 Contract No. 4979
c:\Authority contract amendment form\EJ (6/17/2015)
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 before any provision of this Contract Amendment will be deemed to take effect.
6. Signatures. These signatures attest the parties’ agreement hereto:
THE HOUSING AUTHORITY FOR THE
CITY OF RICHMOND, CALIFORNIA
By ______________________________
Title: ____________________________
List of Attachments:
1. Amendment Provisions
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1)
should be signed by the Chairperson of the
Board, President or Vice-President and the
Chief Financial Officer, Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313; and
(3) should be accompanied by completed notary
acknowledgment forms)
(Complete the notary acknowledgments
attached hereto)
Contract Amendment between the Housing
Authority of the City of Richmond and
Amendment No. 3 Contract No. 4979
PROVISIONS (TERM AND PAYMENT LIMIT)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is June 25, 2019, and it terminates June 30, 2024 unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ 266,000 . Paragraph 3 of the Original Contract is amended to read as follows:
3. Payment Limit. Authority’s total payments to Contractor under this Contract shall not exceed $ 596,000 ."
The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority’s Executive Director if the total Contract amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total Contract amount is over $10,000.
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RICHMOND, CALIFORNIA,
April 26, 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 The Open Session was called to order at 4:00 by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Nathaniel Bates, Claudia Jimenez, and Melvin Willis.
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Clerk
Title: City Manager
C.2 LIABILITY CLAIMS (Government Code Section 54956.9)
Rodney Williams
Evette Feigel
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
City of Richmond v. Thomas K. Butt
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
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going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
C.5 CONFERENCE WITH LEGAL COUNSEL - ANTICPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One case
C.6 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
2. IFPTE Local 21 Mid-Level Management Unit 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
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
Open Session adjourned to Closed Session at 4:02 p.m. Closed Session adjourned at 6:25 p.m.
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F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:30 p.m. by Mayor Thomas K. Butt via teleconference.
G. 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.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire stated that there was a unanimous vote to proceed with settlement negotiations regarding the liability claims for Rodney Williams and Evette Feigel and direction was given to continue negotiations with labor negotiators.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced that the Solano and Contra Costa County Food Banks would continue to provide Bi-monthly food box distribution at Civic Center parking lot drive through on Thursday, April 28, 2022, from 12 p.m. to 1 p.m. For more information, please contact Denee Evans at 510- 621-1718. Ms. Curl also announced the availability of the Sewer Lateral Grant Program. More information could be obtained by contacting 510-620-6594.
M. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Captain Al Walle reported that between March 22, 2022,and March 25, 2022, officers responded to 7,062 calls for service; two homicides; 29 aggravated assaults; 29 robberies; eight sexual assaults; 54 burglaries; three arsons; and 47 shots fired calls.
N. OPEN FORUM FOR PUBLIC COMMENT
Mark Wassberg spoke against policies and decisions made by the current city council.
Genie Stowers gave comments against agenda Item O.2. to approve a Military Equipment Funding Acquisition.
Naomi Williams gave comments regarding the recent naming of the Juneteenth Underpass in honor of Jerold Hatchett.
Jan Mignone thanked the police department for its assistance in the relocation of a homeless person who lived near the Richmond Veteran's Hall.
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Shawn Dunning stated that people would not call the police because they may not respond to the call and suggested a study be conducted to determine how many crimes go unreported.
O. ITEMS CONTINUED FROM APRIL 19, 2022
O.1 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). This item was continued from the April 19, 2022, meeting.
City Clerk Pamela Christian gave an overview. Jan Mignone, Mark Wassberg, Doris Mason, Madeline Law, Karla Perez, Naomi Williams, Norma gave comments via teleconference. Discussion ensued.
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Gayle McLaughlin
Ayes (4): Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez Noes (3): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, and Mayor Thomas K. Butt
Passed (4 to 3)
Substitute:
Motion by Councilmember Nathaniel Bates
Seconded by Councilmember Demnlus Johnson III
Substitute Motion to approve Map 102C.
Ayes (3): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, and Mayor Thomas K. Butt
Noes (4): Councilmember Claudia Jimenez, Councilmember Gayle McLaughlin, Councilmember Melvin Willis, and Vice Mayor Eduardo Martinez Failed (3 to 4)
O.2 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). This item was continued from the April 19, 2022, meeting.
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Senior Assistant City Attorney Shannon Moore gave an overview. Discussion ensued. Mark Wassberg, Don Gosney, Emily Ross, and Marisol Cantu gave comments via teleconference. A motion was made by Councilmember Bates to introduce the ordinance. The motion failed for lack of a second.
Motion by Councilmember Demnlus Johnson III
Seconded by Councilmember Nathaniel Bates
The item was continued to allow staff to incorporate and study suggestions made and return at a future time with a draft ordinance for consideration.
Ayes (4): Councilmember Nathaniel Bates, Councilmember Demnlus Johnson III, Councilmember Melvin Willis, and Mayor Thomas K. Butt
Noes (1): Vice Mayor Eduardo Martinez
Abstentions (2): Councilmember Claudia Jimenez, and Councilmember Gayle McLaughlin
Passed (4 to 1)
P. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Nathaniel Bates
Seconded by Councilmember Demnlus Johnson III
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)
P.1 City Clerk's Office
P.1.a City Council Meeting Minutes
APPROVE the minutes of the regular April 5, 2022, Richmond City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).
P.2 Finance Department
P.2.a Contract with Charles River Associates
AUTHORIZE first amendment to the contract with Charles River Associates in an amount not to exceed $90,000 for a new total of $130,000 for expert financial advice and analysis as it relates to the City’s Pension Obligation Bonds (POBs), and an independent review of its swaps, derivatives, and bonds - Finance Department. (Anil Comelo/Delmy Cuellar 510-620-6600).
P.2.b Approve Contracts to Provide Underwriter, Swap Advisor, Bond Counsel, and Disclosure Counsel Services for the Pension Obligation Bonds.
APPROVE contracts with Loop Capital Markets and Hilltop Securities to provide Co-underwriter Services in an amount of 0.30 percent of the principal amount (approximately$480,000), and Legal Service Agreements in an amount not to exceed $75,000 each with Jones Hall for
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Bond Counsel and $55,000 with Best Best & Krieger for Disclosure Counsel services - Finance Department (Anil Comelo/Delmy Cuellar 510- 620-6600).
P.3 Human Resources
P.3.a Compensation Adjustment for the City Clerk
APPROVE a salary adjustment for the City Clerk effective March 1, 2022, from $12,201.20/month to
$13,421.32/month (a 10 percent increase) – Human Resources Department (Anil Comelo 510-620-6600).
Q. BUDGET SESSION
Q.1 Budget Presentations
RECEIVE budget presentation from City Attorney, City Clerk, City Manager, and Economic Development Departments – Finance Department (Delmy Cuellar/Mubeen Qader 510-412-2077).
The City Council received budget presentations from the City Attorney, City Clerk, City Manager, and Economic Development Departments.
Councilmembers requested the following information and follow-up: a report regarding the actuarial study related to the budget Cost Pool calculations; obtain outreach and community input on how the remaining $17.1M American Rescue Plan Act (ARPA) funds and how they would be spent; identify where funds would come from for the public bank; and reinstitution of the LEAP Literacy Fair.
Q.2 Receive Update on the Refinancing of the Pension Obligation Bonds (Pobs), and Peer Review Findings of Charles Rivers Associates.
RECEIVE update on the refinancing of the 2005 Pension Obligation Bonds (POBs) and Peer Review Findings - Finance Department (Anil Comelo/Delmy Cuellar 510-620-6600).
Interim Deputy City Manager Anil Comelo gave an overview. Bradley Wendt of Charles Rivers Associates presented a PowerPoint which highlighted the following: Independent Peer Review; Financing Snapshot; City's Bond Issue; City's Interest Rate Swap; Financing Options; Market Outreach; and Issue New Pension Bonds. Discussion ensued.
R. PUBLIC HEARINGS
CONTINUED TO MAY 3, 2022, a public hearing to approve fees for the Master Fee Schedule - Finance Department (Delmy Cuellar 510-620-6740).
S. STUDY AND ACTION SESSION
S.1 Improve Staff Morale
RECEIVE a presentation on ideas to maximize communication, raise employee morale, and to acknowledge the dedication of staff; and provide direction to staff.
Councilmember Melvin Willis (510-412-2050) and Councilmember Claudia Jiménez (510) 620-6565. This item was continued from the March 22, 2022, meeting.
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Continued to the May 24, 2022, City Council meeting.
S.2 Recognition of National Poetry Month
RECEIVE poetry reading from Poet Laureates David Flores and Adriana Avalos in honor of National Poetry Month – Councilmember Melvin Willis (510-412- 2050).
Continued to the May 24, 2022, City Council meeting.
S.3 The Safe Return Project Celebrates its 10th Anniversary PROCLAMATION recognizing the Safe Return Project for Ten Years of Service to Empowering the Formerly Incarcerated - Councilmember Claudia Jiménez (510-629-6565).
Councilmember Jimenez gave an overview.
(10:54 p.m. - A motion by Councilmember Willis to extend the meeting until the conclusion of Item S.3. died for lack of a second. A motion by Councilmember Jimenez, seconded by Councilmember Johnson III, to extend the meeting to discuss items S.3, S.4, and S.5 or until 11:30, passed by the following vote: Ayes:
Councilmembers Bates, Johnson III, Jimenez, McLaughlin, and Vice Mayor Martinez. Noes: Councilmember Willis and Mayor Butt. Absent: None. Abstain:
None.
Safe return Project members Carlos Fernandez Adey Teshager, and Aaron Williams received the proclamation and presented a PowerPoint, which highlighted the following: Recidivism; Prison Admissions; Realignment Legislation (AB109); Civic Engagement; Setting People Free; Contra Costa Racial Justice Coalition; Policy Change; Collective Impact; Richard B.
Empowerment Pathways Fellowship 2018; Grass Roots Organizing; and Safe Return Research.
S.4 Commemorating 50 Years of Service by Sojourner Truth Presbyterian Church
PROCLAMATION recognizing Sojourner Truth Presbyterian Church for 50 Years of Service to the Community – Councilmember Claudia Jimenez (510-620- 6565).
Councilmember Jimenez gave an overview. Pastor Kamal Hassan received the proclamation.
S.5 Update on the Contra Costa County Animal and Sheltering Services 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).
Continued to the May 3, 2022, City Council meeting.
S.6 Update on Cost Recovery and Revenue Enhancement
RECEIVE an update on the Cost Recovery and Revenue Enhancement tracking document and Options for Long-term Fiscal Sustainability; and PROVIDE input to City staff – City Manager’s Office (Shasa Curl/LaShonda White 620-6512).
Continued to the May 3, 2022, City Council meeting.
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S.7 Update on the Transportation Division
RECEIVE a presentation from the Transportation Division to update the City Council and the community on the status of current and upcoming projects - City Council Office (Councilmember Demnlus Johnson III 510-620-6568).
Continued to the May 3, 2022, City Council meeting.
S.8 Process to clean up the City
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).
Continued to the May 17, 2022, City Council meeting.
T. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
U. ADJOURNMENT
There being no further business, the meeting adjourned at 11:24 p.m. to meet again on May 3, 2022.
Clerk of the City of Richmond Mayor
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RICHMOND, CALIFORNIA,
May 3, 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 Open Session was called to order at 4 p.m. by Mayor Thomas K. Butt via teleconference.
B. ROLL CALL
Present: Councilmembers Nathaniel Bates, Demnlus Johnson III, Claudia Jimenez, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmembers Gayle McLaughlin and Melvin Willis.
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957)
Title: City Attorney
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) SPRAWLDEF et al. v. City of Richmond
The Guidiville Rancheria of California, et al. v. The United States of America, et. al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
City of Richmond v. Thomas K. Butt
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three cases:
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching to this agenda four communications regarding the amended judgment and various agreements related to Point Molate. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One case
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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
2. IFPTE Local 21 Mid-Level Management Unit 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.6 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond)Agency negotiator: Alan Wolken Negotiating parties: Richmond GrownUnder negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (Public comment on Closed Session items only)
None.
E. ADJOURN TO CLOSED SESSION
________________________________________________________ Open Session adjourned to Closed Session at 4:03 p.m. Closed Session adjourned at 6:42 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 6:44 p.m. by Mayor Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Councilmembers Nathaniel Bates, Claudia Jimenez, Demnlus Johnson III, Melvin Willis, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent:
Councilmember Melvin Willis was absent the entire meeting.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Items O.4.a., O.5.a. and O.9.c. were continued to the May 17, 2022, City Council meeting.
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K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
Interim City Attorney Dave Aleshire stated there was no reportable action.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported that the Richmond Fire Department and the American Red Cross, in collaboration with the Sound the Alarm Program, would provide and install free smoke alarms to residents on Saturday, May 7, 2022. Residents could request free smoke alarms by calling 510-307-8038.
Ms. Curl also reported that the Martin Luther King Turf Field re-opening event would be soon.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Public Works Director Joe Leach reported the following activities: Neighborhood Dumpster Day; Illegal Dumping; Private Property Abatement; Encampment Abatement; and Graffiti Removal.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:
Deborah Bayer and Sally Tobin gave comments regarding the Point Molate Draft Map.
Naomi Williams stated that there would be a Juneteenth fundraiser event on May 4, 2022, at the Moose Lodge 4660 Appian Way, El Sobrante.
Councilmember Jimenez gave comments in opposition of the possible reversal of Roe vs.
Wade.
Councilmember Bates congratulated Savannah Van Dyke on her Centennial birthday on May 5th.
Leisa Johnson spoke against district map 201, which was adopted by City Council.
Jessi Taran stated residents of Rydin Road would be moved to an unknown location June 2022.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Demnlus Johnson III
Seconded by Councilmember Gayle McLaughlin
Ayes (6): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
O.1 City Attorney's Office
O.1.a Point Molate Legal Services Agreement with Downey Brand and Amendment Related to Claims and Litigation
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APPROVE a third amendment with Downey Brand, for $60,000, for up to $1,010,000, for the Point Molate litigation and claim, and a up to $60,000 legal services agreement (LSA) for Guidiville work – City Attorney’s Office (Dave Aleshire 510-620-6509).
O.1.b Approve second amendment to a legal services agreement with Meyers Nave LLP and request appropriation from the General Fund APPROVE a second amendment in the amount of $215,000 to a legal services agreement with the law firm of Meyers Nave, LLP, for a total amount not to exceed $300,000; APPROPRIATE $215,000 from the general fund to pay for the second contract amendment; RATIFY the first amendment executed by the Vice Mayor; and AUTHORIZE the Vice Mayor to execute the second amendment and any other necessary documents – City Attorney’s Office (Heather McLaughlin 510-620-6509).
Interim City Attorney Dave Aleshire gave an overview. Discussion ensued.
(11:00 p.m. - A motion made by Councilmember McLaughlin, seconded by Councilmember Johnson III, extended to meeting until the end of Item
0.1.b., by the following vote: Ayes: Councilmembers Bates, Jimenez, Johnson III, Martinez, McLaughlin Noes: Mayor Butt. Absent:
Councilmember Willis. Abstain: None).
The following individuals gave comments via teleconference: Leisa Johnson, Don Gosney, Deborah, and Jessi Taran.
Motion by Councilmember Demnlus Johnson III
Seconded by Councilmember Claudia Jimenez
Ayes (4): Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, and Vice Mayor Eduardo Martinez
Noes (2): Councilmember Nathaniel Bates, and Mayor Thomas K. Butt Absent (1): Councilmember Melvin Willis
Passed (4 to 2)
O.2 City Manager's Office
O.2.a Downtown Richmond Property and Business Improvement District (DRPBID) Renewal
ADOPT a resolution authorizing the city manager to execute all documents on behalf of the City of Richmond in support of the renewal of the Downtown Richmond Property and Business Improvement District (DRPBID) – City Manager’s Office (Shasa Curl/Thomas Omolo 510-620- 5560).
Adopted Resolution No. 57-22.
O.3 Finance Department
O.3.a Investment and cash balance report for the month of March 2022
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RECEIVE the City’s Investment and Cash Balance Report for the month of March 2022 – Finance Department (Delmy Cuellar 510-620-6790).
O.3.b Fiscal Year 2021-2022 Third Quarter Budget report and Overtime Report RECEIVE the Fiscal Year 2021-2022 third quarter budget report and the overtime report for the period of July 1, 2021, through March 31, 2022 – Finance Department (Delmy Cuellar/Mubeen Qader 510-412-2077).
O.3.c Write-Off of Uncollectable Richmond Housing Authority Debt APPROVE the write-off of uncollectible Richmond Housing Authority receivables in the amount of $10,442,853 – Finance Department (Anil Comelo/Delmy Cuellar 510-620-6740).
O.3.d Contract for Collection Services
APPROVE a three-year contract with Rash, Curtis & Associates to provide collection services in the Finance Department, with costs for services paid on a contingency fee of revenue collected, with an option to renew the contract for two years based on the same terms if approved by both parties – Finance Department (Delmy Cuellar 510-620-6740/Antonio Banuelos 510-620-6741).
O.4 Human Resources
O.4.a Approve Legal Services Agreements with Three Firms to Perform Confidential Personnel Investigations
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).
Continued to the May 17, 2022, City Council meeting.
O.5 Information Technology
O.5.a Pole License Agreement for Small Cell Sites on City Infrastructure 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).
Continued to the May 17, 2022, City Council meeting.
O.6 Library and Community Services
O.6.a Accept and Appropriate California State Library State-Funded English as a Second Language Service Project Grant Award.
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ADOPT a resolution to accept and appropriate into the Fiscal Year 2021- 2022 budget a California State Library grant, in the amount of $21,700, to support English as a Second Language educational services offered at the library’s literacy services program, LEAP - Library and Community Services Department (Melinda Cervantes 510-620-5452/Abigail Sims- Evelyn 510-307-8082).
Adopted Resolution No. 58-22.
O.7 Mayor's Office
O.7.a CalFresh Awareness Month – May 2022
PROCLAMATION declaring May 2022 as CalFresh Awareness Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.7.b Preservation Month – May 2022
PROCLAMATION declaring May 2022 as Preservation Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.7.c Military Appreciation Month – May 2022
PROCLAMATION declaring May 2022 as Military Appreciation Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620- 6503).
O.7.d Stroke Awareness Month
PROCLAMATION declaring May 2022 as Stroke Awareness Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.7.e Affordable Housing Month – May 2022
PROCLAMATION declaring May 2022 as Affordable Housing Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.7.f Bike Month – May 2022
PROCLAMATION declaring May 2022 as Bike Month in the City of Richmond – Mayor’s Office (Mayor Tom Butt 510-620-6503).
O.8 Police Department
O.8.a Proposed Standing Purchase Order with LN Curtis and Sons APPROVE a standing purchase order with LN Curtis and Sons to purchase police tools, equipment, uniforms, and safety supplies, in a total amount not to exceed $70,000, for a term of three years beginning May 1, 2022, through April 30, 2025, with the option of an additional one (1) year extension – Police Department (Louie Tirona 510-621-1802).
O.8.b Allied Universal Security (AUS) Services Contract Amendment APPROVE a contract amendment with Allied Universal for additional security guard services at 325 Civic Center Plaza to increase the contract amount by $55,000, for a new total payment limit not to exceed $1,064,350, with a term expiring on December 31, 2022 – Police Department (Louie Tirona 510-621-1802).
O.9 Public Works
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O.9.a Engineer’s Report for Fiscal Year 2022-23 for the Hilltop Landscape Maintenance District
ADOPT a resolution approving the Engineer’s Report for Fiscal Year 2022-2023 for the Hilltop Landscape Maintenance District (“HLMD”), declaring the City Council’s intention to increase the annual assessment in the HLMD, and announcing a public hearing about the proposed increased assessment on June 21, 2022, at 6:30 PM – Public Works Department (Joe Leach 510-620-5478/Greg Hardesty 510-620-6920).
Adopted Resolution No. 59-22.
O.9.b Engineer’s Report for Fiscal Year 2022-2023 for the Marina Bay Landscape and Lighting Maintenance District
ADOPT a resolution approving the Engineer’s Report for FY2022-2023 for the Marina Bay Landscaping and Lighting Maintenance District, declaring the City Council’s intention to increase the annual assessment in the Marina Bay Landscaping and Lighting Maintenance District, and setting a public hearing about the proposed increased assessment on June 21, 2022, at 6:30 PM – Public Works Department (Joe Leach 510-620- 5478/ Greg Hardesty 510-620-6920).
Adopted Resolution No. 60-22.
O.9.c Transportation Development Act (TDA) Grant Contracts with Bike East Bay and SOS! Richmond
APPROVE a Transportation Development Act (TDA) grant-funded contract with Bike East Bay to provide two years of bicycle safety education, in an amount not to exceed $25,000. Contract will have a term starting May 3, 2022, and ending May 3, 2024 – Public Works Department (Joe Leach/Patrick Phelan 510-307-8111).
Continued to the May 17, 2022, City Council meeting.
O.9.d Approve a Contract for Repairs to a Loader
APPROVE a contract with Pape Machinery, Inc., for repairs to a John Deere loader (VIN ending 17154), in an amount not to exceed $25,000 – Public Works Department (Joe Leach 510-620-5478).
O.9.e Action Necessary Related to the Vacation and Dedication of a Public Storm Drain Easement Related to the Pinole Point Phase 3 Development ADOPT a resolution to abandon an old, unusable 10’ and 15’ storm drain easement (SDE) owned by the City of Richmond on the property of 6065 Giant Road in the City of Richmond, California in the County of Contra Costa; AUTHORIZE to quitclaim said easement; and ACCEPT the grant of new storm drain easement to be recorded within the same property – Public Works Department (Joe Leach 620-5478).
Adopted Resolution No. 61-22.
O.9.f Approval of Contract for Repairs to a Sweeper
Approve a contract with Owen Equipment for repairs to an Elgin sweeper (VIN ending H3506), in an amount not to exceed $15,000 – Public Works Department (Joe Leach 510-620-5478).
cc03May2022 – ud/prc
O.9.g Large Lot Final Map for the Point Molate Development Area AUTHORIZE the Mayor to sign, and staff to record the large lot final map for the Point Molate Development – Public Works Department (Joe Leach 620-5478).
Adopted Resolution No. 62-22.
P. NEW BUSINESS
P.1 Update on the Transportation Division
RECEIVE a presentation from the Transportation Division to update the City Council and the community on the status of current and upcoming projects - City Council Office (Councilmember Demnlus Johnson III 510-620-6568). This item was continued from the April 26, 2022, meeting.
Councilmember Johnson III presented the item. Denee Evans Transportation Services Manager presented a PowerPoint, which highlighted the following:
Parking Management Strategies; Electric Vehicle Readiness; Electric Vehicle Charging Infrastructure; Transportation Division Rtransit Update; Bikeshare; Drive Electric earth Day Event; Richmond MOVES On-Demand Shuttle Launch; Electric Carshare; miocar; Fleet Electrification. Naomi Williams, Bouakhay Phongboupha, and Ethan Fogg, and Jessi Taran gave comments via teleconference.
Q. PUBLIC HEARINGS
Q.1 Approval of New Fees for the Revised Master Fee Schedule INTRODUCE an ordinance (first reading) establishing certain fees for the proposed Master Fee Schedule - Finance Department (Delmy Cuellar/Antonio Banuelos 510-620-6741).
Antonio Banuelos gave an overview of the proposed updated fees and new fees.
Motion by Councilmember Demnlus Johnson III
Seconded by Vice Mayor Eduardo Martinez
Ayes (6): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
R. BUDGET SESSION
R.1 Budget Presentation
RECEIVE budget presentation from the Richmond City Council, Mayor’s Office, and the Public Works Department – Finance Department (Delmy Cuellar/Mubeen Qader 510-412-2077).
The City Council, Mayor's Office, and Public Works Department presented their budget reports. Discussion ensued. Jessi Taran gave comments via teleconference.
R.2 Acknowledge receipt of Fiscal Year 2022-2023 Proposed First Draft Budget
cc03May2022 – ud/prc
ACKNOWLEDGE receipt of the first draft of the Fiscal Year 2022-2023 Annual Operating Budget and Fiscal Year 2022-2027 Five-Year Capital Improvement Plan Budget and establish the review process and schedule for their review and adoption – City Manager’s Office/Finance Department (Shasa Curl/Delmy Cuellar 510-620-6740).
City Manager, Shasa Curl, Revenue Manager Antonio Banuelos, and Finance Director Delmy Cuellar presented a PowerPoint, which highlighted the following:
FY 2022-23 Budget Development & Key Milestones; General Fund Revenue Assumptions to Date; General Fund Revenue Estimates; General Fund Expenditures; FY 2022-23 Potential Budget Savings; Expenditures not budgeted; Proposed Fy2021-22 Year-End Priorities; and FY 2022-23 Budget Development.
Discussion ensued. Councilmembers requested a report regarding the amount of money allocated to the Cost Pool account and what each department used and a comparison of what the percentage paid was versus what was used.
Motion by Councilmember Demnlus Johnson III
Seconded by Councilmember Gayle McLaughlin
Ayes (6): Councilmember Nathaniel Bates, Councilmember Claudia Jimenez, Councilmember Demnlus Johnson III, Councilmember Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
R.3 Update on Cost Recovery and Revenue Enhancement
RECEIVE an update on the Cost Recovery and Revenue Enhancement tracking document and Options for Long-term Fiscal Sustainability; and PROVIDE input to City staff – City Manager’s Office (Shasa Curl/LaShonda White 620-6512).
This item was continued from the April 26, 2022, meeting.
City Manager Shasa Curl and Interim Library and Community Services Director LaShonda White presented a PowerPoint which highlighted the following:
Management Partners; Budget Strategy Options Maintaining Service Levels; Revenue Enhancements; Voter Required Revenue Strategies; Council-Led Revenue Strategies; City Department Rankings; Potential Ballot Initiatives; Utility Users Tax; 1/2 Cent Sales Tax Measure; and Key November 2022 Election Dates. Discussion ensued. Leisa Johnson and Jessi Taran gave comments via teleconference.
S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
T. ADJOURNMENT
There being no further business, the meeting adjourned at 11:18 p.m., in memory of Evelyn Owens and Jeray Kimbro, to meet again on May 17, 2022.
cc03May2022 – ud/prc
Clerk of the City of Richmond Mayor
June 7, 2022
City Council
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Vice Mayor Eduardo Martinez
Subject:
Expand The Terms of Appropriated ARPA Flex Funds for
Rydin Road Residents
FINANCIAL IMPACT: No further financial impact to the City. These funds were appropriated on December 21, 2021.
PREVIOUS COUNCIL
ACTION:
December 7, 2021 (Item M-4)
December 21, 2021 (Item K-4)
January 25, 2022 (Item U-5)
STATEMENT OF THE
ISSUE:
To assist in relocation efforts, the unhoused communities at Rydin Road were allocated $50,000 in City funds for
vehicle repair and other vehicle-related expenditures.
After consultation with City staff, service providers, and unhoused residents, it is clear that the terms of this
monetary distribution must be made more flexible. By
way of approving this item, the City Council is expanding the terms by which these funds can be allocated by the
City to unhoused residents at Rydin Road.
RECOMMENDED ACTION:
AMEND direction provided by City Council on December
21, 2021, which appropriated $50,000 for flex funds for vehicle repair and servicing, to expand the terms under which these funds can be spent, to be overseen by the
Community Development Department - Vice
Mayor Eduardo Martinez (510-620-6593).
AGENDA
REPORT
June 7, 2022
DISCUSSION:
In accordance with the needs of unhoused residents at Rydin Road, community wishes, and prior direction from City Council, the encampment at Rydin Road should have a clear and timely path toward relocation.
Meanwhile, the critical needs of our unhoused community must be addressed.
Councilmember McLaughlin brought forward an item (Item K-4) to the City Council on December 21, 2021, to allocate some basic resources to the communities at Rydin Road without anyone forced out until and unless a viable relocation has been offered.
In addition, City Council approved a motion from Councilmember McLaughlin after receiving a presentation from City Staff on January 25, 2022, (Item U-5) to authorize staff to consider cash for cars.
City staff has explored multiple avenues for using these funds as previously directed by Council, ultimately finding that one strategy cannot apply wholesale for these funds.
In expanding the scope of these ARPA funds, the City can more directly and efficiently address vehicular, safety, and other basic amenity needs, in service of relocating Rydin Road residents in a timely and humane fashion.
Next steps will include a thorough needs assessment of each resident at Rydin Road, in service of providing relocation needs in a targeted and long-lasting fashion.
This item also reemphasizes that no residents at Rydin Road will be evicted until viable relocation sites are available.
This amended endows the City Community Development Department discretion in the allocation of previously allocated funds to Rydin Road unhoused residents, acknowledging the numerous efforts made by City Staff to secure a cohesive plan for vehicle servicing at Rydin Road.
Extract from the 12/21/21 City Council Meeting Minutes:
K-4. The matter to adopt a resolution in support of an independent Community Advisory Committee (CAC) of housed and unhoused residents, along with community leaders; and approve and appropriate $50,000 of flex funds for repair, preparation for transfer or removal, registration, storage and towing for Recreational Vehicles and vehicles, and for temporary storage of personal belongings, to assist in relocation at Rydin and Castro was presented by Councilmembers McLaughlin and Martinez. Discussion ensued. Interim City Manager Shasa Curl suggested that a fiscal sponsor City assist with the allocation of funds. Staff would proceed with the initial direction and return to a City Council meeting in January to present a report on the process of the distribution of funds. The following individuals gave comments via teleconference: Terry Dunn, Jessi Turan, Lea Murray, Brenda Hector, Maeve Bergman, Linda, Deborah, Ramon Quintana, Naomi Williams,
June 7, 2022
Darin Lounds, Payton Silket, and Amanda Jenkins. Further discussion ensued. A motion was made by Councilmember Jimenez, seconded by Councilmember McLaughlin to allow time for a study and homeless road map plan and that the committee that was created at the last City Council meeting included the unhoused residents in the discussions as part of the decision-making body. Councilmember McLaughlin offered a friendly amendment to include the $50,000 for vehicle needs. The friendly amendment was accepted. Councilmember Martinez offered a friendly amendment that an audit of HCEB was performed by city staff. The friendly amendment was accepted.
Councilmember McLaughlin offered another friendly amendment that the mayor’s new ad-hoc committee work with city staff and the City Attorney’s Office to clarify the roles of the two different ad-hoc committees. The friendly amendment was accepted. The motion passed by the following vote: Ayes: Councilmembers Jimenez, Martinez, McLaughlin, and Willis. Noes: Councilmember Bates and Mayor Butt. Absent: Vice Mayor Johnson III. Abstain: None.
DOCUMENTS ATTACHED:
None.
June 7, 2022
Community Development
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
SUBJECT: Extension of Regulatory Agreement for The Summit FINANCIAL IMPACT: The current property owner of The Summit Apartments has requested an extension of the existing Amended
Regulatory Agreement and Declaration of Restrictive
Covenants for 30 years through September 22, 2053.
Extending the Regulatory Agreement extends the
Project’s eligibility for a Welfare property tax exemption, which results in reduced property tax revenue to the City on an ongoing annual basis. The loss of property tax
revenue to the City in FY 2021-2022 is estimated at
$142,178. The proposed amendment also includes an
increase in the administrator’s fee from $2,000 to $5,000 per year.
PREVIOUS COUNCIL
ACTION:
Prior action by the Richmond Community Redevelopment
Agency in 2010 to approve Regulatory Agreement.
STATEMENT OF THE
ISSUE:
The Summit is a 240-unit privately-owned mixed income
housing development. The City has an Amended
Regulatory Agreement and Declaration of Restrictive
Covenants related to bond financing that expires on
September 22, 2023. The owner has reached out to the
City and would like to extend the Regulatory Agreement
for another 30-year term. No additional funding is being requested of the City as part of the extension.
AGENDA
REPORT
June 7, 2022
RECOMMENDED ACTION: ADOPT a resolution approving the Amendment to the Amended and Restated Regulatory Agreement with U.S.
Reif Sierra Ridge CA L.P., extending the term for an
additional 30 years from September 22, 2023 to
September 22, 2053 – Community Development (Lina
Velasco 620-6841).
DISCUSSION:
In 1993, the former Richmond Community Redevelopment Agency (Agency) issued Multifamily Housing Revenue Bonds (the “Bonds”) and loaned the proceeds to the former owner of The Summit at Hilltop Apartments (the “Project”) to enable acquisition of the 240-unit multifamily housing development. Agency entered into a Regulatory Agreement and Declaration of Restrictive Covenants dated September 1, 1993, to document the affordable housing requirements at the Project (“1993 Agreement”). The Bonds were later fully refunded from a new bond issue by the Agency in 2003. In connection with the 2003 bond refunding, the 1993 Regulatory Agreement was amended in that certain First Amendment to Regulatory Agreement dated August 1, 2003 (“First Amendment”).
In 2010, the current property Owner acquired the Project and at the Owner’s request the Former Regulatory Agreement was replaced with the current Regulatory Agreement to acknowledge the payment in full and retirement of the Bonds and to restate the parties’ respective rights and obligations toward each other and the Project.
The 1993 Agreement and the First Amendment (together “Former Regulatory Agreement”) and the current Regulatory Agreement all require throughout the Term, (i) not less than twenty percent (20%) of the units in the Project to be continuously occupied or held vacant and available for occupancy by Lower Income Tenants (defined as individuals or families with an adjusted income which does not exceed 50 percent of Area Median Income or AMI), and (ii) the rents for one-half of the Lower- Income Units shall be Affordable Rents equal to thirty percent (30%) of fifty percent (50%) of AMI. The Agreements prevent the owner from restricting over twenty-five percent (25%) of the units in the Project to persons whose incomes would permit them to be qualified as Lower-Income without the prior written consent of the Agency.
However, the Administrator (Agency or entity appointed by the Agency) shall have no obligation to monitor compliance by the Owner with the limitation imposed by this sentence.
Summary of Affordable Requirements
In addition, the Agreement requires that not less than twenty percent (20%) of the units in the Project shall be continuously occupied or held vacant and available for occupancy by Low Income Tenants (defined as individuals or families with an adjusted income which does not exceed 50% of AMI). These requirements are in addition to the units required for Lower-Income Tenants; provided, however, that at no time shall the total
June 7, 2022
number of units restricted for either Lower or Low-Income Tenants exceed a total of forty percent (40%) of the units in the Project.
The Agreement has additional provisions facilitating the Agency and Administrator to monitor its terms:
On or about September 22 of each year, the Owner shall recertify the income of the occupants of each Lower-Income Unit by obtaining a completed Certification of Tenant Eligibility in the form attached to the original Agreement as Exhibit B based upon the current income of each occupant of the unit. During the Term, the Owner will rent or lease the Lower -Income Units to Lower - Income Tenants and, if at any time the Owner is unable to rent or lease the Lower- Income Units to Lower -Income Tenants, the Owner will hold the rented Lower - Income Units vacant pending rental or lease to Lower-Income Tenants. The Owner will maintain complete and accurate records pertaining to the Lower - Income Units and will permit any duly authorized representative of the Agency or the Administrator (if not the same as the Agency) to inspect the books and records of the Owner pertaining to the incomes of and rents charged to Lower -Income Tenants residing in the Project.
Except for the Affordable Rent, as applicable, to be paid by one-half of the Lower- Income Tenants, the Owner will not collect any additional fees or payments from such Lower-Income Tenants except security deposits or other deposits or fees required of all similarly situated tenants.
Property Tax Exemption
In California, the Welfare Exemption provides a property tax exemption on property owned by nonprofit organizations and used for religious, hospital or charitable purposes.
Nonprofit corporations or eligible limited liability corporations (LLCs) that own and operate low-income housing are eligible for a Welfare Exemption if they meet all three of the following conditions:
1. The property use is restricted to low-income housing (defined at 80% AMI), by a regulatory agreement, recorded deed restriction, or other legal document;
2. The funds that would have been necessary to pay property taxes are used to maintain the affordability of the housing or to reduce the rents for the units occupied by lower income households of the housing or to reduce the rents for the units occupied by lower income households; and
3. The property receives either state or federal low-income housing tax credits or government financing, or 90 percent (90%) or more of the tenants are qualified low-income tenants.
Income eligibility must be verified annually and only units occupied by hou seholds with incomes at eighty percent ( 80%) of AMI or below and rented at affordable rents are eligible for the annual Welfare Exemption.
June 7, 2022
The City’s Regulatory Agreement is one of the conditions necessary to qualify The Summit Apartments for a Welfare Exemption. The City and David Rosen & Associates (DRA), the City’s finance and development consultant, were informed that the owners do receive and would plan to continue to obtain the Welfare Exemption. Based on the FY 2021-2022 secured property tax bill for the Project provided by the property Owner, the Project received an exemption for $33.44M of the $43.62M in the total property assessment, equivalent to a 76.7 percent reduction in total assessed value and ad valorem property taxes paid by the Project. For FY 2021-2022, at the 1.4595 effective ad valorem tax rate for the Project, this amounts to annual savings of approximately $488,100 to help defray the cost of providing units at an affordable rent.
The City of Richmond receives 0.2851298 percent of the total one percent (1%) County property tax levy, along with a 0.14 percent ad valorem Richmond Pension Tax. As a result, the $33.44M assessed value exemption results in an estimated loss of property tax to the City of $142,178 in FY 2021-2022.
Proposed Amendment
The proposed Amendment to the Amended and Restated Regulatory Agreement would extend the term of the Former Agreement by another 30-years, ending on September 22, 2053, and would include an annual monitoring fee to be paid to the City equal to $5,000 to reimburse the City for its costs of monitoring compliance with the Agreement.
CONCLUSION:
The Summit Apartments provides much needed affordable units in an area of the City where there is a low concentration of affordable units. City staff recommends that the amendment be approved to ensure these units remain affordable for another 30 years.
NEXT STEPS:
If approved, the amendment will be executed and recorded.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Amendment to Amended and Restated Regulatory Agreement (2022) Attachment 3 – Amended and Restated Regulatory Agreement (2003)
Res. No. _____ -1-
RESOLUTION NO.:_______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT TO
AMENDED AND RESTATED REGULATORY AGREEMENT FOR
RESIDENTIAL DEVELOPMENT PROJECT LOCATED AT 3600 SIERRA
RIDGE, RICHMOND, CALIFORNIA 94806
WHEREAS, on or around July 14, 2010, the Richmond Community Development Agency and Prime Richmond Housing Partners, L.P. (“Predecessor Owner ”) entered into that certain Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants (the “Regulatory Agreement”) relating to a multi -family housing development located at 3600 Sierra Ridge, Richmond, California 94806 (the “Project”);
WHEREAS, U.S. REIF Sierra Ridge CA L.P. (“Owner”) currently owns the Project;
WHEREAS, the Regu latory Agreement currently provides that it shall expire on the later of: (i) September 22, 2023; or (ii) the date on which any assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937 terminates;
WHEREAS, pursuant to Regulatory Agreement Section 16, the Regulatory Agreement may be amended by a written instrument executed by the parties or their successors in interest;
WHEREAS, an extension of the Regulatory Agreement needs to be executed with the Owner to extend the Reg ulatory Agreement and preserve the protections it contains for affordable housing at the Project;
WHEREAS, an extension of the Regulatory Agreement needs to be executed with the Owner for the additional purpose of increasing the administrator’s fee from $2,000 to $5,000 per year;
WHEREAS, pursuant to Regulatory Agreement Section 16, the City Council of the City of Richmond (“City”) wishes to delegate authorization to execute an Amendment to the Regulatory Agreement; and
WHEREAS, the City wishes to enter into the proposed Amendment the Regulatory Agreement.
Res. No. _____ -2-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond:
1. Appoints the City Manager, or their designee, as agent to conduct all negotiations, and execute and submi t all documents including, but not limited to the Amendment to Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants , which may be necessary for the completion of the aforementioned amendment.
*******************************
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
(SEAL)
Approved:
_______________________________________
Mayor
Approved as to form:
________________________________________
Interim City Attorney
SMRH:4866-0061-1868.1 -1-
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Successor Agency to Richmond
Community Development Agency
440 Civic Center Plaza
Richmond, CA 94804
Attn: Director
No fee for recording pursuant to
Government Code Section 27383
______________________________________________________________________________
AMENDMENT TO AMENDED AND RESTATED REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
This Amendment to Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants (the “Amendment”) is dated as of May __, 2022, and is executed by and among the SUCCESSOR AGENCY TO THE RICHMOND COMMUNITY DEVELOPMENT AGENCY, a public body, corporate and politic, duly organized and existing under the laws of the State of California (the "Agency") on the one hand and U.S. REIF SIERRA RIDGE CA L.P. (the “Owner”) as successor to PRIME RICHMOND HOUSING PARTNERS, L.P. (the “Predecessor Owner”).
RECITALS
1. WHEREAS, on or around July 14, 2010, the Richmond Community Development Agency and the Predecessor Owner entered into that certain Amended and Restated Regulatory Agreement and Declaration of Restrictive Covenants (the “Regulatory Agreement”) relating to a multi-family housing development located at 3600 Sierra Ridge, Richmond, California 94806 (the “Project”).
2. WHEREAS, pursuant to Regulatory Agreement Section 16, the Agency and Owner desire to further amend the Regulatory Agreement to achieve three purposes: (i) to extend the term for another 30 year term; (ii) to update the applicable addresses for notices; and (iii) to increase the administrator’s fee from the prior amount of $2,000 per year to a current amount of $5,000 per year.
3. WHEREAS, except for the aforementioned amendments, the Agency and Owner wish to reaffirm the Regulatory Agreement such that it remains in full force and effect;
4. WHEREAS, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Agency and Owner hereby agree as follows:
SMRH:4866-0061-1868.1 -2-
AMENDMENTS
1. All terms, phrases, and names in the Regulatory Agreement shall have the same meaning and remain in full force and effect unless otherwise noted in this Amendment.
2. The Regulatory Agreement is hereby amended in the following specific respects, but otherwise is reaffirmed and remains in full force and effect:
a. The defined term “Term” is hereby amended to read as follows:
“Term” means the period beginning on the date hereof and ending on the latter of (a) September 22, 2053; or (b) the date on which any assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937 terminates.
b. Section 17, “Notice,” is hereby amended to read as follows:
Section 17. Notice. Any notice required to be given hereunder shall be given by certified or registered mail, postage prepaid, return receipt requested, at the address specified below, or at such other addresses as may be specified in writing by the parties hereto:
The Agency Successor Agency to the Richmond
Community Development Agency
440 Civic Center Plaza
Richmond, CA 94804
Attention: Director
With a copy to: City of Richmond
440 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
The Owner: U.S. REIF Sierra Ridge CA L.P.
1270 Soldiers Field Road
Boston, Massachusetts 02135
SMRH:4866-0061-1868.1 -3-
c. Section 22, “Administrator’s Fees,” is hereby amended to read as follows:
Section 22. Administrator’s Fees. Commencing on the first anniversary date of this Agreement or, as applicable, any amendments thereto, the Owner agrees to pay, without notice or demand, to the Administrator the annual fee of the Administrator in the amount of five thousand dollars ($5,000). In the event that any Administrator resigns or is terminated by the Agency, then, upon request by the Agency, the Owner agrees to use all reasonable efforts to (i) identify a replacement Administrator acceptable to the Agency, (ii) enter into an administration agreement with the Agency and such replacement Administrator, and (iii) pay the fee set forth above to any such replacement Administrator.
3. Multiple Counterparts. This Amendment may be executed in several counterparts, each of which will be an original and all of which constitute one and the same instrument.
4. Severability. If any provision of this Amendment shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby.
5. Effective Date. This Amendment shall be effective on the date of its recordation in the official records of the County of Contra Costa, California.
SMRH:4866-0061-1868.1 -4-
WHEREFORE, the undersigned have executed this Amendment as of the date first- written above.
AGENCY:
SUCCESSOR AGENCY TO THE
RICHMOND COMMUNITY
DEVELOPMENT AGENCY
By: ___________________
Name: __________________
Title: __________________
OWNER:
U.S. REIF SIERRA RIDGE CA L.P.
By: ___________________
Name: __________________
Title: __________________
Approved as to form and legality:
By: ___________________
Name: __________________
Title: __________________
May 17, 2022
Finance Department
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Delmy Cuellar, Interim Director of Finance
Antonio Banuelos, Accounting Manager
Ofelia Alvarez, Senior Buyer
Subject:
Sanctuary City Contracting and Investment Policy
Ordinance Update
FINANCIAL IMPACT: No fiscal impact
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
On June 5, 2018, the City Council adopted a Sanctuary
City Contracting and Investment Policy Ordinance which
mandates that City staff provide a written update to the City Council.
RECOMMENDED ACTION:
RECEIVE a written update regarding the steps taken to
ensure compliance with the Sanctuary City Contracting
and Investment Policy Ordinance; and APPROVE
waivers for Motorola as the only reasonable option, and Westlaw until their contract expires in July 2022 –
Finance Department (Delmy Cuellar/Antonio
Banuelos/Ofelia Alvarez 620-6699).
AGENDA
REPORT
May 17, 2022
DISCUSSION:
As a Sanctuary City, the City of Richmond is committed to protecting all residents of our community. The goal of the adopted ordinance is to prohibit the City from contracting with any person or entity that provides the United States Immigration and Customs Enforcement (ICE) with any “Data Broker”, “Extreme Vetting” services unless the City Council makes a specific determination that no reasonable alternative exists. The ordinance also prohibits the City from investing in any of these companies and requires the City to include notice of these prohibitions in any Request for Proposals (RFPs), Requests for Qualifications (RFQs), and any construction or other contracting bids. The ordinance also requires that the City provide an annual report to the City Council on its enforcement.
The Finance Department is working with all the City departments on this project. All departments have both reviewed the "Sanctuary City Contracting Ordinance" (Attachment 1 - Ord. 12-18) and completed the Departmental Sanctuary City Compliance Statement (Attachment 2) declaring that their contracts are in compliance with the Ordinance. Any findings or requests for waivers were noted in the Departmental Sanctuary City Compliance Statement.
In addition, all public works, construction bids, requests for qualifications, requests for proposals, or any other solicitation issued by the City are required to include statement below:
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 along with the bid or proposal prior to execution of the contract.
Furthermore, the City Attorney’s office is working to amend all the contract templates to add the statement below:
SANCTUARY CITY CONTRACTING ORDINANCE (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Bidders/Proposers must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal.
Updates should be completed by July.
Impacted Contracts
May 17, 2022
The contracting portion of this ordinance currently impact two existing contracts: one in the Fire and Police Department and one for the City Attorney’s office.
The Fire and Police Department use Motorola brand portable and mobile radios. Radio communication is critical to providing emergency response services to the City of Richmond. Although Motorola is not a prohibited contractor, it recently purchased Vigilant Solutions which is a prohibited contractor. Terminating the contract with Motorola would have a large financial and public safety impact on the City.
The City of Richmond is a member agency of East Bay Regional Communications System Authority (EBRCSA). EBRCSA is a communications system manufactured by Motorola providing interoperability for emergency responders and others on the system in Alameda and Contra Costa counties. EBRCSA entered into agreement with Motorola in 2009 following an RFP conducted by Contra Costa County (#0904-018); and the agreement has been extended through 2017, 2020, and is currently in effect until July 6, 2023.
Red Cloud Inc. is Motorola's exclusive Manufacturer's Representative for all cities within Alameda, Contra Costa, San Mateo, and Marin Counties as well as the City and Country of San Francisco.
In order to remain operable, the Fire and Police Department will need to continue to procure Motorola brand equipment, such as radios, batteries, related equipment, and software updates. Depending on lowest available pricing, sometimes this may require procuring directly with Motorola, or Red Cloud, as their authorized representative for this region.
Thomas-Reuters is a prohibited contractor that owns Westlaw, the online legal research service for lawyers and legal professionals. Westlaw provides 40,000 databases of case law, state and federal statutes, administrative codes, law journals, law reviews, treatises, legal forms, and other information resources that the City Attorney’s Office accesses on a regular basis.
Westlaw does have some competitors that may be able to provide a similar service. When the contract is due for renewal, in July 2022, the City Attorney’s Office will evaluate whether to seek a renewal or seek a viable alternate contractor through an RFP process.
Prohibition on Investment
Implementation of the investment portion of the ordinance includes monitoring of the City’s investments on a regular basis. The investment policy was revised to include the following restriction:
May 17, 2022
In accordance with the Sanctuary City Ordinance 12-18 N.S. Section 4 Prohibition on Investments effective June 5, 2018, the City shall not make any investments in stocks, bonds, securities, or other obligations issued by any provider of Data Broker or Extreme Vetting services to United States Immigration and Customs Enforcement (ICE).
The ordinance also requires the City to adopt a plan with respect to pension fund investments in order to avoid investments in such entities. The City employees are part of the California Public Employees’ Retirement Systems (CalPERS). The City contacted CalPERS and encouraged them to avoid investing in such funds per the City ordinance and investment policy.
COMPLIANCE
City staff will continue to work with all departments to ensure that all their contracts comply with the ordinance. Additionally, City staff is monitoring the City’s investments on a regular basis to confirm that these also conform with the ordinance. During the FY 2020-2021, two contracts were impacted by this ordinance. Although Motorola is not a prohibited contractor, it recently purchased Vigilant Solutions which is a prohibited contractor. As noted above, terminating the contract with Motorola would have a large financial and public safety impact on the City. The contract with Westlaw is due for renewal in July 2022, the City Attorney’s Office will evaluate whether to seek a renewal or seek a viable alternate contractor through an RFP process. City staff recommends that the City Council make a finding that Motorola and Westlaw be granted a waiver given the specific circumstances surrounding each of their contracts with the City.
DOCUMENTS ATTACHED:
Attachment 1 – City of Richmond Ordinance 12-18 - Sanctuary City Contracting Ordinance
Attachment 2 – Departmental Sanctuary City Compliance Statement Attachment 3 – Vendor Sanctuary City Compliance Statement
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, Department Head of the______________________________ Department (hereafter "Department"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). The department understands and agrees that the City shall not enter into a new contract or agreement, nor amend or extend an existing contract or agreement 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”). Department 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."
Department understands that it shall not receive or retain a contract if at the time the Contract is executed, or at any time during the term of the Contract, the contractor provides Data Broker or Extreme Vetting services to ICE.
By executing this Statement, Department certifies that it has complied with the requirements of the SCCO during the 2021 calendar year. If at any time the Department ceases to comply, Department 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.
Department Head
Printed Name: Signature :
Name of Department : Date:
Department SCCO Compliance Statement (Augt2020)
CITY OF RICHMOND
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. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
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)
June 7, 2022
Finance Department
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Delmy Cuellar, Interim Director of Finance
Jerry Chak, Accounting Manager
Subject:
Investment and Cash Balance Report for the Month of
April 2022
FINANCIAL IMPACT: None.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and monthly
Overtime Report for the month of April 2022.
RECOMMENDED ACTION:
RECEIVE the City’s Investment and Cash Balance
Report and monthly Overtime Report for the month of
April 2022 – Finance Department (Delmy Cuellar 510-
620-6790).
DISCUSSION:
The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment AGENDA
REPORT
June 7, 2022
Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the FY2021-2022 Investment Policy.
DOCUMENTS ATTACHED:
Attachment 1 – Investment and Cash Balance Report for April 2022 Attachment 2 – Overtime Report April 2022
Attachment 3 – Overtime Public Safety Report April 2022
Finance Department – Treasury Division
M E M O R A N D U M
To: Mayor and Members of the City Council
From: Delmy Cuellar, Interim Director of Finance
Jerry Chak, Accounting Manager
Date: June 7, 2022
Subject: MONTHLY CASH BALANCES & INVESTMENT REPORT –
April 2022
Enclosed for your information are the Investment Report, Portfolio Summary, and Comparative Cash Report for the month of April 2022 prepared by the City Treasurer pursuant to the statutory requirements of the State of California.
City of Richmond
Overtime by Department
FY 2021-22, April 83% Threshold
ORIGINAL TRANFRS REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD EXPENDED BUDGET USED
GENERAL FUND
Summary
400031 OVERTIME/General 1,050,794 185,187 1,235,982 1,157,022 79,803 94% 400032 OVERTIME/Sworn 8,794,531 705,402 9,499,933 7,100,485 2,399,448 75% TOTAL GENERAL FUND 9,845,326 890,589 10,735,915 8,257,507 2,479,251 77% By Department
12 COMMISSIONS
400031 OVERTIME/General - - 297 (297) - 13 CITY MANAGER
400031 OVERTIME/General - - - - 14 CITY CLERK
400031 OVERTIME/General 20,000 7,400 27,400 22,132 5,268 81% 14 CITY ATTORNEY
400031 OVERTIME/General - - (11) 11 - 16 PLANNING
400031 OVERTIME/General - - 836 (836) - 17 FINANCE
400031 OVERTIME/General 63,473 63,473 34,285 29,188 54% 18 HUMAN RESOURCES
400031 OVERTIME/General - - 374 (374) - 19 POLICE
400031 OVERTIME/General 808,468 808,468 791,887 16,581 98% 400032 OVERTIME/Sworn 5,165,434 5,165,434 3,461,125 1,704,310 67% TOTAL POLICE 5,973,903 - 5,973,903 4,253,012 1,720,891 71% 20 FIRE
400031 OVERTIME/General - - - - 400032 OVERTIME/Sworn 3,629,097 705,402 4,334,499 3,639,361 695,138 84% TOTAL FIRE 3,629,097 705,402 4,334,499 3,639,361 695,138 84% 23 INFRASTRUCTURE & MAINTENANCE OPS
400031 OVERTIME/General 146,943 175,443 322,386 287,452 34,935 89% 24 LIBRARY
400031 OVERTIME/General - - 932 (932) - 25 COMMUNITY SERVICES
400031 OVERTIME/General 9,000 2,344 11,344 18,830 (7,486) 166% 26 INFORMATION TECHNOLOGY
Overtime by Department
FY 2021-22, April 83% Threshold
ORIGINAL TRANFRS REVISED AVAILABLE PCT
APPROP ADJSTMTS BUDGET YTD EXPENDED BUDGET USED
400031 OVERTIME/General 2,910 2,910 - 2,910 0% 36 ECOMOOONOMIC DEVELOPMENT PROGRA - - - 400031 OVERTIME/General - - 7 (7) - TOTAL GENERAL FUND 9,845,326 890,589 10,735,915 8,257,507 2,478,408 77%
NON-GENERAL FUND
By Fund
1012 HILLTOP LANDSCAPE MAINT DIST
400031 OVERTIME/General - - - 18,186 (18,186) 100% 1015 MARINA BAY LNDSCP & LIGHT DIST
400031 OVERTIME/General 25,299 - 25,299 14,017 11,282 55% 1018 RENT CONTROL
400031 OVERTIME/General - - - 1,793 (1,793) 100% 1050 CR-PLANNING & BUILDING
400031 OVERTIME/General 9,500 - 9,500 79 9,421 1% 1055 ENCROACHMENT SVCS
400031 OVERTIME/General - 1,464 1,464 8,224 (6,760) 1205 EMPLOYMENT & TRAINING
400031 OVERTIME/General - - - 241 (241) 1303 KIDS FIRST INITIATIVE
400031 OVERTIME/General - - - 522 (522) 4003 WASTEWATER
400031 OVERTIME/General 8,100 - 8,100 790 7,310 10% 4006 STORMWATER
400031 OVERTIME/General - - - 16 (16) 100% 4404 RHA-NEVIN PLAZA `
400031 OVERTIME/General - 40,000 40,000 32,252 7,748 81% 4405 RHA-NYSTROM VILLAGE
400031 OVERTIME/General - 20,000 20,000 77 19,923 0% 4501-RHA-CENTRAL OFFICE COST CENTER
400031 OVERTIME/General - - - 495 (495) TOTAL NON-GENERAL FUNDS 42,899 61,464 104,363 76,693 27,670 73%
City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 456789 1 0 1 1 1 2 Average
Month July August September October November December January February M arch April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense
ORIGINAL
BUDGET
REVISED
BUDGET
FY2014-15 Overtime - Sworn 3,785,000 4,870,000 418,539 310,828 411,518 387,930 362,156 457,306 306,802 413,622 495,119 474,497 374,031 472,889 4,885,236 100.3% (15,236) 407,103.04 FY2015-16 Overtime - Sworn 4,405,000 4,405,000 382,540 436,305 552,158 475,640 448,527 504,933 515,570 352,041 409,747 373,446 438,424 316,501 5,205,832 118.2% (800,832) 433,819.34 FY2016-17 Overtime - Sworn 3,169,000 3,169,000 313,703 373,243 423,224 469,661 339,483 327,177 348,075 361,458 349,723 365,735 425,407 563,317 4,660,206 147.1% (1,491,206) 388,350.51 FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,165,434 3,433,019 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 167.1% (2,304,825) 478,153.64 FY2020-21 Overtime - Sworn 5,165,434 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,935 103.4% (118,892) 304,327.96 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 3,461,125 67.0% 1,704,309 288,427.04 FY2014-15 Overtime - Sworn 1,570,000 2,770,000 220,307 246,370 307,942 227,121 168,609 219,890 186,372 206,850 283,970 192,245 278,950 292,381 2,831,007 102.2% (61,007) 235,917.27 FY2015-16 Overtime - Sworn 2,704,914 2,708,914 184,361 180,698 234,169 203,104 189,824 205,064 255,662 252,596 174,378 194,054 181,321 238,505 2,493,736 92.1% 215,178 207,811.37 FY2016-17 Overtime - Sworn 2,486,914 2,486,914 268,353 267,582 178,894 164,200 149,136 147,981 227,796 267,960 182,993 246,898 233,383 316,924 2,652,102 106.6% (165,188) 221,008.47 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 3,629,097 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 3,629,097 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.09 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,205 351,463 3,639,351 84.0% 695,148 303,279.24 FY2021-22 TOTAL 8,794,531 6,726,208 692,303 824,803 831,033 775,949 674,982 628,843 667,474 719,790 606,412 678,887 - - 7,100,475 105.6% (374,267) 591,706.29
BUDGET ACTUALS TOTAL
POLICE FIRE
June 7, 2022
Finance Department
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Delmy Cuellar, Interim Director of Finance
Antonio Banuelos, Accounting Manager
Subject:
Tax Rate for Tax Override Pension Fund
FINANCIAL IMPACT: The tax levy on the taxable and personal property located within the Taxing Districts is expected to yield $23.9
million to the City of Richmond’s Pension Tax Override
Fund. While the tax rate is unchanged from the prior
year, the revenue is projected to increase by 3 percent more than revenue realized in the prior fiscal year (an increase of $700,000). The increase is tied to the
forecasted change in Assessed Valuations for Richmond
properties.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The proposed ordinance sets the tax rate for the Tax
Override Pension Fund for Fiscal Year 2022-2023 at 0.14 percent, which is unchanged from the prior fiscal year.
RECOMMENDED ACTION:
ADOPT an Ordinance (second 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 620-6741).
AGENDA
REPORT
June 7, 2022
DISCUSSION:
The proposed ordinance is pursuant to Section 13.16.010 of the Municipal Code of the City of Richmond, which requires the City Council to annually fix the rate for each Taxing District of the City.
The tax rate for the Tax Pension Override upon all taxable real and personal property assessed in the City of Richmond, County of Contra Costa, State of California, for the fiscal year beginning July 1, 2022, and ending June 30, 2023, should be set at 0.14 percent. This rate is unchanged from prior years and is consistent with bond covenants that require the City to charge a maximum rate of 0.14 percent. Proceeds in excess of the bond repayment requirements are applied to relieve the City of qualified pension costs paid by the City’s General Fund.
DOCUMENTS ATTACHED:
Attachment 1 – Ordinance
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF RICHMOND SETTING THE TAX RATE FOR THE TAX OVERRIDE PENSION FUND FOR FISCAL YEAR 2021-2022
WHEREAS, Section 13.16.010 of the Municipal Code of the City of Richmond mandates the City Council to annually fix the tax rate for each revenue district of the City no later than its regular meeting in September; and
WHEREAS, Article 13, Section 1b of the Constitution of the State of California permits the levy of ad valorem tax to pay the interest and redemption charges on any indebtedness approved by the voters prior to July 1, 1978.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does ordain as follows:
Section 1. The rate of City tax upon all taxable real and personal property assessed in the City of Richmond, County of Contra Costa, State of California for the Fiscal Year beginning July 1, 2022, and ending June 30, 2023 is hereby fixed as follows:
FUND TAX RATE
Tax Override Pension 0.1400
Section 2. The tax for said Fiscal Year is hereby levied upon the taxable and personal property located within the Taxing Districts as noted above at said rates as hereinabove fixed.
*****************************
First introduced at a regular meet ing of the City Council of the City of Richmond held on May 17, 2022, and finally passed and adopted at a reg ular meeting held on June 7, 2022, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
June 7, 2022
Human Resources
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Anil Comelo, Interim Deputy City Manager
Subject:
Amendments to the City’s Position Control List,
Reallocation of Existing Positions, and Appropriation of Associated Funds
FINANCIAL IMPACT: The annual fiscal impact for the Administrative Services Analyst salary and benefits is approximately $18,600,
and there are existing funds to cover the salary, wages, and associated compensation in the approved Finance
department budget. Additional appropriation is requested for Human Resources Manager ($14,130), Management
Analyst I/II ($150,703.20), and three Maintenance Worker I positions ($297,756.00) – Respectively, City Manager
Salary Line Item 01131013-400002, Finance Salary Line
Item 01171115-400002, Human Resources Salary Line
Item 01181016-400002, Public Works Salary Line Item
01231031-400003
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council’s approval is required to amend the
City's authorized staffing (i.e., position control list) and appropriate funds for wages, salaries, and associated
compensation.
AGENDA
REPORT
June 7, 2022
RECOMMENDED ACTION:
AMEND the current position control to add Administrative Services Analyst, Human Resources Manager,
Management Analyst I/II, and three Maintenance Worker
I positions; APPROVE reallocation of Executive
Secretary II to Administrative Services Analyst in the
Finance Department, and Principal Personnel Analyst to
Human Resources Manager in the Human Resources
Department; and APPROPRIATE funds for associated
wages, salaries, and associated compensation for these
positions – Human Resources Department (Anil
Comelo/Sharrone Taylor 510-620-6602).
DISCUSSION:
City Council approval is required to amend position control, reallocate positions, and to appropriate funds for associated wages, salaries, and compensation. Human Resources is requesting the amendment of position control and reallocation of one (1) Executive Secretary II position to Administrative Services Analyst position on behalf of the Finance department, reallocation of one (1) Principal Personnel Analyst position to Human Resources Manager position for the Human Resources Department, one (1) Management Analyst I/II position on behalf of the City Manager, and three (3) Maintenance Worker I positions for the Public Works Department. IFPTE Local 21 Mid- Management Union and the City Manager supports these actions.
Finance Department – Administrative Services Analyst
The Interim Director of Finance requested that the Human Resources Department examine the benefits of reallocating the Executive Secretary II position to the Administrative Services Analyst classification. Upon Human Resources’ analysis of the administrative needs of the Finance Department, it was determined that a high level of administrative support is needed. The Administrative Services Analyst job classification combines administrative support and high-level analytical and project management duties. The employee in this role will be able to assist with the day-to-day management of the department while improving efficiency and providing timely and excellent customer service to Finance’s internal and external customers.
Duties will include:
General oversight and management of the office
Provide a variety of general office and administrative support for the Director of Finance and Finance Department divisions
First point of contact for those contacting the Finance Department Supervise temporary/part-time employees as needed
Prepare budget documents
Prepare audit responses
Prepare Council agenda items and act as eScribe liaison
June 7, 2022
Contract administration and oversight
Maintain pertinent administrative files, logs, and databases Point of contact for financial Public Records Act Requests Human Resources liaison
Department Support Representative (DSR) – IT liaison
Project management, as assigned
Administrative duties, as assigned
Reallocating the Executive Secretary II to Administrative Services Analyst aligns with the Finance Department’s goals to improve efficiency and customer service.
Human Resources – Human Resources Manager
The Interim Deputy City Manager is requesting the reallocation of a Principal Personnel Analyst to a Human Resources Manager. The Human Resources department requires a dedicated manager to oversee and facilitate the City’s labor and employee relations programs. In addition to recruitment duties, the current incumbent plans, organizes, and provides support for the employee and labor relations program, participates in negotiations, coordinates employee relations activities, oversees and conducts investigations, assist with facilitating the City’s Return to Work program, and performs other related duties.
City Manager’s Office – Management Analyst I/II
The City Manager is requesting the addition of a Management Analyst I/II position. The employee will support implementing City Council policy and programmatic requests as well as other high-priority projects.
Public Works – Maintenance Worker I (3 positions)
The Public Works Department is in urgent need of three (3) Maintenance Worker I positions. The employees will be part of a team of workers that will be regularly rotated to improve the built environment, manage vegetation overgrowth, and reduce blight throughout the City. The positions will be assigned to various divisions to provide maintenance support when there are temporary staffing shortages or emergencies.
There is a current employment list for this classification.
FISCAL IMPACT:
The annual salary and fiscal impacts figures reflected below are estimates based on the highest salary range and benefits costs projections. The actual salary and benefits costs will be determined on a case-by-case basis for each appointment with application of Human Resources governing documents and Memorandums of Understanding. The annual salary and benefits impacts reflected below are a combination of base salary and projected benefits costs.
June 7, 2022
Administrative Services Analyst:
There will be no negative fiscal impact in the current fiscal year because funding is currently available in the approved Finance budget due to salary savings from the Executive Secretary II and other vacancies. The salary and benefits will be budgeted in subsequent fiscal years. Below is a table that delineates the salary and benefits costs for this reallocation:
The employee will be selected from an existing promotional Administrative Services Analyst employment list. Salary will be determined by the candidate’s base salary in accordance with IFPTE Local 21 – Mid-Management MOU Article 7, Salaries, section
33. Promotion Effect on Rate of Compensation.
Human Resources Manager:
This a currently filled permanent position that will be reallocated and will, therefore, have minimal fiscal impact in the current and subsequent fiscal years. The salary and benefits will be budgeted for in subsequent fiscal years. Below is a table that delineates the salary and benefits cost for this reallocation:
REALLOCATION COST ANALYSIS
Current Monthly
Base Salary Principal Personnel Analyst - Step 5 $10,308.00 Proposed Monthly
Base Salary Human Resources Manager - Step 1 $11,250.00
ANNUAL SALARY PLUS 25% BENEFITS
FISCAL IMPACT AMOUNT $14,130.00
REALLOCATION COST ANALYSIS
Current Monthly Base
Salary Executive Secretary - Step 5 $6,444.00
Proposed Monthly
Base Salary Administrative Services Analyst -Step 5 $7,684.00
ANNUAL SALARY PLUS 25% BENEFITS
FISCAL IMPACT AMOUNT $18,600.00
June 7, 2022
Management Analyst I/II:
There is a fiscal impact in the current and next fiscal year for position. The salary and benefits will be budgeted in subsequent years. Below is a table that delineates the salary and benefits cost for this allocation:
COST ANALYSIS
Proposed Monthly
Base Salary Management Analyst I/II - Step 3 $6,977.00
ANNUAL SALARY PLUS 80% BENEFITS
FISCAL IMPACT $150,703.20
Maintenance Worker I (3 positions):
There is a fiscal impact in the current and subsequent fiscal years. The salaries and benefits will be budgeted in subsequent years. Below is a table that delineates the salary and benefits cost for three (3) Maintenance Worker I positions:
COST ANALYSIS
Proposed Monthly
Base Salary Maintenance Worker I - Step 5 $4,595.00
ANNUAL SALARY PLUS 80% FISCAL
IMPACT $99,252.00
TOTAL ANNUAL COST FOR THREE
MAINTENANCE WORKER I POSITIONS $297,756.00
SUMMARY:
To summarize, the position changes and amendment to position control which would become effective June 7, 2022, are as follows:
Classification Reallocation/Allocation
Current New
Executive Secretary II Administrative Services Analyst
Principal Personnel
Analyst Human Resources Manager
n/a Management Analyst I/II
n/a Maintenance Worker I (3)
NEXT STEPS:
City staff recommends (1) amending the City’s authorized staffing (i.e., position control) to reallocate the Finance Department’s Executive Secretary position to Administrative Services Analyst, reallocate the Principal Personnel Analyst position to Human Resources Analyst, add a Management Analyst I/II position and three Maintenance
June 7, 2022
Worker I positions, and (2) appropriating the associated wages, salaries, and additional compensation for these positions.
There is a current promotional employment list for the Administrative Services Analyst job, and a candidate will be selected from the active promotional employment list. The salary will be granted in accordance with IFPTE Local 21 – Mid-Management MOU Article 7, Salaries, section 33. Promotion Effect on Rate of Compensation.
The incumbent currently in the Principal Personnel Analyst role is on the employment list for Human Resources Manager and will be placed at a step that will grant an increase of at least five percent (5%) in accordance with IFPTE Local 21 – Mid-Management MOU Article 7, Salaries, section 33. Promotion Effect on Rate of Compensation.
There is a current employment list for Management Analyst I, and the list will be certified to the department head to review the employment list.
There is a current employment list for Maintenance Worker I, and the list will be certified to the department head to review the employment list.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution amending current Position Control list
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and
WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective June 7, 2022, the City’s position control is hereby revised as follows:
Department Prior
Classification
New Classification Prior Bargaining
Unit
New Classification
Bargaining Unit
City
Manager
n/a Management
Analyst I/II
n/a IFPTE Local 21 – Mid
Management
Finance Executive
Secretary II
Administrative
Services Analyst
SEIU Local 1021 IFPTE Local 21 – Mid
Management
Human
Resources
Principal
Personnel
Analyst
Human Resources
Manager
IFPTE Local 21 –
Mid Management
IFPTE Local 21 – Mid
Management
Public
Works
n/a Maintenance
Worker I
SEIU Local 1021 n/a
Public
Works
n/a Maintenance
Worker I
SEIU Local 1021 n/a
Public
Works
n/a Maintenance
Worker I
SEIU Local 1021 n/a
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
June 7, 2022
Library and Community Services
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Melinda Cervantes, Deputy Director of Community
Services - Library
Subject:
Accept and Appropriate Pacific Library Partnership Grant for Link+.
FINANCIAL IMPACT: Expenditures will be funded by PLP grant funds. There will be no net additional expense to the General Fund.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The Richmond Public Library has been granted $7,402
from the Pacific Library Partnership (PLP) to support the Link+ lending service.
RECOMMENDED ACTION:
ADOPT a resolution to accept and appropriate into the
Fiscal Year 2021-2022 budget a Pacific Library
Partnership grant for Link+ in the amount of $7,402 –
Community Services Department – Library Division
(LaShonda White/Melinda Cervantes 510-620-5452)
AGENDA
REPORT
June 7, 2022
DISCUSSION:
The Pacific Library Partnership (PLP) has allocated funding for costs related to Link+.
As a PLP library, the Richmond Public Library has been allocated $7,402 for FY 2021- 2022. The Richmond Public Library intends to use these funds to offset the costs of delivery of materials among member libraries.
There are 43 libraries participating in PLP, with nine (9) academic libraries and 34 public libraries. The PLP is a consolidation of four library systems: Bay Area Library and Information System (BALIS), serving Alameda, Contra Costa, and San Francisco Counties; Peninsula Library System (PLS), serving San Mateo County; Monterey Bay Area Cooperative Library System (MOBAC), serving Monterey, Santa Cruz, and San Benito Counties; and Silicon Valley Library System (SVLS), serving Santa Clara County.
The purpose of this consolidated regional system is to improve the services of its constituent member libraries by maintaining existing California Library Services Act (CLSA) programs. The purpose of CLSA is to facilitate equal access to library resources regardless of location, income, or education level, with a specific focus on underserved communities. To achieve this end, funds are made available to member libraries or localized library cooperative systems, under CLSA, for various programs, leading research, and development efforts. This is to ensure that libraries are best positioned to respond to demographic, economic, and cultural changes through innovative and collaborative approaches to programming and services and the enhancement of collective resource building and sharing.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution to Amend Library Budget, FY 2021/22 Attachment 2 – PLP Claim Form
Attachment 3 – PLP FY 2021/22 Organizational Benefits Package
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO
ACCEPT A GRANT FROM THE PACIFIC LIBRARY PARTNERSHIP AND ADJUST APPROPRIATIONS BY $7,402 AND TO ADJUST EXPENDITURES BY $7,402 IN THE FISCAL YEAR 2021-2022 LIBRARY BUDGET.
WHEREAS, subsequent to the adoption of the Fiscal Year 2021-2022 City of Richmond operating budget, the Library was awarded $7,402 from the Pacific Library Partnership, and
WHEREAS, the additional funding of $7,402 will be used towards Link+ delivery costs, and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the 2021-2022 Library Fund Budget is adjusted to add $7,402 to revenue and to add $7,402 to expenditures.
*****************************
(This section to be completed by Clerk’s Office)
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
Benefits Statement of PLP System Participation
Fiscal Year 2021-22
BACKGROUND
The Pacific Library Partnership is a consolidation of four library systems, BALIS (Bay Area Library and Information System), serving Alameda, Contra Costa, and San Francisco Counties; PLS (Peninsula Library System), serving San Mateo County; MOBAC (Monterey Bay Area Cooperative Library System), serving Monterey, Santa Cruz, and San Benito Counties; and SVLS (Silicon Valley Library System), serving Santa Clara County. There are 43 libraries participating in PLP, with 9 academic libraries and 34 public libraries. More information can be found on our PLP website: www.plpinfo.org.
Each PLP library pays a membership participation fee, based on a model adopted in January 2020. The formula for public libraries begins with a base amount, and then applies a tiered amount based on operating budget size. Academic libraries have a tiered scale with no base fee.
SERVICES FOR PUBLIC LIBRARIES
CLSA Funds for Public Libraries
For FY 2021-22, PLP received $566,556 in California Library Services Act (CLSA) funding as allocated by the California Library Services Board to be used for Communication and Delivery.
PLP uses these funds to offset the cost of delivery of materials among member libraries, for maintenance and hosting of the MOBAC and PLP websites, and for the purchase of a shared subscription to Flipster for eight libraries with smaller budgets. The PLP Executive Committee approved allocating the remaining funds back to the public libraries by formula to spend on local needs, including a subscription to enki; networking/broadband costs; limited hardware costs related to CENIC; costs related to Link+; purchasing OverDrive eMaterials in a shared environment; purchases of shared eMaterials in Biblioteca's CloudLibrary; costs related to SimplyE; or purchase of software supporting curbside pickup and remote reference in response to the COVID-19 pandemic.
CENIC Broadband
All PLP public libraries are eligible to join CENIC, a dedicated network for libraries and universities. Libraries apply through a grant process and can be awarded funds to assist in upgrading network servers, routers and infrastructure to connect. Libraries generally connect at speeds between 1G and 10G. More information can be found on the Califa website.
Flipster
Eight public libraries currently participate in a PLP shared subscription to EBSCO’s Flipster. The subscription includes a baseline of 23 shared magazine titles and access to an individual login to the subscription for gathering statistics, as well as related training.
PROGRAMS AND SERVICES FOR ALL LIBRARIES (ACADEMIC AND PUBLIC)
Leadership Programs for Executive and Middle Managers
PLP is very proud of its signature Leadership programs for Library Directors, Assistant Directors, and Mid-Managers. These programs bring together library staff from member libraries to share ideas, issues, and hear and learn from leaders in libraries, government and private sectors. This is an intensive year-long program focusing on improving problem solving skills, providing big picture views of the environment in which libraries operate, and strengthening professional networks.
Staff Development Committee Training Programs
The PLP Staff Development Committee is the only standing PLP committee. Each year it holds two major events: The Spring Workshop and the Future of Libraries one-day conference. The Spring Workshop focuses on library staff development, while the Future of Libraries conference in October focuses on forward-thinking topics. More information can be found on the PLP website at https://www.plpinfo.org/plpsdc/.
Funding for Staff Training
The PLP Executive Committee allocated $10,000 in the FY 2021-22 budget to support staff development initiatives and activities, including workshops and trainings. Funds are available for existing committees, a library or a new working group, if the proposed activity is open to PLP member libraries and posted on the PLP website.
PLP Innovation and Technology Opportunity Grants
The PLP Executive Committee allocates funding annually towards these very popular and successful grants. Grants are typically awarded in two categories: the Innovation and Technology Opportunity Grants and the Grant Replication Program. For FY 2021-22, $100,000 will be available in the Innovation and Technology Opportunity category.
LSTA and IMLS Grants
Toolkits from previous LSTA and IMLS initiatives are available on the PLP website, including the Statewide Student Success Initiative Toolkit (www.plpinfo.org/student- success), the News Literacy Resource Toolkit (http://plpinfo.org/news-literacy- toolkit/), the Cybersecurity Training for Teens Using Minecraft Toolkit (https://www.plpinfo.org/minecraft/) and the Data Privacy Best Practices Toolkit for Libraries (https://www.plpinfo.org/dataprivacytoolkit/).
Additionally, the Data Privacy and Cybersecurity Best Practices Training for Libraries grant will be releasing a train-the-trainer handbook in August 2021, along with train-the-trainer courses and related resources in partnership with LDH Consulting and Lyrasis, data privacy and cybersecurity experts. The IMLS Laura Bush grant, Reimagining School Readiness was awarded to PLP in collaboration with the Bay Area Discovery Museum and the California State Library.
National training will be held for this newly developed toolkit.
Delivery and Courier Services
System membership includes delivery services for library materials so that your residents can return materials to other libraries. In addition to the improved service delivery, economies of scale, and efficiencies gained by the consolidation, your residents can borrow from any public library in Santa Clara, San Mateo, San Francisco, Contra Costa, Alameda, San Benito, Santa Cruz, and Monterey counties. Without system membership, other libraries can impose a non- resident fee on your residents in order to obtain a library card to borrow materials or use their libraries. These courier services allow your residents to return materials to other libraries, and the items will be returned to your library.
The benefits of PLP include:
PLP achieves economies of scale by investing in a set of shared resources in programs and services that will benefit people served by the communities in the four systems.
PLP reduces duplication of effort and redundancies at the administration level as the four systems become one.
PLP facilitates the ability of member libraries to work together to increase the quantity and quality of the services and programs for the people in this broader geographical area.
PLP provides, facilitates, and fosters advocacy at the local, state and federal level on issues of interest to member libraries.
PLP serves as a liaison and a communication conduit to the State Library and the California Library Services Board.
PLP enables each member to be more responsive to the changing needs and expectations of its community.
PLP allows member libraries to have a stronger, more effective and unified voice.
PLP capitalizes on the talents and competencies of a larger group of member library staff and increases the opportunity to share and learn from each other.
PLP collaborates to invest in research and development of new initiatives and pool resources to support development of these initiatives.
PLP is an investment in a common administrative infrastructure.
PLP extends the network and communities of practices among the people who work in the member libraries.
PLP provides the structure and support for member libraries with common interests to communicate and share in a broader geographical arena.
Pacific Library Partnership Member Libraries
Peninsula Library System (PLS)
Burlingame Public Library San Mateo County Library
Daly City Public Library San Mateo Public Library
Menlo Park Public Library South San Francisco Public Library Redwood City Public Library San Mateo County Community College District San Bruno Public Library
Bay Area Library and Information System (BALIS)
Alameda County Library Livermore Public Library
Alameda Free Library Oakland Public Library
Berkeley Public Library Pleasanton Public Library
Contra Costa County Library Richmond Public Library
Hayward Public Library San Francisco Public Library
Silicon Valley Library System (SVLS)
Los Gatos Public Library San Jose Public Library
Mountain View Public Library Santa Clara City Library Palo Alto City Library Santa Clara County Library District Sunnyvale Public Library
Monterey Bay Area Cooperative Library System (MOBAC)
Cabrillo Community College Library
California State University Monterey Bay Library
Gavilan Community College Library
Harrison Memorial Library
Hartnell Community College Library
Monterey County Free Libraries
Monterey Institute of International Studies Library
Monterey Peninsula College Library
Monterey Public Library
Naval Postgraduate School, Dudley Knox Library
Pacific Grove Public Library
Salinas Public Library
San Benito County Free Library
San Juan Bautista–Carl Martin Luck Memorial Library
Santa Cruz City-County Library System
UC Santa Cruz University Library
Watsonville Public Library
Source of Budget Numbers: FY 18/19 Operating Expenditure reported to State Library - each year will use latest numbers sent to State Library PUBLIC LIBRARIES FORMULA:
Base fee plus amount based on reported operating expenditure Base fee $5,641
Total Operating Budget Amount Total
Under $500,000 $750 (no base fee) $750
Up to $999,999 $2,000 $7,641
$1M - $1,999,999 $3,000 $8,641
$2M - $2,999,999 $4,000 $9,641
$3M - $3,999,999 $5,000 $10,641
$4M - $4,999,999 $6,000 $11,641
$5M - $5,999,999 $10,000 $15,641
$6M - $6,999,999 $11,000 $16,641
$7M - $7,999,999 $12,000 $17,641
$8M - $8,999,999 $13,000 $18,641
$9M - $9,999,999 $14,000 $19,641
$10M - $14,999,999 $20,000 $25,641
$15M - $19,999,999 $22,000 $27,641
$20M -$29,999,999 $25,000 $30,641
$30M+ $30,000 $35,641
Total Operating Budget Total
Up to $999,999 $1,500
$1M - $1,999,999 $2,000
$2M - $2,999,999 $3,000
$3M - $3,999,999 $4,000
$4M - $4,999,999 $5,000
PLP Membership Fee Schedule for FY 2021/22
PUBLIC LIBRARIES
Formula (adopted in 2020)
ACADEMIC LIBRARIES
ACADEMIC LIBRARIES FORMULA:
Based on Library Budget Size
Library Amount
Alameda County Library $35,641
Alameda Free Library $11,641
Berkeley Public Library $27,641
Burlingame Public Library $15,641
Cabrillo College Library $2,000
Contra Costa County Library $35,641
CSU Monterey Bay Library $2,000
Daly City Public Library $10,641
Gavilan College Library $1,500
Harrison Memorial Library - Carmel $8,641
Hartnell College Library $1,500
Hayward Public Library $15,641
Livermore Public Library $15,641
Los Gatos Public Library $9,641
Menlo Park Public Library $10,641
Monterey County Free Libraries $19,641
Middlebury Institute of International Studies $1,500
Monterey Peninsula College Library $1,500
*Monterey Public Library $8,641
Mountain View Public Library $15,641
Naval Post Graduate School Library $5,000
Oakland Public Library $35,641
Pacific Grove Public Library $8,641
*Palo Alto City Library $18,641
Pleasanton Public Library $11,641
Redwood City Public Library $19,641
Richmond Public Library $15,641
Salinas Public Library $11,641
San Benito County Library $8,641
San Bruno Public Library $9,641
San Francisco Public Library $35,641
San Jose Public Library $35,641
San Juan Bautista Public Library $750
San Mateo County Community College District $3,000
San Mateo County Library $30,641
San Mateo Public Library $17,641
Santa Clara City Library $25,641
Santa Clara County Library $35,641
Santa Cruz Public Libraries $25,641
South San Francisco Public Library $15,641
Sunnyvale Public Library $19,641
UC Santa Cruz Library $5,000
Watsonville Public Library $10,641
TOTAL $656,903
FY 2021-22 PLP Membership Fees
June 7, 2022
Library and Community Services
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Melinda Cervantes, Interim Deputy Director of
Community Services – Library
Janelle Van Hook, Librarian II
Christopher Larsen, Librarian II
Subject:
Accept and Appropriate a $250,000 California State
Library Stronger Together Grant for Design and
Procurement of Replacement Bookmobile
FINANCIAL IMPACT: Required cash match will be funded by Library Impact Fee. No impact on the General Fund.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
The Richmond Public Library has been awarded
$250,000 by the California State Library for the design and procurement of a new Bookmobile.
RECOMMENDED ACTION:
ACCEPT and APPROPRIATE the grant of $250,000 from
the California State Library into the Library’s Fiscal Year 2021-2022 budget for the design and procurement of a
replacement Bookmobile – Library (Melinda Cervantes
620-5452).
AGENDA
REPORT
June 7, 2022
DISCUSSION:
The Richmond Public Library applied for, and has been awarded, $250,000 by the California State Library for the design and procurement of a replacement Bookmobile.
The Bookmobile provides mobile library services to children and families in Richmond, with an emphasis on preschools, elementary schools, and summer lunch sites. The present Bookmobile has been in service since 1993 and is ineligible for registration renewal in January 2023, unless the engine is replaced. The approved grant budget will allow the Richmond Public Library to contract with a consultant for the design and procurement of a replacement Bookmobile to continue the tradition of mobile library outreach for the future.
The Library will fund the required cash match from the Library Impact Fee. Additional matching funds for collections and equipment are funded by existing appropriations for those purposes.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Award Letter
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO
ACCEPT A GRANT FROM THE CALIFORNIA STATE LIBRARY, ADJUST APPROPRIATIONS BY $250,000, AND ADJUST EXPENDITURES BY $250,000 IN THE FISCAL YEAR 2021-2022 LIBRARY BUDGET
WHEREAS, subsequent to the adoption of the Fiscal Year (FY) 2021-2022 City operating budget, the California State Library awarded the Richmond Public Library $250,000; and
WHEREAS, this grant funding will enable the Richmond Public Library to design and procure a new Bookmobile for service to Richmond children and families.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the FY 2021-2022 Library Budget is adjusted to add $250,000 to revenue and to add $250,000 to expenditures.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
In Process
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
April 25, 2022
Melinda Cervantes, Interim Deputy Director of Community Services - Library City of Richmond
Richmond Public Library
325 Civic Center Plaza
Richmond, CA 94804
Dear Interim Deputy Director of Community Services - Library Cervantes:
We are pleased to approve the grant application for the A New Bookmobile for Richmond Kids project for a total of $250,000 in state grant funds.
Hard copies of this correspondence will not follow. Keep the entirety of the correspondence for your files and consider these award materials your original documents.
Upon receipt of a completed claim form that is free of errors or inaccurate information, the State Library processes it for routing to the Office of the State Controller which ultimately issues the check. The total time for the claim form to be processed, routed, payment issued, and mailed can be up to eight weeks, but is often a shorter timeframe. If you still have not received payment after eight weeks, please contact your grant monitor.
The Grant Monitor assigned to your project is Robyn McCreight. She is available to assist you throughout the year and can be reached via email at [email protected].
Please stay in touch with your Grant Monitor throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
Cc:
Janelle Van Hook, Librarian II
[email protected]
DocuSign Envelope ID: C4BCB8DE-305B-47DB-96E5-0321E8FE29F9
In Process
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.
Award #: ST-OOST-21-15
Library/Organization: City of Richmond
Project Title: A New Bookmobile for Richmond Kids
Award Amount: $250,000
APPROVED BUDGET
Personnel $ 0
Consultant Fees $ 19,100
Travel $ 0
Supplies/Materials $ 0
Equipment ($5,000 or more per unit) $230,900
Services (contracted) $ 0
Project Total $250,000
Indirect Cost $ 0
Grant Total $250,000
Start Date: Execution of this agreement
End Date: 3/31/2024
Please understand that it can take from six to eight weeks before grant funds are delivered.
If you have not received your payment after eight weeks, please contact your grant monitor.
REPORTING
Stronger Together: Out of School Time participants are required to provide bi-annual financial and narrative reports as outlined in the grant terms and conditions (8/1/2022, 1/31/2023, 7/31/2023); final financial and narrative reports by 4/30/2024; and updates upon request.
Reports will be submitted to your grant monitor, Robyn McCreight, by email at [email protected].
PAYMENTS
Please note this clarification regarding payments. Grant payments will be ma de based on the payment schedule laid out in the Grant Term and Award Documentation. Ten percent (10%) of the full grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant terms and conditions.
CONTACT
We want your project to be successful. Please work with the grant monitor and project consultant in implementing your project:
Grant Monitor: Robyn McCreight
Monitor Phone Number: 916-603-6716
Monitor Email Address: [email protected]
Project Consultant Chris Durr
Consultant Email Address [email protected]
DocuSign Envelope ID: C4BCB8DE-305B-47DB-96E5-0321E8FE29F9
June 7, 2022
Library and Community Services
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Melinda Cervantes, Interim Deputy Director of
Community Services – Library
Susan White, Librarian II
Subject:
Accept and appropriate California State Library Lunch at the Library summer 2022 grant award
FINANCIAL IMPACT: No impact on General Fund.
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Richmond Public Library has been granted $3,200
by the California State Library to support Lunch at the Library programs during summer 2022.
RECOMMENDED ACTION:
ACCEPT and APPROPRIATE a grant of $3,200 from the
California State Library for the Lunch at the Library
program into the Library’s Fiscal Year 2021-2022 budget – Library and Community Services Department (Melinda
Cervantes 620-5452).
DISCUSSION:
The Richmond Public Library has been awarded $3,200 by the California State Library to support the Lunch at the Library program in Richmond during summer 2022. The Lunch at the Library program helps libraries provide programming at free summer meal sites and deliver books to children. The Richmond Public Library will use this funding to AGENDA
REPORT
June 7, 2022
purchase books to distribute to children at summer meal sites, provide STEM activity kits, and hire a performer or storyteller.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – LatL Award letter
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO
ACCEPT A GRANT FROM THE CALIFORNIA STATE LIBRARY, ADJUST APPROPRIATIONS BY $3,200 AND TO ADJUST EXPENDITURES BY $3,200 IN THE FISCAL YEAR 2021-2022 LIBRARY BUDGET.
WHEREAS, the California State Library provides funding through the Lunch at the Library program to support literacy programs and book distribution at free summer meal sites; and
WHEREAS, subsequent to the adoption of the Fiscal Year 2021-2022 City of Richmond operating budget, the Richmond Public Library was awarded $3,200 to support literacy programs and book giveaways at local summer meal sites; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that that the Fiscal Year 2021-2022 Library Budget is adjusted to add $3,200 to revenue and to add $3,200 to expenditures.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
2 To: Susan White <[email protected]>
Subject: Lunch funding for 2022 and Deadline for Budget April 4 at 4PM
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.
Greetings!
Thank you for being a part of Lunch at the Library this summer. I am pleased to notify you that City of Richmond will receive $3,200 in state funds to support all Lunch at the Library efforts this summer.
Important: To receive these funds we need you to complete the budget form (https://www.library.ca.gov/wp- content/uploads/2022/03/LATL-Budget-Insert-Jurisdiction-Name.xlsx). To submit the Excel form, log back in at the Wizehive Web portal using the same credentials used for the application. You will now see the option to upload your budget (in an Excel format) and complete the brief form on your budget fields. Remember, the total amount you submit (on the form and on the Excel file you upload) must match your funding amount ($3,200).
Please submit the budget information via the Wizehive Web portal (https://webportalapp.com/sp/login/lunch2022) as soon as possible but no later than April 4 at 4:00 PM.
While signed into the Web portal, please also update your application to reflect any changes since you submitted your application. These changes do not affect funding amounts but it is beneficial for you to let us know. Modifications include changing tentative & speculative pop-ups/Library-based meal sites to confimed or switching a Library-based meal site to a pop-up site.
If you have any questions on completing the budget, or anything else requested in this email, please reach out to CSL's grants analyst for Lunch at the Library (Lisa Lindsay) using the email [email protected] or by calling 916.603.6708.
__
Lisa Lindsay, Grants Analyst
[email protected] / 916.603.6708
You don't often get email from [email protected]. Learn why this is important
May 17, 2022
Library and Community Services
DATE: May 17, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Melinda Cervantes, Interim Deputy Director of
Community Services – Library
Christopher Larsen, Librarian II
Subject:
Accept and Appropriate Any Federal Communications
Commission Emergency Connectivity Fund Monies That
May Be Awarded Into the FY 2021-2022 And FY 2022-
2023 Library Budget
FINANCIAL IMPACT: If awarded, the funds would positively affect the Library’s budget for the purchase of internet connectivity devices for use by residents. No impact on General Fund.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff members are seeking City Council approval to Accept and Appropriate into the budget any Federal
Communications Commission Emergency Connectivity
Fund that may be awarded to the Library for purchase of internet connectivity devices for use by Library patrons.
RECOMMENDED ACTION:
ADOPT a resolution approving the Library’s request for
Emergency Connectivity Funds for the purchase of
internet connectivity devices for use by residents; and, if funds are awarded, to ACCEPT and APPROPRIATE into
the budget – Community Services, Library (Melinda
Cervantes/Christopher Larsen 510-620-5524).
AGENDA
REPORT
May 17, 2022
DISCUSSION:
The Federal Communications Commission (FCC) has offered funding through the Emergency Connectivity Fund (ECF) for the purchase of internet connected devices by libraries for the use of residents. The Richmond Public Library has applied for funding to purchase laptops, tablets, Wi-Fi hotspots, modems to make the Library’s Book Van a mobile hotspot, and service for the devices. All purchased devices are to enhance internet connectivity for residents while away from Library buildings, in accordance with the requirements of the ECF. The FCC has recently extended the service period for the use of funds to June 2023.
City staff members are seeking City Council approval to accept and appropriate into the budget any funds which may be awarded. To date, 23 applications have been submitted totaling approximately $11,128,162 in funding requests.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – FCC ECF Certified Application
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO
ACCEPT AND APPROPRIATE FEDERAL COMMUNICATIONS COMMISSION EMERGENCY CONNECTIVITY FUND MONIES IF AWARDED INTO THE 2021-2022 AND 2022-2023 LIBRARY BUDGET.
WHEREAS, the Federal Communications Commission created the Emergency Connectivity Fund in 2021 to cover the reasonable costs of laptop and tablet computers; Wi-Fi hotspots; modems; routers; and broadband connectivity purchases for off-campus use by library patrons; and
WHEREAS, staff at the Richmond Public Library applied for Emergency Connectivity Fund monies to support the expansion of device lending and connectivity for Richmond residents and library patrons; and
WHEREAS, the Federal Communications Commission has recently extended the period of covered service through June of 2023.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that if awarded Emergency Connectivity Fund monies will be accepted and appropriated accordingly into the 2021-2022 and 2022-2023 Library Budget.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
OMB 3060-1286 Approval by OMB
FCC Form 471
Description of Services Ordered and Certification Form 471 Emergency Connectivity Fund FCC Form 471
Application Information
Nickname Access for Richmond
Application Number ECF202115284
Funding Year 2021
Billed Entity
RICHMOND PUBLIC LIBRARY
325 CIVIC CENTER ST RICHMOND CA 94804 - 1701
510-620-6555
[email protected]
Billed Entity Number 144238
FCC Registration Number 0001540905
Applicant Type Library System
Contact Information
Christopher P Larsen
510-620-5524
[email protected]
Entity Information
BEN Name Total Square Footage Urban or Rural
144238 RICHMOND PUBLIC LIBRARY 10500 Urban
Funding Request for FRN #ECF2190024738
Funding Request Nickname Laptops
Service Type Equipment
Agreement (Contract) Type Non-Contracted
Service Provider TechSoup
What is the service start date? September 01, 2021
When will the services end? June 30, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
Narrative Additional refurbished laptops to be provided to library patrons, supporting the need for connectivity away from the library.
FRN Calculation
Total Recurring Charges $0.00
Total One-Time Charges + $12,495.00
Total Charges = $12,495.00
Equipment Detail - ID # 1
Type of Product Laptops
Make Dell
Model Latitude E6440
Total Quantity 35
Total Cost $12,495.00
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $0.00
Monthly Quantity x 0
Months of Service x 0.00
Total Recurring Costs = $0.00
One-Time Cost
One-Time Unit Cost $357.00
One-Time Quantity x 35
Total One-Time Costs = $12,495.00
Summary
Total Cost $12,495.00
Funding Request for FRN #ECF2190024760
Funding Request Nickname Book Van Hotspots
Service Type Equipment
Agreement (Contract) Type Non-Contracted
Service Provider Rhino Networks
What is the service start date? September 01, 2021
When will the services end? June 30, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
Narrative Two hotspots to allow existing Library Book Van to serve as a mobile hotspot for neighborhoods within Richmond. Cost includes cloud management Advanced license to allow CIPA-compliant filtering.
FRN Calculation
Total Recurring Charges $0.00
Total One-Time Charges + $3,540.56
Total Charges = $3,540.56
Equipment Detail - ID # 1
Type of Product Modem/Router combined
Make Meraki
Model MX68CW
Total Quantity 2
Total Cost $3,540.56
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $0.00
Monthly Quantity x 0
Months of Service x 0.00
Total Recurring Costs = $0.00
One-Time Cost
One-Time Unit Cost $1,770.28
One-Time Quantity x 2
Total One-Time Costs = $3,540.56
Summary
Total Cost $3,540.56
Funding Request for FRN #ECF2190024793
Funding Request Nickname Service for Book Van Hotspot
Service Type Services
Agreement (Contract) Type Contract
Service Provider Verizon Business Global LLC
What is the service start date? September 01, 2021
When will the services end? June 30, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
New Construction or
Self-Provisioned Network Key
Information
No
Narrative Data service to enable WiFi Book Van service supporting Richmond neighborhoods.
FRN Calculation
Total Recurring Charges $3,699.90
Total One-Time Charges + $0.00
Total Charges = $3,699.90
Service Detail - ID # 1
Type of Connection Mobile Broadband
Bandwidth Download 100.000 Mbps
Bandwidth Upload 20.000 Mbps
Firewall Included Yes
Total Quantity 1
Total Cost $3,699.90
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $369.99
Monthly Quantity x 1
Months of Service x 10.00
Total Recurring Costs = $3,699.90
One-Time Cost
One-Time Unit Cost $0.00
One-Time Quantity x 0
Total One-Time Costs = $0.00
Summary
Total Cost $3,699.90
Funding Request for FRN #ECF2190024834
Funding Request Nickname Service for Book Van Hotspot
Service Type Services
Agreement (Contract) Type Contract
Service Provider AT&T Corp
What is the service start date? September 01, 2021
When will the services end? June 30, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
New Construction or
Self-Provisioned Network Key
Information
No
Narrative Service for second hotspot on Book Van, providing redundant service to overcome 'deadzones'.
FRN Calculation
Total Recurring Charges $3,696.60
Total One-Time Charges + $0.00
Total Charges = $3,696.60
Service Detail - ID # 1
Type of Connection Mobile Broadband
Bandwidth Download 100.000 Mbps
Bandwidth Upload 20.000 Mbps
Firewall Included No
Total Quantity 1
Total Cost $3,696.60
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $369.66
Monthly Quantity x 1
Months of Service x 10.00
Total Recurring Costs = $3,696.60
One-Time Cost
One-Time Unit Cost $0.00
One-Time Quantity x 0
Total One-Time Costs = $0.00
Summary
Total Cost $3,696.60
Funding Request for FRN #ECF2190024852
Funding Request Nickname WiFi Service for Tablets
Service Type Services
Agreement (Contract) Type Contract
Service Provider Verizon Business Global LLC
What is the service start date? September 01, 2021
When will the services end? June 30, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
New Construction or
Self-Provisioned Network Key
Information
No
Narrative This will provide internet service for Samsung tablets which are to be used as browsers and e- readers away from the library.
FRN Calculation
Total Recurring Charges $10,000.00
Total One-Time Charges + $0.00
Total Charges = $10,000.00
Service Detail - ID # 1
Type of Connection Mobile Broadband
Bandwidth Download 500.000 Mbps
Bandwidth Upload 100.000 Mbps
Firewall Included Yes
Total Quantity 25
Total Cost $10,000.00
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $40.00
Monthly Quantity x 25
Months of Service x 10.00
Total Recurring Costs = $10,000.00
One-Time Cost
One-Time Unit Cost $0.00
One-Time Quantity x 0
Total One-Time Costs = $0.00
Summary
Total Cost $10,000.00
Funding Request for FRN #ECF2190024911
Funding Request Nickname Tablets for Richmond
Service Type Equipment
Agreement (Contract) Type Non-Contracted
Service Provider TechSoup
What is the service start date? September 01, 2021
When will the services end? June 30, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
Narrative Refurbished internet-connected Samsung tablets will provide Richmond library patrons with access to the Internet as well as the Library's e-resources, including its extensive OverDrive e- book and e-audiobook collection.
FRN Calculation
Total Recurring Charges $0.00
Total One-Time Charges + $7,475.00
Total Charges = $7,475.00
Equipment Detail - ID # 1
Type of Product Tablets
Make Samsung
Model Galaxy Tab S3
Total Quantity 25
Total Cost $7,475.00
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $0.00
Monthly Quantity x 0
Months of Service x 0.00
Total Recurring Costs = $0.00
One-Time Cost
One-Time Unit Cost $299.00
One-Time Quantity x 25
Total One-Time Costs = $7,475.00
Summary
Total Cost $7,475.00
Funding Request for FRN #ECF2190024936
Funding Request Nickname Expanding hotspot access
Service Type Equipment
Agreement (Contract) Type Non-Contracted
Service Provider TechSoup
What is the service start date? September 01, 2021
When will the services end? June 30, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
Narrative Additional hotspots to expand the Library's hotspot lending service, allowing Library patrons to connect Library-provided or own devices to the internet. CIPA filter will be included.
FRN Calculation
Total Recurring Charges $0.00
Total One-Time Charges + $220.00
Total Charges = $220.00
Equipment Detail - ID # 1
Type of Product Wi-Fi hotspots
Make Franklin
Model T9
Total Quantity 11
Total Cost $220.00
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $0.00
Monthly Quantity x 0
Months of Service x 0.00
Total Recurring Costs = $0.00
One-Time Cost
One-Time Unit Cost $20.00
One-Time Quantity x 11
Total One-Time Costs = $220.00
Summary
Total Cost $220.00
Funding Request for FRN #ECF2190024955
Funding Request Nickname Service for Hotspots
Service Type Services
Agreement (Contract) Type Contract
Service Provider Mobile Beacon
What is the service start date? September 01, 2021
When will the services end? September 01, 2022
Invoicing Method Applicant - FCC Form 472 (BEAR Form)
New Construction or
Self-Provisioned Network Key
Information
No
Narrative Mobile service for mobile hotspots for use by individual library patrons away from the Library.
FRN Calculation
Total Recurring Charges $1,320.00
Total One-Time Charges + $0.00
Total Charges = $1,320.00
Service Detail - ID # 1
Type of Connection Mobile Broadband
Bandwidth Download 100.000 Mbps
Bandwidth Upload 20.000 Mbps
Firewall Included Yes
Total Quantity 11
Total Cost $1,320.00
Cost Calculation
Monthly Cost
Monthly Recurring Unit Cost $10.00
Monthly Quantity x 11
Months of Service x 12.00
Total Recurring Costs = $1,320.00
One-Time Cost
One-Time Unit Cost $0.00
One-Time Quantity x 0
Total One-Time Costs = $0.00
Summary
Total Cost $1,320.00
Certifications
Total funding commitment request amount on this FCC Form 471 $42,447.06 I am authorized to submit this application on behalf of the above-named applicant and that based on information known to me or provided to me by employees responsible for the data being submitted, I hereby certify that the data set forth in this application has been examined and is true, accurate and complete. I acknowledge that any false statement on this application or on other documents submitted by this applicant can be punished by fine or forfeiture under the Communications Act (47 U.S.C. §§ 502, 503 (b)), or fine or imprisonment under Title 18 of the United States Code (18 U.S.C. § 1001), or can lead to liability under the False Claims Act (31 U.S.C. §§ 3729 – 3733).
In addition to the foregoing, this applicant is in compliance with the rules and orders governing the Emergency Connectivity Fund Program, and I acknowledge that failure to be in compliance and remain in compliance with those rules and orders may result in the denial of funding, cancellation of funding commitments, and/or recoupment of past disbursements. I acknowledge that failure to comply with the rules and orders governing the Emergency Connectivity Fund Program could result in civil or criminal prosecution by law enforcement authorities.
By signing this application, I certify that the information contained in this application is true, complete, and accurate, and the projected expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729–3730 and 3801–3812).
The library or library consortia eligible for assistance from a State library administrative agency under the Library Services and Technology Act, does not operate as for-profit businesses, and their budgets are completely separate from any school (including, but not limited to, elementary and secondary schools, colleges, and universities).
The school, library, or consortia listed on the FCC Form 471 application has complied with all applicable state, local, or Tribal local laws regarding procurement of services for which support is being sought.
The library or library consortium listed on the FCC Form 471 application is only seeking support for eligible equipment and/or services provided to library patrons who have signed and returned a statement that the library patron would otherwise lack access to equipment or services sufficient to meet the patron’s educational needs if not for the use of the equipment or service being provided by the library.
The school, library, or consortia is not seeking Emergency Connectivity Fund support or reimbursement for eligible equipment or services that have been purchased and reimbursed in full with other federal pandemic-relief funding, targeted state funding, other external sources of targeted funding or targeted gifts, or eligible for discounts from the schools and libraries universal service support mechanism or other universal service support mechanism.
The applicant or the relevant student, school staff member, or library patron has received, or the applicant has ordered or will order, the equipment and services for which funding is sought
The equipment and services the school, library, or consortium purchases or will purchase using Emergency Connectivity Fund support will be used primarily for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by ## 54.1713.
The school, library, or consortium has created and will maintain an equipment and service inventory as required by § 54.1715.
The school, library, or consortium has complied with all program rules and acknowledge that failure to do so may result in denial of discount funding and/or recovery of funding.
The applicant recognizes that it may be audited pursuant to its application, that it will retain for ten years any and all records related to its application, and that, if audited, it shall produce such records at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or federal agency with jurisdiction over the entity.
No kickbacks, as defined in 41 U.S.C. § 8701 and/or 42 U.S.C. § 1320a-7b, were paid or received by the applicant to anyone in connection with the Emergency Connectivity Fund.
Have you already certified your status of compliance with the Children’s Internet Protection Act (CIPA) on an FCC Form 486 or FCC Form 479 for the relevant funding year?
No
CIPA Certifications
I certify that as of the date of the start of Emergency Connectivity Fund program supported services:
The recipient(s) of service represented in the Funding Request Number(s) on this Form 471 is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year.
Notice
Section 54.1710 of the Federal Communications Commission's rules requires all schools and libraries ordering services that are eligible for and seeking support through the Emergency Connectivity Fund Program to submit an application for such support by filing this Emergency Connectivity Fund Services Ordered and Certification Form (ECF FCC Form 471) with the Universal Service Administrator. 47 C.F.R. § 54.1710. The collection of information stems from the Commission's authority under sections 1, 4(i), 4(j), 201-205, 214, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. § 151-154, 201-205, 218-220, 254, 303(r), 403 and 405 and section 7402, title VII of the American Rescue Plan Act, 2021, Pub. L. No. 117-2, 135 Stat. 4 (American Rescue Plan Act). The data in the report will be used to ensure that schools and libraries comply with the application requirements for universal service discounts contained in 47 C.F.R. § 54.1710.
Schools and libraries must file this form themselves or as part of a consortium. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The FCC is authorized under the Communications Act of 1934, as amended and section 7402 of the American Rescue Plan Act, to collect the information we request in this form. We will use the information you provide to determine whether approving your application for Emergency Connectivity Fund Program support is in the public interest. If we believe there may be a violation or a potential violation of any applicable statute, regulation, rule or order, your application may be referred to the Federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing the statute, rule, regulation or order. In certain cases, the information in your application for Emergency Connectivity Fund program support may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; or (b) any employee of the FCC; or (c) the United States Government is a party of a proceeding before the body or has an interest in the proceeding. In addition, consistent with the Communications Act of 1934, American Rescue Plan Act, FCC regulations and orders, the Freedom of Information Act, 5 U.S.C. § 552, or other applicable law, information provided in or submitted with this form or in response to subsequent inquiries may be disclosed to the public. If you owe a past due debt to the Federal government, the information you provide may also be disclosed to the Department of the Treasury Financial Management Service, other Federal agencies and/or your employer to offset your salary, IRS tax refund or other payments to collect that debt. The FCC may also provide the information to these agencies through the matching of computer records when authorized. If you do not provide the information we request on the form, the FCC or the Universal Service Administrator may delay processing of your application for Emergency Connectivity Fund Program support or may return your application without action. The foregoing Notice is required by the Paperwork Reduction Act of 1995, Pub. L. No. 104-13, 44 U.S.C. § 3501, et seq. Public reporting burden for this collection of information is estimated to average 4.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing, and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the reporting burden to the Federal Communications Commission, Performance Evaluation and Records Management, Washington, DC 20554. We also will accept your comments via the email if you send them to [email protected]. DO NOT SEND COMPLETED WORKSHEETS TO THESE ADDRESSES.
Authorized Person
Title: Adult Reference Librarian Name: Christopher P Larsen Phone: 510-620-5524 Email: [email protected] Address: 325 CIVIC CENTER ST RICHMOND CA 94804 - 1701 Employer: RICHMOND PUBLIC LIBRARY Certified Timestamp
13-August-2021 20:21:08 EDT
June 7, 2022
Library and Community Services
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
LaShonda White, Interim Director of Library and
Community Services
Tamara Walker, Deputy Director of Library and
Community Services, Employment and Training Division
Fred Lucero, Program Manager RichmondBUILD
Subject:
Environmental Workforce Development Training Contract
Amendment for the Richmondbuild Program
FINANCIAL IMPACT: The proposed expenditure of $14,000 is funded by the RichmondBUILD Academy’s SF Foundation grant
allocation (12576441-400538-42113). There will be no
fiscal impact on the City’s General Fund.
PREVIOUS COUNCIL
ACTION:
December 20, 2019; May 5, 2021; July 28, 2021; and
December 21, 2021
STATEMENT OF THE
ISSUE:
The Employment and Training Division of the Community
Services Department is seeking an amendment to its
contract with the National Association of Training and
Environmental Consulting International, Inc. to provide additional hazardous materials training and certifications for the RichmondBUILD Academy participants.
AGENDA
REPORT
June 7, 2022
RECOMMENDED ACTION:
APPROVE a fourth contract amendment with the
National Association of Training and Environmental
Consulting (NATEC) International, Inc. to provide
additional hazardous materials training classes as part of the RichmondBUILD pre-apprenticeship training
program. The contract term will be extended one year,
through June 30, 2023. The contract amount will be
increased by $14,000, for a total contract amount not to exceed $100,738 – Library and Community Services
Department (LaShonda White/Tamara Walker/Fred
Lucero 510-621-1562).
DISCUSSION:
On October 24, 2019, the Employment & Training Division was awarded a $200,000 competitive grant from the Environmental Protection Agency (EPA) through the Environmental Workforce Development & Job Training grant program.
The competitive bidding process and original contract for the training were completed in November 2019. The National Association of Training and Environmental Consulting (NATEC) International, Inc. was the winner of the competitive bidding process. This amendment will add one (1) additional cohort, Cohort 48, for Occupational Safety and Health Administration (OSHA) certified hazardous materials training services for the grant.
NATEC International, Inc. will provide the following training, which is part of the training classes offered. The scope of work is the same between the existing agreement and the proposed amendment:
Hazardous Waste Operations and Emergency Response (HAZWOPER) 40 certification.
Federal OSHA 30 Construction Industry.
Medic First Aid/Cardiopulmonary Resuscitation (CPR).
Employment & Training recommends that the City Council approve the contract amendment with the NATEC International, Inc. for hazardous materials training for the RichmondBUILD Program.
DOCUMENTS ATTACHED:
Attachment 1 – Original Contract
Attachment 2 – Contract Amendment 1
Attachment 3 – Contract Amendment 2
Attachment 4 – Contract Amendment 3
Attachment 5 – Proposed Contract Amendment 4
CITY OF RICHMOND
STANDARD CONTRACT
Department: Employment & Training Project Manager: Fred Lucero Project Manager E-mail: Project Manager Phone No:
[email protected] (510) 772-8105
PRNo: Vendor No: 14169 P.O./Contract No:
Description of Services:
Contractor shall provide a series Hazardous Materials training and certification at the RichmondBUILD Academy.
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the "City") and the following named Contractor:
National Association of Training and Environmental Consulting Company Name: (NATEC) International, Inc.
Street Address: P.O. Box 25205
City, State, Zip Code: Anaheim, CA 92825
Contact Person: Allison Croulet
Telephone: (909) 697-6407 Email: [email protected] Business License No: 40059399 I Expiration Date: November 5, 2020 A California D corporation, D limited liability corporation D general partnership, D limited partnership, D individual, [{]non-profit corporation, D individual dba as [specify:] ________ _
D other [specify:]
-------------------
2. Term. The effective date of this Contract is December 3, 2019 and it terminates June 30, 2021 unless terminated as provided herein.
3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed$ 45000. . City shall not pay for services that exceed the Contract Payment Llm1t unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
22001792/5016
23529
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. . Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND
Title: Ma~a/'
I hereby certify that this Contract
has been approved by City Council.
CONTRACTOR:
National Association of Training and Environmental
CnnsiJitina fNATFC) lntP.rn~tinn~L lnr. _
(*The Corporation Chairperson of the Board,
President or Vice hould sign below)
----Title: ~~<? ~ "S;?z..o...J J •
B ~~-
City-cleik
Date Signed: 12-- J )- I f
Approved as to form: 2
~~- ~ By:
City Attorney
LIST OF ATTACHMENTS:
Service Plan
Payment Provisions
Authorized Representatives and Notices
General Conditions
Special Conditions
Insurance Provisions
Standard ContracUEJ/TE 9-26-07
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer .
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
EXHIBIT A
SERVICE PLAN
For the Contract between the City of
Richmond and
National Association of Training and
Environmental Consulting (NATEC)
Sal Vaca, Director
Contractor shall, to the satisfaction of the Fred Lucero, Program Manager , perform the following services and be compensated as outlined below:
NATEC International, Inc. will provide the following training services:
• Hazardous Waste Operations and Emergency Response (HAZWOPER) 40 certification; • Occupational Safety and Health Administration (OSHA)1 0; • First Aide/Cardiopulmonary resuscitation (CPR);
• Confined Space, and;
• Traffic Control.
1. Contractor shall not be limited to the classes listed above, and may provide other trainings if requested by the Project Manager.
2. City of Richmond shall determine the dates and times of the classes, and provide a suitable training space with a projector or flat screen display for presentations.
3. Contractor shall schedule/notify appropriate governing bodies of training classes and report trainees' completion of trainings within required time limits.**Contractor shall be responsible for submitting course completion paperwork and ID photo to CA Department of Public Health to certify graduates.**
4. Contractor shall provide hard copy certificates of completion and wallet cards for all trainings that indicate: expiration dates, training provider information, and trainee name. ALL CERTIFICATIONS SHALL BE DELIVERED TO PROJECT MANAGER; CERTIFICATIONS SHALL NOT BE GIVEN TO INDIVIDUAL PARTICIPANTS.
5. Contractor shall provide laptop for presentations, student manuals, worksheets, exams, and any other required classroom reading or testing materials.
6. Contractor shall provide any and all required training and protective equipment, including but not limited to: personal protective equipment for head and extremities, protective clothing, respiratory devices, tanks, decontamination booth, Tyvek suits, etc.
7. Contractor shall provide online tracking for each course indicating the certification date, expiration date, instructor, all participants and who completed the course.
For the Contract between the City of
Richmond and
National Association of Training and
Environmental Consulting (NATEC)
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department- Accounts Payable Project Manager: Fred Lucero Department: Employment & Training PO Box 4046 I 450 Civic Center Plaza
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Fred Lucero before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City's satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
EXHIBIT C
For the Contract between the City of
Richmond and
National Association of Training and
Environmental Consulting (NATEC)
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Fred Lucero
City of Richmond
330 25th Street
Richmond CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Allison Croulet
National Association of Training and Environmental Consulting P.O. Box 25205
Anaheim, CA 92825
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, per.centage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 1 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City's rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, .recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 2 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor's accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 3 of 13
Pursuant to California Government Code§ 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staffs determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staffs determination.
9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 4 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 5 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15.1ndemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. Contractor's obligation to General Conditions/EJ/TE 01-19-11 6 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor's work or work product by any indemnified party shall not affect, relieve or reduce the Contractor's indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 7 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17.1nsurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under§ 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with§ 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City's Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City's website at
http://www .ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 8 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21.1ntegration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 9 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 10 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33.1nterpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 11 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor's performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 1 07), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 12 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
General Conditions/EJ/TE 01-19-11 13 of 13
For the Contract between the City of
Richmond and
National Association of Training and
Environmental Consulting (NATEC)
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
There are no Special Conditions under this contract.
For the Contract between the City of
Richmond and
National Association of Training and
Enyjronmental Consyltjng (NATEC)
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
City of Richmond -Insurance Requirements -Type 1:
Consultants and Contractors
Exhibit F
Section 8
In all instances where a CONTRACTOR or its representatives will be conduct ing business and/or providing services, 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, servic~s 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 prov iding 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 add itional insured for general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for 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) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of Californ ia including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation and Builder's Risk/ Course of Construction Insurance.
6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. - (Only required for Construction Contracts involving property)
7. Contractor's Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers' Compensation and
Employers' Liability
Revised: September 2011
Statutory limits as requ ired by the State of California including $1 million Employers' Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self Insure, signed by the California Department of Industrial Relations and Self Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at:
http://www.ci.richmond.ca.uslindex.aspx?nid-61 .
Type 1 - Page 1 of 4
Exhibit F
Section 8
City of Richmond -Insurance Requirements -Type 1:
Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
Builders' Risk/Course of
Construction - Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Contractor's Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Required Policy Conditions
A. M. Best Rating
Additional Insured Endorsement
Revised: September 2011
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
$1,000,000 per occurrence for bodily injury and property damage.
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additionsr including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond's site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Same limits as General Liability.
A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
Type 1 - Page 2 of 4
Exhibit F
Section 8
City of Richmond - Insurance Requirements- Type 1:
Consultants and Contractors
Additional Insured Endorsement SAMPLE Endorsements can be found at (continued) htt12: {_{_www. ci.richmond. ca.us{_index.asQx?nid= 61 Primary and Noncontributory The contractor's insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers . Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers Compensation and Builder's Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
httQ:{_{_www.ci.richmond.ca.us{_index.asQx?nid=61
Deductibles and Self-Insured Any deductible or self-insured retention must be declared to and approved Retentions by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self- insured retention guaranteeing payment of losses and related investigat ions, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only Applicable to Builder's Risk/Course of Construction naming the City of required when Builder's Risk Richmond as Loss Payee.
and/ or Course of Construction
Insurance is required.)
SURETY BONDS The Contractor shall prov ide:
(If a Public Works/Engineering 1. A Bid bond
Project) 2. A Performance Bond
3. A Payment Bond
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 coverages and cover those insured in the underlying policies .
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 pol icy 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 rev iew and approval, separate cert ificates 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 ma intain 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 lim itation, 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.
Type 1 - Page 3 of 4
Revised: September 2011
City of Richmond -Insurance Requirements- Type 1:
Consultants and Contractors
Verification of Coverage
Exhibit F
Section 8
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until 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.
Type 1 Page 4 of 4
Revised: September 2011
ACORD® CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DDIYYYY)
~ 11/4/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORAL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER ~~~~~(;I KathyWidak
Western Insurance Mktg Corp r.JJg~~o Ext): 909-860-0599 I!"!"\~ (AIC, No):
315 A S Diamond Bar Blvd ~ifDA~~SS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC#
Diamond Bar CA 91765 INSURER A: COLONY INSURANCE COMPANY 39993 INSURED INSURER B: STATE COMPENSATION INS FUND 35076
NATEC International, Inc. INSURERC: INFINITY INSURANCE COMPANY 22268 PO BOX 25205 INSURER D:
INSURERE:
ANAHEIM CA 92825 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'rf~ TYPE OF INSURANCE INSD WVD POLICY NUMBER (~~r6~MYY) (~~r6~~) LIMITS _K COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 ~CLAIMS-MADE [Rj OCCUR ~~~~~~~ (E~~~~~~nce) $ 100000 -
MED EXP (Any one person) $ 5000 -
A y y PACEP4223633 12/27/2018 12/27/2019 PERSONAL & ADV INJURY $ 1000000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 M DPRO- DLOC PRODUCTS - COMP/OP AGG $ 2000000 POLICY JECT OTHER: $
AUTOMOBILE LIABILITY (Ea accident)ll'li..:>Lt: LIIVIII $ 1000000 1--
ANY AUTO BODILY INJURY (Per person) $
1-- OWNED "' SCHEDULED c AUTOS ONLY AUTOS y y 504610112397001 12/27/2018 12/27/2019 BODILY INJURY (Per accident) $ 1-- HIRED " NON-OWNED 1 (p~~;gc7dle~t)AIVIAI..:>t: $
~ AUTOS ONLY r- AUTOS ONLY
$
UMBRELLA LIAB
~OCCUR EACH OCCURRENCE $ 1000000
'---
A
"
EXCESS LIAB CLAIMS-MADE EXC4223634 12/27/2018 12/27/2019 AGGREGATE $ 1000000 OED I I RETENTION $ $
WORKERS COMPENSATION
Xlg-frTuTE I I¥~H-AND EMPLOYERS' LIABILITY YIN
f>-NY PROPRIETOR/PARTNER/EXECUTIVE m N/A E.L. EACH ACCIDENT $ 1000000 B QFFICER/MEMBER EXCLUDED? Y y 9050050 03/15/2019 03/15/2020 (Mandatory in NH) E.L. DISEASE- EA EMPLOYEE $ 1000000
If yes, describe under
1000000 DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ Professional Liability retro date
A 12/27/18 PACEP4223633 12/27/2018 12/27/2019 Aggregate 2000000 C:l~tim~ m~trl~ ~tnrl1·~nm-t~rl Each Wrongful Act 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Richmond, its officers, officials, employees, agents and volunteers are added as additional insured including primmy and non contributmy wording per endorsements attached(per schedule on file with Colony Ins). Workers' Compensation waiver of subrogation applied per endorsement attached.
30 day notice of cancellation 10 day for non payment of premium
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ofRichmond ACCORDANCE WITH THE POLICY PROVISIONS.
Employment & Training Department AUTHORIZED REPRESENTATIVE 330-25th Street K~A~W~
1 Richmond CA 94804
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
PACEP4223633
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS- SCHEDULED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
EnviroPACE Insurance Policy
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Where Required By Written Contract
PER THE SCHEDULE ON FILE WITH COLONY
A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage, or cleanup costs caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your oehalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to bodily injury or property damage occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of2 with its permission.
C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Umits of Liability shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Liability shown in the Declarations.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EPACElOl-0814 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission.
PACEP422363
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION BY US
CERTIFICATE HOLDER(S)
This endorsement modifies insurance provided under the following:
EnviroPACE Insurance Policy
SCHEDULE
Certificate Holder(s):
PER THE SCHEDULE ON FILE WITH COLONY
Section XXIII. CONDITIONS, 4. Cancellation is amended by the addition of the following:
If we cancel this Policy before the expiration date thereof, we will mail 30 days written notice (10 days for non-payment of premium) to the Certificate Holder(s) indicated in the SCHEDULE above.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EP ACE 1 06-0714 Page 1 of 1
PACEP422363
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V.
PRIMARY AND NON-CONTRIBUTORY
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
EnviroPACE Insurance Policy
SCHEDULE
Person(s) or Organization(s):
Where Required By Written Contract
PER THE SCHEDULE ON FILE WITH COLONY
Section XXIII. CONDITIONS, 14. Other Insurance is amended by the addition of the following:
This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE above provided that:
1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EPACE107-0714 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.
PACEP422363
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION FOR SPECIFIED
PERSON, ENTITY OR ORGANIZATION
This endorsement modifies insurance provided under the following:
EnviroPACE Insurance Policy
SCHEDULE
Name Of Person(s), Entity(ies) or Organization(s):
Where Required By Written Contract
PER THE SCHEDULE ON FILE WITH COLONY
Section XXIII. CONDITIONS, 17. Subrogation is amended by the addition of the following:
In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured's rights of recovery against any person, entity or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shall do anything to prejudice such rights.
Any recovery obtained as a result of subrogation, after such expenses incurred in the subrogation proceedings are deducted by us, shall accrue first to the insured to the extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Policy; and then to the insured to the extent of its Deductible.
However, solely with respect to Coverage Part 1 or Coverage Part 2, if the insured has waived rights of recovery against the person(s), entity(ies) or organization(s) shown in the SCHEDULE above prior to a loss or claim, we waive any right to recovery we may have under the Policy against such person(s), entity(ies) or organization(s).
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EPACE113-0714 Page 1 of 1
STATE
COMPENSATION
INSURANCE
FUNC
HOME OFFICE
SAN FRANCISCO
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
BLANKET BASIS
EFFECTIVE MARCH 15 1 2019 AT 12.01 A.M.
REP 44
9050050-19
RENEWAL
sc
5-04-55-10
PAGE 1 OF
ALL EFFECTIVE OATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
AND EXPIRING MARCH 15 1 2020 AT 12.01 A.M.
NATEC INTERNATIONAL1 INC
PO BOX 25205
ANAHEIM, CA 92825
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
JOB DESCRIPTION
BLANKET WAIVER OF
SUBROGATION
NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND
ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
FEBRUARY 28, 2019
i.Lp;~ .d-Ie~~
1 ~~~ PRESIDENT AND CEO 2572
SCIF FORM 10217 (REV.4-2018} OLD DP 217
KEMPERAuto I ~INFINITY
Customer Service: 800-722-3391
Copy To
NATEC INTERNATIONAL, INC.
Po Box 25205
Anaheim, CA 92825
Infinity Commercial Auto
11700 Great Oaks Way, Suite 450
Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
WAIVER OF SUBROGATION
CALIFORNIA
Policy 10 Number
504-61011-2397-001
Named Insured
Claims Service : 800-334-1661
Ex pi ration Date
12/27/2019 12:01 AM
NATEC INTERNATIONAL INC.
This endorsement is attached to and forms a part of the listed policy . No changes will be effective prior to the time changes are requested .
In return for your premium payment shown below, we agree that our rights of subrogation or rights of recovery under the policy will not apply against the following person or organization:
The City of Richmond, its Officers, Officials,
Employees, Agents and Volunteers
330 25th St
Richmond, CA 94804
Additional premium in the amount of $25.00 will be retained by us regardless of any early termination of this endorsement or the policy.
All other policy provisions remain unchanged.
50461 SWF01 Amend Date: 11/04/2019
..
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Employment and Training Dept. Project Manager: Fred Lucery Project Manager E-mail: Project Manager Phone No:
Fred Lucero (510) 772-8105
P.R. No: Vendor No: 14169 P.O./Contract No: /5016
Description of Services:
Contractor shall provide additional Hazardous Materials training and certification at the Richmond BUILD Academy.
Amendment No. _1_ modifies the: (2"d or subsequent amendments attach Amendment History page) 0Term, Payment Limit and Service Plan D Payment Limit and Service Plan 0Term and Service Plan D 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:
National Association of Tra ining and Environmental Consulting (NATEC) Company Name: International, Inc .
Street Address : P.O. Box 25205
City, State, Zip Code: Anaheim , CA 92825
Contact Person: Allison Croulet
Telephone : (909) 697-6407 Email: [email protected] Business License No: 40059399 I Expiration Date: November 5, 2021 A California[{] corR,ration , n limited liability corporation D general partnership, D limited partnership , indiviffifal , D non-profit corporation , D individual dba as specify:]
0 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 December 20, 2019 , which original term commenced on December 3, 3019 and terminates June 30, 2021 with an original ------------------
contract payment limit of $45,000.00 . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference .
3. Original Contract Prov isions . 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.
22100832
25055
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.
List of Attachments:
1. Amendment Provisions
2. Updated Insurance Certificates
Contract Amendment/EJ /TE 09-26-07
CONTRACTOR:
National Association of Training and Environmental
Consultina fNAT EC) International. Inc.
(*The Corpora tion Chief Financial Officer , Secretary or Assistant Secretary should sign on the line below.)
\ It 3/3• /~1
By: j1l. :J. \ ~~\1c l~t w \~Q.~Jf,.l.
Title: Cz tt.fort/FTY- C FO
(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
National Associat ion of Training and Environmental Consulting (NATE C) International, Inc.
Amendment No.
1 P.O./Contract No.
/5016
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
December 3, 3019
(Insert original contract commencement date)
and it terminates
June 30, 2022
(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$ 4, 700.00 . 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$ 49,700.00 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 $1 0,000."
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Please see attached.
Contract Amendment/EJ/TE 9-26-07
22100832
Contract Amendment between the City of Richmond and
National Association of Training and Environmental Consulting {1\lt..TI=C:\ lnte>rn,;;ttinn,;;t( In,..
Amendment No.
1 AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR'S OBLIGATION'S)
P.O./Contract No.
/5016
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Provide additional services:
NATEC International , Inc. will provide the following training services:
• Hazardous Waste Operations and Emergency Response (HAZWOPER) certification; • Occupational Safety and Health Administration (OSHA)1 0; • First Aide/Cardiopulmonary resuscitation (CPR);
• Confined Space, and;
• Traffic Control.
1. Contractor shall not be limited to the classes listed above, and may provide other trainings if requested by the Project Manager .
2. City of Richmond shall determine the dates and times of the classes, and provide a suitable training space with a projector or flat screen display for presentations.
3. Contractor shall schedule/notify appropriate governing bodies of training classes and report trainees' completion of trainings within required time limits.**Contractor shall be responsible for submitting course completion paperwork and ID photo to CA Department of Public Health to certify graduates.**
4. Contractor shall provide hard copy certificates of completion and wallet cards for all trainings that indicate : expiration dates, training provider information, and trainee name. ALL CERTIFICATIONS SHALL BE DELIVERED TO PROJECT MANAGER ; CERTIFICATIONS SHALL NOT BE GIVEN TO INDIVIDUAL PARTICIPANTS.
5. Contractor shall provide laptop for presentations , student manuals, worksheets , exams, and any other required classroom reading or testing materials .
6. Contractor shall provide any and all required training and protective equipment, including but not limited to: personal protective equipment for head and extremities, protective clothing , respiratory devices, tanks, decontamination booth, Tyvek suits, etc.
7. Contractor shall provide online tracking for each course indicating the certification date, expiration date, instructor, all participants and who completed the course.
Contract Amendment/EJ/TE 9-26-07
22100832
..
Contract Amendment between the City of Richmond and
National Association of Training and Environmental Consulting {1\lli.TI=r.) lntorn~tinn~l lnl"
Amendment No.
1 P.O./Contract No.
/5016
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):
0 Increased contract payment limit by$ 4,700.00 for a payment limit not to exceed$ 49 700.00 .
0 Term Amendment (insert new termination date):_J_u_ne_3_0_, 2_0_2_2 _____ _ 0 Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager o for one or more of the following provisions (check those that apply):
D Increased contract payment limit by $ _______ for a payment limit not to exceed $49,700 .00
D Term Amendment (insert new termination date): __________ _ D 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):
D Increased contract payment limit by $ _______ for a payment limit not to exceed $ 49 700.00
D Term Amendment (insert new termination date): _______ ___ _ D 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):
D Increased contract payment limit by$ _______ for a payment limit not to exceed$ 49 700.00
D Terni Amendment (insert new terminat ion date): __________ _ D 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):
D Increased contract payment limit by $ _______ for a payment limit not to exceed $ 49 zoo DO
D Term Amendment (insert new termination date): __________ _ D Service Plan
22100832
05-06-2021
NATEINT 01 - KPHAM
ACORD~
CERTIFICATE OF LIABILITY INSURANCE I
DATE (MMIDDIYYYY)
~ 3/18/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC IES BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER .
IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy(i es) must have ADDITIO NAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED , subject to the term s and conditions of the policy , certain policies m ay require an end orseme nt. A statement on this certificate does not confer rights to the certificate hold er in lieu of such endorsement(s).
PRODUCER Licen se # 0548614 . ~2AAI~c T Katherine Widak Western Insurance Marketing Corporation Ff,8,NJo, Ext): I FAX PO Box 4760 (AIC, No):
Diamond Bar, CA 91765 loMDA~~ss: [email protected] INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : State Comp Insurance Fun d 35076
INSURED INSURER B:
NATEC International , Inc . INSURERC:
PO BOX 25205 INSURER D:
ANAHEIM , CA 92825 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER · REVISION NUMBER ·
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1~-fl: TYPE OF INSURANCE ~9fJ- 'tW~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ r-- tJ CLAIMS-MADE D OCCUR ~~t;l:'}~q?E~~J~~encel r-- $ r-- MED EXP CAnv one oersonl $
r-- PERSONAL & ADV INJURY $
H 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY D ~r8-r D LOC PRODUCTS • COMPIOP AGG $
OTHER: $
~TOMOBILE LIABILITY fe~~~~;~1 ;> 1NGLE LIMIT $
-
ANY AUTO ,--- BODILY INJURY CPer oersonl $
OWNED SCHEDULED
-
AUTOS ONLY r-- AUTOS BODILY INJURY CPer accident $
,--- ~L't'WsoNLY r-- ~8{'b~~l~ Ft.?~a!~i~t?AMAGE $
s
UMBRELLA LIAB .t-=1. OCCUR EACH OCCURRENCE $
- EXCESS LIAB CLAIMS-MADE AGGREGATE s
OED I I RETENTION$ s
A WORKERS COMPENSATION X I ~ffnm: I I ~~H-AND EMPLOYERS' LIABILITY YI N 3/15/2021 3/15/2022 ANY PROPRIETOR/PARTNER/EXECUTIVE D X 9050050 E.L. EACH ACCIDENT $ 1,000 ,000 ~FFICER/MEMB~R EXCLUDED? NIA 1,000,000 Mandatory In N ) E.L. DISEASE· EA EMPLOYEE $ g~~~~f~f;~~ 'if~~PERAT IONS below E.L. DISEASE· POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Waiver of Subrogation applies t o Workers Compensation to the extent provided in the attache d form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL LED BEFORE City of Richmond THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Empl oymen t & Training Department 330-25 th Street
Richmond , CA 94804
AUTHORIZED REPRESENTATIVE
I ~
ACORD 25 (2016/03) © 1988-201 5 A CORD CORPORATION. All rights reser ved .
The ACORD n ame and logo are registe red marks of ACORD Page 245 of 1235
STATE ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
BLANKET BASIS
BROKER COPY
COMPENSATION
INSURANCE
FUND
HOME OFFICE
SAN FRANCISCO
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
EFFECTIVE MARCH 15, 2021 AT 12.01 A.M.
AND EXPIRING MARCH 15, 2022 AT 12.01 A.M.
NATEC INTERNATIONAL, INC
PO BOX 25205
ANAHEIM, CA 92825
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL
NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.
THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
JOB DESCRIPTION
BLANKET WAIVER OF
SUBROGATION
9050050-21
RENEWAL
sc
5-04-55-10
PAGE 1 OF
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE
OR EXTEND ANY OF THE TERMS, CONDITIONS , AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO :
~~-5{
MARCH 11, 2021
d~,P>~ .41-L<~~
PRESIDENT AND CEO
2572
SCIF FORM 10217 (REV.7·2014) OLD DP 217
1